In a word, “no.” For an injured worker to get a “Permanency Award,” there should be no painful medical testing, as the physicians observe and measure the scar sites. The doctors do not usually put the patient through range of motion or sensation testing when determinations about the extent of scarring are concerned.
To get an Order from the Workers Compensation Commission Awarding Comp for scarring, your doctor should have indicated to you that your scars are permanent. In other words, that you have reached “MAXIMUM MEDICAL IMPROVEMENT” (or “MMI”). It makes no difference if the scar was caused by a laceration, chemical injury, burn or disease. Once your doctor has found “MAXIMUM MEDICAL IMPROVEMENT,” then we can go forward in seeking a permanency Award under the Virginia Workers Compensation Act for up to 60 weeks of indemnity benefits. A judge may have to look at you in court (or in her private chambers) to decide if it really is “severe marked disfigurement.” That usually does not hurt either. If you have other questions about your permanent scarring claims, please contact us at ABRAMS LANDAU, Ltd.