By Law Office of Aili Obandja
A permanent impairment evaluation asks whether a work injury has caused lasting medical loss. If it has, the physician assigns an impairment rating. Two practical questions follow: Who may obtain and pay for the rating, and what does the percentage mean for benefits?
For more about End Medical Result and what to do if that determination is disputed, see my related blog of September 22, 2026, Get Help With a Vermont End Medical Result Dispute.
You Can Choose a Physician for a Rating
Under Vermont Workers’ Compensation Rule 10.1210, an injured worker has the right to seek a permanent impairment rating from the treating physician or another physician of the worker’s choosing. The employer or insurance carrier must promptly notify the worker of that right in writing. The employer or insurance carrier may obtain a rating from another medical examiner, but that does not take away the worker’s right to seek one.
The worker’s choice of physician matters because the employer or carrier’s payment obligation includes at least one rating sought by the worker, even when the carrier obtains its own rating.
For more about what the physician examines and the required rating methodology, see my related blog, What Is a Permanent Impairment Evaluation in a Vermont Workers’ Compensation Case?.
Who Pays for It?
The employer or insurance carrier is responsible for paying for at least one permanent impairment rating sought by the worker, even if it also obtains a rating from its own examiner. At the Commissioner of Labor’s discretion, the employer or carrier may be ordered to pay for additional permanent impairment evaluations. Before scheduling the evaluation, confirm that the physician performs impairment ratings, how the appointment will be arranged, and how the employer or carrier will be billed.
How Does a Rating Affect Benefits?
A permanent impairment rating measures lasting medical loss, generally as a percentage of the whole person. Under 21 V.S.A. § 648 and Vermont Workers’ Compensation Rules 10.1300–10.1510, the rating is used in determining permanent partial disability benefits. The applicable formula converts the impairment percentage into a number of weeks of benefits. The weekly compensation rate determines the payment amount for that period. A rating percentage, standing alone, is not a dollar amount. The calculation must account for the law applicable to the claim and whether the impairment involves the spine.
What If the Physicians Disagree?
Different impairment ratings can produce different permanent partial disability payment amounts. If your chosen physician and the carrier’s examiner disagree, obtain both reports and seek clarification before agreeing to the percentage used to calculate benefits. The supporting medical evidence matters; neither percentage should be accepted solely because it is higher or lower. If another evaluation is needed, payment for additional ratings may be ordered at the Commissioner’s discretion.
Check the Proposed Benefit Calculation
Before accepting a proposed permanent partial disability payment, check the impairment percentage used, the applicable weeks multiplier, the weekly compensation rate, and any claimed credit for a prior paid impairment. Make sure the proposed payment follows the calculation applicable to your claim. A medically supported rating does not, by itself, establish that the payment calculation is correct.
Get Help Reviewing Your Rating and Benefits
The Law Office of Aili Obandja represents injured workers in Vermont workers’ compensation matters. If you have received an impairment report or a proposed permanent partial disability calculation, call 802-556-3582 to discuss reviewing them.
This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. The medical evidence, applicable law, and any prior agreements or orders may affect a particular claim. Consult an attorney about your circumstances.
