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Your NEL award is the percentage of your impairment from the AMA
Guides multiplied by your personal base amount. Your personal base
amount is determined by taking the base amount for the year you
reached maximum medical recovery (MMR) and adding one "adjustment
factor" for each year you were under 45 years of age or subtracting
one adjustment factor for each year you were over 45. The maximum
addition or subtraction in any year is 20 adjustment factors.
The base amounts, adjustment factors, minimums
and maximums are as follows (remember to use the amounts from the
year you reached maximum medical recovery):
|
Year
|
Base Amount
|
Adjustment Factor
|
Personal Base Amount
|
|
Minimum 65 or Older
|
Maximum 25 or Younger
|
|
1990
|
$45,000.00
|
$1,000.00
|
$25,000.00
|
$65,000.00
|
|
1991
|
$47,160.00
|
$1,048.00
|
$26,200.00
|
$68,120.00
|
|
1992
|
$49,235.00
|
$1,094.00
|
$27,353.00
|
$71,117.00
|
|
1993
|
$50,023.00
|
$1,112.00
|
$27,791.00
|
$72,255.00
|
|
1994
|
$50,973.44
|
$1,133.13
|
$28,319.03
|
$73,627.85
|
|
1995
|
$50,973.44
|
$1,133.13
|
$28,319.03
|
$73,627.85
|
|
1996
|
$51,381.23
|
$1,142.20
|
$28,545.58
|
$74,216.87
|
|
1997
|
$51,535.37
|
$1,145.63
|
$28,631.22
|
$74,439.52
|
|
1998
|
$51,535.37
|
$1,145.63
|
$28,631.22
|
$74,439.52
|
|
1999
|
$51,535.37
|
$1,145.63
|
$28,631.22
|
$74,439.52
|
|
2000
|
$51,638.44
|
$1,147.92
|
$28,688.48
|
$74,588.40
|
|
2001
|
$51,844.99
|
$1,152.51
|
$28,803.23
|
$74,886.75
|
|
2002
|
$51,844.99
|
$1,152.51
|
$28,803.23
|
$74,886.75
|
|
2003
|
$52,156.06
|
$1,159.43
|
$28,976.05
|
$75,336.07
|
|
2004
|
$52,156.06
|
$1,159.43
|
$28,976.05
|
$75,336.07
|
|
2005
|
$52,260.37
|
$1,161.75
|
$29,034.00
|
$75,486.74
|
|
2006
|
$52,417.15
|
$1,165.24
|
$29,121.10
|
$75,713.20
|
|
2007
|
$52,469.57
|
$1,166.41
|
$29,150.22
|
$75,788.91
|
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Sample Calculations
The general formula for calculating a NEL award is:
% of impairment x [base amount + or - (# of years under
or over age 45 x adjustment factor)]
For a worker who was injured at age 35 and who reached
MMR in 1990 with a 10% impairment, the calculation is:
10% x [$45,000 + (10 x $1,000)] = 10% x $55,000
Award for non-economic loss
= $5,500
For a worker who was injured at age 55 and who reached
MMR in 2007 with a 10% impairment, the calculation is:
10% x [$52,469.57 - (10 x 1,166.41)] = 10% x $40,805.47
Award for non-economic loss
= $4,080.55
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