Many traffic accident victims in Japan having nervous symptoms struggle on the difference between 14th and 12th grade of residual disability. See the table of CALI's compensation of Residual Disability.
If being specific about nervous symptoms, 12th grade has indications " (13) Obstinate nervous symptoms in affected parts," while 14th grade has "(9) Nervous symptoms in affected parts."
The difference between them is simple. It’s whether the symptom is “obstinate” or not. However, when it comes to the amount of compensation, the difference is not small. The compensation of 14th grade is JPY750,000, while that of the 12th grade is JPY2,240,000. The difference between these grades is JPY1,490,000. However, since the total compensation victims get from a responsible party depends on the grade, the overall difference between these grades can be much more.
In this article, we especially take a closer look at the difference of symptoms between 12th grade (13) and 14th grade (9). This article will be useful, especially for people having cervical hernia, lumbar hernia, cervical sprain, and lumbar sprain and hoping to get 12th grade.
Difference between 12th and 14th grades
As you might have understood, the difference between 12th grade (13) and 14th grade (9) is whether it’s obstinate or not. Then what is the meaning of obstinacy in this regard?
In the disability class certification criteria based on Industrial Accident Compensation Insurance Act, the level of obstinate nervous symptoms means “it is possible to take regular labor, but sometimes severe pain prevents you from working.” So, if you want 12th grade, you have to focus on proving you’re in such conditions with GIROJ. Proving doesn’t mean saying. So even if you argue that you are in such condition,” it won’t work. Or your doctor’s simple indication, “He/She is in the condition” won’t work as well. You need to collect and submit some objective evidence with GIROJ so that you can objectively prove that you have obstinate nervous symptoms.
Proving your nervous symptom is obstinate (Consistency and Coherency)
Objective proofs are the most important for proving the obstinate nervous symptoms. Objective proofs can be the results of image examinations, neurological examinations, and so on.
There must be medical consistency between these objective proofs and your subjective symptoms. Namely, to get the grade 12th, it’s necessary to prove your symptoms satisfy the following three conditions:
- Subjective symptoms
- Objective symptoms which can be proved by image examinations
- Objective symptoms which can be proved by neurological examinations
Additionally, these three conditions need to be consistent from the beginning when you get injured till your doctor diagnoses your symptom is stabilized. (See the article about Stabilized Symptoms.)
In addition, coherency is as important as consistency. Let’s consider the following case:
"The doctor described that he/she confirmed your symptom, "the abnormalities of tendon reflexes" is stabilized in a medical certificate of residual disability. Since the doctor executed four of neurological examinations once a month in the treatment term. So, she attached their results to the certificate as well."
In this case, if only one of the four neurological examination results show your tendon reflexes are normal, you won’t get 12th grade because of a lack of coherency.
The preferable attitude toward your treatment
When applying for the grade of residual disability, GIROJ screens the applications all by paper. In addition to the doctor’s medical certificate for residual disability, you can submit the examination results of image and neurological examinations. (See the article on How to apply for special compensation for residual disability.)
These documents and images have to be both consistent and coherent so that GIROJ can give you the grade you deserve. In order to get the 12th grade and the compensation you deserve, it’s better to take the initiative for your treatment. You might have to well communicate with doctors, tell your intension and sometimes give them advice on how to make the documents with consistency and coherency. Active and positive participation in your treatment will surely help you to get the compensation you deserve in the end.