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  1. #1
    Join Date
    Jul 2010
    Posts
    8

    Default What Happens After They MMI You

    Quote Quoting PaulaR View Post
    30 days and still no letter about the ratings. We will file dispute. When does the 30 weeks start? He got a 10% rating. Our primary Dr said that husband probably couldn't get hired to work at Mac D's with the memory loss, etc. We will find out 8/3 results of MRI on neck & full bone scan. Thanks in advance.
    wat happens after they mmi you and say go find a job out of your feild of work

    i had fussion surgery i am a block mason they mmi me and said go back to light duty they cut my benifits in oct i cant even wash dishes i have a perment damage it hurts over a year later is there any settlement ?

  2. #2
    Join Date
    Jul 2010
    Posts
    8

    Default Re: MMI and Rating Impairment

    Quote Quoting bklynboy1970 View Post
    wat happens after they mmi you and say go find a job out of your feild of work

    i had fussion surgery i am a block mason they mmi me and said go back to light duty they cut my benifits in oct i cant even wash dishes i have a perment damage it hurts over a year later is there any settlement ?
    they have me at 25 percent disabled do they have to re train me in a new feild of work

  3. #3
    Join Date
    Oct 1971
    Posts
    3,576

    Default Re: MMI and Rating Impairment

    bklynboy1970
    they have me at 25 percent disabled do they have to re train me in a new feild of work
    You are entitled to 75 weeks Impairment Income Benefits (IIBs)

    Impairment Income Benefits (IIBs) [Sections 408.121 - 408.129, Rules 130.1 - 130.12]
    You may be entitled to Impairment Income Benefits (IIBs) if you have a permanent impairment from a work-related injury or illness. Generally, Maximum Medical Improvement (MMI) is reached when you are as well as you are going to be from the work-related injury or illness. This does not mean that you will not need to follow up care with your health care provider, be completely pain free, or that you are released to return to work.

    Your impairment rating determines whether you are eligible for IIBs. Three (3) weeks of IIBs are paid for each percentage of impairment.

    For example, if you receive a 10 percent IR, you will receive 30 weeks of IIBs because 3 weeks of IIBs are paid for each percentage of impairment (10 x 3 = 30 weeks of IIBs).

    In your case you should recieve 75 weeks of Impairment Income Benefits (IIBs)
    (Your impairment rating, IR)=25 x 3 = 75 weeks of IIBs)

    When Impairment Benefits Begin and End
    You become eligible for Impairment Income Benefits (IIBs) the day after you reach maximum medical improvement (MMI). IIBs end after you have received a total of three (3) weeks of payments for each percentage of your impairment rating.

    http://www.tdi.state.tx.us/wc/employ...fits.html#iibs

    If you have problems, you should consult an attorney.

    Tony
    Last edited by tony; 07-31-2010 at 03:39 PM.
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    http://www.workerscompensationinsura...inks/index.htm

  4. #4
    Join Date
    Jul 2010
    Posts
    8

    Default Re: MMI and Rating Impairment

    thx tony i have a lawyer he isnt doing his job i had the opperation in april 09 they cut me off in oct 09 mmi me dec 09 i havent received nothing since my case is in ny im in fl went back to court april 2010 judge ordered 120 a week and said i can work i cant even wash a dish without pain am i screwed everybody says i should get something thx

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: MMI and Rating Impairment

    Quote Quoting bklynboy1970 View Post
    thx tony i have a lawyer he isnt doing his job i had the opperation in april 09 they cut me off in oct 09 mmi me dec 09 i havent received nothing since my case is in ny im in fl went back to court april 2010 judge ordered 120 a week and said i can work i cant even wash a dish without pain am i screwed everybody says i should get something thx
    The Texas rules/statutes don't apply to your claim. The weekly benefit calculations are probably similar. Depends on how NY rates for PPD.

    The wage loss benefits don't go on forever. Once your Dr determines your condition isn't likely to change better/worse in the next year or so, you would be MMI, and rated for PPD.

    When you can't return to your previous job duties, you may be eligible for VR...however, you are in Florida now... the NY ER isn't responsible for finding you a job in FL...or retraining for you a job in FL.

    What would you like for your atty to do at this point ?
    Can't change the medical condition, or report. Might get a second op on the PPD rating, if you'd pay for it. Can't change the rules for PPD payments, or force the ER/IC to provide VR services.
    Part of this difficulty is your voluntarily removing yourself from the NY labor market. No one can tell you where you can live or whether you may move around the country... but that can have detrimental affect on your comp benefits.

    Maybe be a good idea to post in NY as that's where your claim has jurisdiction.

  6. #6
    Join Date
    Oct 1971
    Posts
    3,576

    Default (Repost for Bklynboy1970) What Happens After They MMI You

    These post have been moved from the Texas board.
    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  7. #7
    Join Date
    Jun 2010
    Location
    Florida
    Posts
    46

    Default Re: (Repost for Bklynboy1970) What Happens After They MMI You

    Brooklyn Boy my wife like you has had a back surgery L5 S1 and is now 100% Disabiled, we use to live in NY and that is where she got hurt on the job and now we live in FLORIDA. She now has a PAIN MANAGEMENT DR that she see's every month for her pain meds and medical care and this DR sends the bill to the NY IC. It was tough moving to Florida at 1st but what you are saying I think is you feel they owe you something and the IC is not paying it even though the WC JUDGE ordered them to pay it. SO what you need to do is get on the PHONE and CONTACT your LAWYER or if you dont like the one you have or dont have one FIND ONE. Nothing is going to happen unless you get a COURT DATE and the LAWYER brings all this up in court, just a side note our last court date took 6 months to get so be ready to wait. If you are due all this money that you claim the judge ordered $120.00 per week you will get BUT YOU NEED A COURT DATE TO DO IT. Maybe call the WC BOARD in NY and talk to the CASE WORKER that is handleing your claim, everyone has one and my wife talks to her's all the time. There are so many things you should be doing to push this along but you are not going to get the answer you want to hear on this message board. There is no MAGIC BULLETT or a flip of a switch to get something done when it comes to NYS WC, get a LAWYER on the case otherwise you will be lost in the paperwork. One other thing to do have you tried for SSDI? If not why you said you cant wash a dish so try that, just dont hang around and think it will fix itself because it wont.
    Good Luck
    Tony
    I am here to support my Wife who was injuried on the job in 2004 and fighting the system.

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