2 Injuries, Obwc Says I'm on MMI for One of Them

[Timber146]

I have 2 allowed injuries on my claim, one physical and one psychcological.

A OBWC referred doctor stated I'm MMI, which my mental health specialist is responding to.

Regardless, even If I lose that case, wouldn't I need to be MMI on my other physical injury to lose temporary total benefits?

[ohiobwclaw]

You are correct. It is not uncommon for BWC to evaluate (and request a finding of MMI) on either the physical or the mental(psychological). You are then eligible to continue to receive temporary total on whichever (physical or psychological) ONLY SO LONG AS THE MEDCO14 (Drs. statement of disability) CONTINUES TO SUPPORT DISABILITY BASED UPON THE ASPECT OF YOUR CLAIM FOR WHICH YOU HAVE NOT BEEN DECLARED MMI.

In other words, there is such a thing as a "partial" finding of MMI based upon physical or psychological.

[Timber146]

You are correct. It is not uncommon for BWC to evaluate (and request a finding of MMI) on either the physical or the mental(psychological). You are then eligible to continue to receive temporary total on whichever (physical or psychological) ONLY SO LONG AS THE MEDCO14 (Drs. statement of disability) CONTINUES TO SUPPORT DISABILITY BASED UPON THE ASPECT OF YOUR CLAIM FOR WHICH YOU HAVE NOT BEEN DECLARED MMI.

In other words, there is such a thing as a "partial" finding of MMI based upon physical or psychological.

Thank you for your response.

One last question, if you don't mind.

My treating doctor and the OBWC doctor both state that they believe I am permanently and totally disabled due to my allowed psychological condition and unable to obtain gainful employment.

Would those statements, if found to be accurate, prevent me from getting temporary total payments for my allowed physical injury, even though my physical injury is not MMI.

Essentially, if found totally disabled from one Condtion, does that make MMI status of any other allowed conditions irrelevant, since I have been found unable to return to any gainful employement no matter if there is room for improvement of my other allowed conditions?

[airdale]

Thank you for your response.

One last question, if you don't mind.

My treating doctor and the OBWC doctor both state that they beleive I am permanently and totally disabled due to my allowed psychological condition and unable to obtain gainful employment.

Would those statements, if found to be accurate, prevent me from getting temporary total payments for my allowed physical injury, even though my physical injury is not MMI.

Essentially, if found totally disabled from one Condtion, does that make MMI status of any other allowed conditions irrelevant, since I have been found unable to return to any gainful employement no matter if there is room for improvement of my other allowed conditions?

You better have great documentation to prove that....A Nero-syke exam needs to be done...But it sure sounds like a long reach...And your attorney better be well versed in the field ! You are in for one hell of a fight....Ive been there and done that!