Results 1 to 8 of 8
  1. #1
    Join Date
    Jan 2013
    Posts
    9

    Default MMI and Impairment Rating

    My workers compensation claim was made in the State of: Texas
    I was injured in September 2011. I have a disc pertrustion at L3/L4 and L4/L5 and herinated disc at L5/S1. I underwent chiropractor care and got no relief. I was referred to an Orthopedic surgeon in November. Recommended EPI. Had that done in late December of 2011. Went back for follow up and I had a left dropped foot so surgeon said surgery time, recommended discectomy of L5/S1. Saw the DD 10 days later and after his exam he had a needle EMG done and me see another Orthopedic surgeon to verify surgery. All of this took over a month. His report comes out and he placed me at MMI on the date of his exam and gave me a 10% IR. He left in his report that if and when I have surgery that he is to perform another exam. I file with TDI and get an Ombudsman to fight MMI. Ombudsman keeps pushing back BRC. After much fighting I FINALLY get surgery approved 9 months after it was recommended. Surgery done September 2012. I saw the same DD the other day for him to determine my MMI and IR. Has anyone ever heard of having two MMI's and IR's for the same injury? I have been researching all day and have found nothing of the sort. I asked my IC adjuster if the new MMI and IR would replace the old one and he said that would be determined at the upcoming BRC. I am just wondering if this new MMI and IR are going to be treated like new and I will receive money again. And what happens to the original MMI and IR? Is it thrown out and I am eligible to get back payments for TIB's?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Two MMI and Ir

    Yes... you were MMI at the first DD, because you had not undergone the additional treatment/surgery. The report said "if and when.." etc.
    Now you have had the surgery, your condition has changed, maybe for the better which would indicate improvement and a lower PD rating. Or, you may have higher impairment post op, meaning a higher PD rating.
    Still one PPD rating overall.

  3. #3
    Join Date
    Jan 2013
    Posts
    9

    Default Re: Two MMI and Ir

    So the more recent one becomes the MMI and IR? Do I get paid again?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Two MMI and Ir

    Don't know what you mean "paid again"... have you settle the claim?
    Your final PPD rating (MMI is a status, not a rating, you are rated for Permanent Partial Disability).
    Or in TX, an IR/Impairment Rating.
    You may be due some TIB, IRB, etc, don't know because don't have access to your file and facts.

    I realize you are posting under the specie of the forum... but it would be much easier to help you with your questions if you'd stay in one forum... TX would be best. ThankX

  5. #5
    Join Date
    Jan 2013
    Posts
    9

    Default Re: Two MMI and Ir

    My case is still open and I am still receiving treatment under my work comp case. I was paid on a 10% IR for the MMI that I was placed at in January of 2012. If I am placed at a new MMI and IR then do I get paid for the IR of the new MMI date?

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Two MMI and Ir

    IF the new IR is higher. You'd be entitled to additional benefits.

  7. #7
    Join Date
    Jan 2013
    Posts
    9

    Default Re: Two MMI and Ir

    So if I get a 10% IR again then what was the point of seeing the DD and having a new MMI date?

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Two MMI and Ir

    Quote Quoting Anakalia View Post
    So if I get a 10% IR again then what was the point of seeing the DD and having a new MMI date?
    Simple. That's the way the WC system works. If you are due additional benefits, that will be determined by DD, or going to court.
    You can of course refuse treatment, any time you like, and pay for everything out of your pocket.

Similar Threads

  1. Impairment Rating
    By D'sapple in forum California
    Replies: 2
    Last Post: 04-04-2010, 04:38 PM
  2. Impairment Rating
    By needtoknow in forum Kentucky
    Replies: 0
    Last Post: 02-20-2010, 04:46 AM
  3. MMI 7% Impairment Rating
    By ICF08 in forum Florida
    Replies: 4
    Last Post: 12-15-2009, 12:52 PM
  4. 0% Impairment Rating
    By ame402 in forum Nebraska
    Replies: 2
    Last Post: 04-27-2009, 07:07 AM
  5. Replies: 8
    Last Post: 05-20-2005, 12:11 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer