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  1. #1
    Join Date
    Oct 2009
    Posts
    16

    Default MMI Following a Knee Replacement

    My workers compensation claim was made in the State of: OHIO

    I have been at MMI since 6-2012 I had total knee replacement last month am I still considered MMI...I have a union rep who doesnt return calls any help is greatly appreciated.

  2. #2
    Join Date
    Dec 2011
    Posts
    394

    Default Re: MMI

    Quote Quoting darlene4021 View Post
    My workers compensation claim was made in the State of: OHIO

    I have been at MMI since 6-2012 I had total knee replacement last month am I still considered MMI...I have a union rep who doesnt return calls any help is greatly appreciated.
    You will have to heal from surgery and go through rehab to be close to MMI..... your doctor is the one who would declare you mmi...... Your union rep would have nothing to do with mmi, they can only help with bargaining agreement making sure it is followed.

  3. #3
    Join Date
    Feb 2012
    Posts
    349

    Default Re: MMI

    Kneebow here,

    No you are no longer MMIed. But your ortho doc who did your surgery should be completing his/her part of your c-84 form (I believe their part is called medco-14) for you to get your TTD. You must also complete your part of the c-84. You still have PT to go through and that could take months for you to complete. It depends on how fast you recover after therapy. I have been on TTD since 2009, had my replacement 2012, developed complications and then RSD.
    I do know you are NOT MMIed. You are entitled to your TTD.

  4. #4
    Join Date
    Oct 2009
    Posts
    16

    Default Re: MMI

    I should have specified.I had 2 previous knee surgeries was put at mmi went back to work for 2 months then off on sick leave since was mmi...Now I had this replacement and Im still on sick leave...so what your saying I should report it to comp

  5. #5
    Join Date
    Feb 2012
    Posts
    349

    Default Re: MMI

    Kneebow here,
    Why are you on sick leave? If you are off because of your injury you should be on w/c leave. You have to give a little more of why you are off work..is it because of your injury or something else? However, if your treating physician fills out the forms(medco-14 and you complete the c-84) you should be getting w/c pay. Did w/c pay for your surgeries on you knees?

  6. #6
    Join Date
    Oct 2009
    Posts
    16

    Default Re: MMI

    Quote Quoting kneebow View Post
    Kneebow here,
    Why are you on sick leave? If you are off because of your injury you should be on w/c leave. You have to give a little of why you are off work..is it because of your injury or something else? However, if your treating physician fills out the forms(medco-14 and you complete the c-84) you should be getting w/c pay. Did w/c pay for your surgeries on you knees?
    I am on sick leave now extended disability, because was mmi in august 2012 my union also has wc reps so thats who handles my claim now since i have change in cirumstance he will file for tt. when i first came out in aug wc denied every possible form that was filed thats why after all denials i got me knee done under insurance

  7. #7
    Join Date
    Feb 2012
    Posts
    349

    Default Re: MMI

    Kneebow here,

    I guess I don't understand why you are on sick leave if you are off for your w/c injury. Is your injury an allowed condition? If so w/c should be responsible for paying for your knee surgery. Insurance companies will not pay for a work related injury.

    You should have a w/c attorney handling your case. I have NEVER heard of a union with w/c reps handling a w/c claim. You have got to be confused. It sounds like you don't have an attorney, and that being said you are screwing your self, BIG TIME!

    If you are going by the IME who placed you at MMI, well that is what they get paid to do by w/c. The language of w/c is far too complicated for you to handle your own case.

    A union has NOTHING to do with your w/c case. You can't possibly believe they do!?

    If you had an attorney that specializes in w/c, he/she would have been able to file for a hearing every time you were denied any kind of treatment. Most of all your private insurance that paid for your knee surgery had to be under the impression that this injury was not work related, because there is no way they would have paid for it. If they find out it was work related, you may be subject to having to pay them back. An attorney would have been able to fight w/c to get them to pay, being that it was work related.

    Next, you can't be at MMI if you just had the surgery a month ago. Here is where an attorney along with your treating physician would be able to help you as well.

    Sounds like there may be missing information that you have not provided, and you really need to seek help like YESTERDAY from an attorney to try to straighten out what you may have in the makings of a case gone bad.

    No offense intended, but Unions and workers comp don't go hand in hand.
    Last edited by kneebow; 02-15-2014 at 11:37 AM.

  8. #8
    Join Date
    Dec 2011
    Posts
    394

    Default Re: MMI

    Quote Quoting kneebow View Post
    Kneebow here,

    No offense intended, but Unions and workers comp don't go hand in hand.
    For many without Unions / Collective Bargaining Agreements they don't go hand in hand, for an injured worker with a union under a CBA there is an added level of protection that non unionized workers do not have. darlene4021 is represented by a union and mentioned it for a reason, I will not ask but seems to have needed their help......

    Here are a few links: Just google workers compensation and unions / collective bargaining agreements...... many states reference it

    http://digitalcommons.ilr.cornell.ed...ontext=reports

    http://www.lrc.ky.gov/kar/803/025/150.htm

    https://www.dir.ca.gov/dwc/carveout.html

    http://www.stronglawoffices.com/Arti...Illinois.shtml

  9. #9
    Join Date
    Feb 2012
    Posts
    349

    Default Re: MMI

    Kneebow here,

    What you're saying goingback is that a union member can file a c-9 to get a hearing for this allowed condition? And what you're saying is that a union worker can file the paper work to get w/c to pay for the knee surgery? Can the union fight for darlene4021 to get her TTD restarted?

    I too was in a collective bargaining agreement and they could do nothing but make sure that I was not wrongfully terminated, and they made sure I did not loose my seniority. They did nothing to help with my w/c case, because they had no power.

    I hope one of the attorneys from this site will shed some light on this subject.

    Anyway, I wish you well darlene4021.

  10. #10
    Join Date
    Dec 2011
    Posts
    394

    Default Re: MMI

    What I responded to was your statement "unions and workers comp does not go hand in hand" . I provided links that indicate they do and in what capacity. In your statement you indicate your union could make sure you were not wrongfully terminated. Some workers are unjustly terminated .... on this forum we read about it all the time. Some injured workers don't have someone other than their attorney, union workers have union support.

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