Results 1 to 7 of 7
  1. #1
    Join Date
    Mar 2019
    Posts
    5

    Default Considered MMI then Wrote Back Off Work

    Hello, I was just curious if anyone knows how often an injured worker is returned to work MMI and then has to be wrote back off due to the injury? Is it difficult in OHIO to get additional medical handled once considered MMI?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,056

    Default Re: Considered MMI then Wrote Back Off Work

    Is it difficult in OHIO to get additional medical handled once considered MMI?
    Depends on the credibility of your claim - If the employer cooperates, you shouldn't have a problem re-opening or filing a second injury claim.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Mar 2019
    Posts
    5

    Default Re: Considered MMI then Wrote Back Off Work

    Seems odd the Employer has to cooperate. With HIPPA and everything else, the employer is indicating that I returned and never said I was hurting. I went in, did my job and went home. But the pain got worse and worse. I have an attorney and took it to the IC, but they have sided with the employer and now will need to file in court. Was just curious if anyone else has had this experience.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,056

    Default Re: Considered MMI then Wrote Back Off Work

    BWCJoke
    Seems odd the Employer has to cooperate.
    How's that odd that the insured (the employer) would have to approve your claim?
    Do you seriously think employers will let anyone file a claim with their carrier without their approval? If they allowed that every worker in America would be on comp.

    . I have an attorney and took it to the IC, but they have sided with the employer
    Of course they did, they're the insured.
    It's no different than if you got into a car accident and denied liability - Do you think your insurance is going to disagree with you and pay damages to the other party without a fight?
    Complaints of pain alone isn't enough to sustain a claim, you'll need objective evidence to support your claim.

    If you haven't settled, they should still be liable for medical otherwise you may have problems.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Mar 2019
    Posts
    5

    Default Re: Considered MMI then Wrote Back Off Work

    Do you see cases get handled differently when the employer is a govt entity? Does the following not apply?
    4123.95 Liberal construction of chapter.
    Sections 4123.01 to 4123.94, inclusive, of the Revised Code shall be liberally construed in favor of employees and the dependents of deceased employees.

    No settlement has been done. I have 3 doctors that have numerous reports in the file plus the neuro surgeon that did my Lumbar Fusion, saying the only time he does fusion on someone my age (mid 30's) is when uve had a traumatic injury or u were born with a spine issue. I was hit by a vehicle at hwy speed as a pedestrian while at work. I also was placed on OPERS disability and have the report from that IME indicating it was from this accident. It's all just crazy.

    Has anyone had experience with anything similar? I've heard the saying that BWC tries to starve you out and that is exactly what is happening.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,056

    Default Re: Considered MMI then Wrote Back Off Work

    MMI is relevant to your medical status only, it doesn't mean your case is closed - You are still eligible for maintenance care or further treatments if needed to improve your condition.

    If no settlement has been done, your claim is still open - they are responsible for medical until you settle or have a 100% recovery.
    It's not the BWC that's giving you problems, it's the employer and IC that's playing games (as usual)
    You should prevail based on the above set of facts - You'll be fine, don't sweat it.

    We have an attorney who contributes to the Ohio forum, hopefully she'll weigh in and expound or correct my responses as needed.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Mar 2019
    Posts
    5

    Default Re: Considered MMI then Wrote Back Off Work

    Thanks Tony. I just wish it didn't have to be drawn out like this, I am thankful to be receiving the OPERS Disability but of course that is no where close to my wage or the TTD. It just seems like such an easy case because I was with 3 other employees, 2 of us were hit and taken by squad and placed in the Trauma Unit. After 4 months of Meds and PT, I attempted to return but couldn't do it. The 1st MRI was completed 3 weeks after the injury and the Ortho One Doc said I should do conservative treatment first but if that doesn't work I would be a candidate for Epidurals and possibly surgery, and that is exactly where it took me. Each day was a different task and it just got worse and worse that my doctor wrote me off for more PT and Injections. 3 Epidurals, 3 Medial Branch blocks, numerous pain meds to the surgery. This will be heard in Franklin Co and they are a year out on hearing dates.

Similar Threads

  1. Replies: 0
    Last Post: 10-17-2016, 07:24 PM
  2. Replies: 9
    Last Post: 11-02-2015, 06:23 AM
  3. Replies: 1
    Last Post: 11-03-2014, 10:55 PM
  4. When is Work Comp Benefit Check Considered Late
    By precious1937 in forum Florida
    Replies: 3
    Last Post: 09-25-2010, 06:02 AM
  5. 2nd Back Surgery Considered 'New Injury'?
    By GBGB in forum New Jersey
    Replies: 1
    Last Post: 04-02-2009, 10:41 AM

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