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  1. #1
    Join Date
    Aug 2020
    Posts
    3

    Default MMI Impairment Date

    MMI doctor visits on 8/11/2020. Information states I reached Clinical MMI on 4/2/2020. I received income benefits during this time. Today I received a letter stating all income benefits (15 weeks) have been paid.

    I disagree with the decision. What steps do I take?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,175

    Default Re: MMI Impairment Date

    Quote Quoting AO2020 View Post
    MMI doctor visits on 8/11/2020. Information states I reached Clinical MMI on 4/2/2020. I received income benefits during this time. Today I received a letter stating all income benefits (15 weeks) have been paid.

    I disagree with the decision. What steps do I take?
    What is your Impairment Rating?
    When you reach MMI your income replacement benefits (TIBs) come to an end and you will be paid according to your Impairment Rating.
    Sounds like they've already paid out your Impairment Income Benefits (IIBs) based on that rating.

    Impairment Income Benefits (IIBs)
    You may get Impairment Income Benefits (IIBs) if you have a work-related injury or illness that affects your body as a whole.
    The amount of IIBs you may be able to get are based on an impairment rating given by a health care provider.
    If you are eligible, you get three weeks of IIBs for each percentage of impairment.
    https://www.tdi.texas.gov/wc/employe...irmentben.html

    Now's the time to lawyer up if you want to challenge your Impairment Rating - If you've only received 15 weeks, that mean you had only a 5% rating which may not be worth pursuing, what type of injury?

    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
    Aug 2020
    Posts
    3

    Default Re: MMI Impairment Date

    It is a back injury. The MMI is 5%. I am still in a lot of pain and do not agree with the 5% rating. Injury took place October 2019

  4. #4
    Join Date
    Oct 1971
    Posts
    5,175

    Default Re: MMI Impairment Date

    I reached Clinical MMI on 4/2/2020.
    I am still in a lot of pain and do not agree with the 5% rating. Injury took place October 2019
    I just checked, you're way past the deadline to appeal, why did you wait until after the rating was paid out to raise this issue?

    MMI in Texas
    03
    Validity and 90-days
    The Labor Codes states, “Except as otherwise provided by this section, an employee’s first valid certification of maximum medical improvement and first valid assignment of an impairment rating is final if the certification or assignment is not disputed before the 91st day after the date written notification of the certification or assignment is provided to the employee and carrier by verifiable means.”
    https://www.avvo.com/legal-guides/ugc/mmi-in-texas

    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
    Aug 2020
    Posts
    3

    Default Re: MMI Impairment Date

    I did not have my exam for the MMI until 8/11. The Doc put on the form that I reached MMI on 4/2. I just received the letter on my MMI impairment last week. I still should be able to appeal due to the dates on the letter. Also my company did not let me work light duty during that time.

  6. #6
    Join Date
    Mar 2009
    Location
    Dallas, TX
    Posts
    93

    Default Re: MMI Impairment Date

    You've got time to file a dispute on this impairment rating. The rule is that you have 90 days to file a dispute from the date you receive a copy of the impairment rating report. The sure-fire way to do this is to request a BRC indicating that you are disputing the impairment rating given that specific doctor.

    Here's a blog that explains exactly how to dispute an impairment rating in Texas: https://www.mlflegal.com/2020/07/dis...-rating-texas/

    For an in depth look at protecting yourself and your benefits during a Texas workers' comp claim, there is a free book for Texas injured workers available here: https://www.mlflegal.com/guide-for-t...kers-download/
    Matt Lewis
    www.mlflegal.com
    972-644-1111

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