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  1. #1
    Join Date
    Apr 2022
    Posts
    2

    Question No Impairment Rating Given but Case Closed

    My workers compensation claim was made in the State of: COLORADO
    I just found out that my Dr. didn't give me an impairment rating for a shoulder strain (or rotator cuff tear on MRI). I reached MMI in January of 2022, but I'm just now getting paperwork that has no rating, but it says no permanent impairment. Interestingly, the notes say I can see the ortho and may need surgery.

    I saw an orthopedic surgeon twice after this, but still covered under WC, for cortisone shots. I do NOT have full range of motion, and still some pain with movement. I'm just trying to figure out if that's typical that no formal Goniometer testing was performed at the end? She did have me raise my arm and such.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,283

    Default Re: No Impairment Rating Given but Case Closed

    I reached MMI in January of 2022
    I just found out that my Dr. didn't give me an impairment rating for a shoulder strain
    Was this your treating physician or the carriers?
    You should have two opinions, the carriers when you had an IME and your own doctor.

    Sounds like you better lawyer up, this doesn't sound right.

    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
    Apr 2022
    Posts
    2

    Default Re: No Impairment Rating Given but Case Closed

    Quote Quoting tony View Post
    Was this your treating physician or the carriers?
    You should have two opinions, the carriers when you had an IME and your own doctor.

    Sounds like you better lawyer up, this doesn't sound right.

    Tony
    This is from the treating Workmans comp doctor. I asked the insurance adjuster if I could get a 2nd opinion (or Impairment rating) and he said no, I can only go back to the initial provider.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,283

    Default Re: No Impairment Rating Given but Case Closed

    I asked the insurance adjuster if I could get a 2nd opinion (or Impairment rating) and he said no,
    He's lying, you have a right to A Division Independent Medical Examination (DIME)
    This is why it's important to retain legal counsel before problems arise.

    Division Independent Medical Examination (DIME)
    A Division Independent Medical Examination (DIME) is required if there is a dispute between the injured worker and the insurance carrier concerning the maximum medical improvement date (MMI) or the impairment rating and the parties wish to bring this dispute before a judge.
    https://cdle.colorado.gov/medical-pr...amination-dime

    Medical Providers
    https://cdle.colorado.gov/dwc/medical-providers

    Colorado Senate Passes Bill to Expand Workers’ Comp Physician Choice
    https://www.lawweekcolorado.com/arti...sician-choice/

    Time to lawyer up to protect your rights.

    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
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,826

    Default Re: No Impairment Rating Given but Case Closed

    Never, ever, rely on "legal advice" from the adjuster. The adjuster is your adversary in a case.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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