My Dr saw me 10/29...no changes in my limitations (which my employer cannot yet accomodate). He said he as planning to eval me for Perm disability on 11/20. I dont agree and have set an earlier appt to discuss with him.
Yesterday (11/14) instead of a TD check, I get a huge packet from IC saying my TD is stopped effective 10/29!!!!
A few forms back is a form saying the IC "accept" my Dr. determination of TD. A few more back another form saying adjuster says "too soon" for PD determination...and she doesn't expect to have that before 2/15/2010.
Sooooo....I can't work because of limitations of my back injury....I won't get PD OR TD??? How does THAT work??
I am in California.
Do you have an attorney? The same thing happened to me, but my attorney got it fixed. The i/c reversed the decision and paid me back. But you do need an attorney. I would also contact the dr. who has been supporting you.
If what you are saying is on the square, and your undertanding is correct, you need a WC Attorney.
Most IW's cannot fight a Bear with a BB Gun.
if you can't get the contradictions between the doctor and the adjuster corrected contact the Information & Assistance officer
http://www.dir.ca.gov/dwc/IandA.html
you can also request a Qualified Medical examination
read factsheet on use of the QME
http://www.dir.ca.gov/dwc/iwguides.html
I spoke with IC case manager today. She said MD sent a report stating I have reached "maximum functional capacity". I told her I didnt agree and that I get the feeling MD isn't really listening and she said "well you should have said something before now". Then she said "you need to go back to work...if your employer can't accomodate then find a new job" WTF!?
I do have ST and LT disability through my employer as long as I am employed there but it's not a lot.
I was told by them to file for State disability.I am pretty sure that won't fly.
I can't even believe this.
you can still object and request a QME
You can change physicians within the MPN at any time.
You can request Permanent disability advances.
You can file for unemployment.
if you can't get the contradictions between the doctor and the adjuster corrected contact the Information & Assistance officer
http://www.dir.ca.gov/dwc/IandA.html
you can also request a Qualified Medical examination
read factsheet on use of the QME
http://www.dir.ca.gov/dwc/iwguides.html
I spoke with IC case manager today. She said MD sent a report stating I have reached "maximum functional capacity". I told her I didnt agree and that I get the feeling MD isn't really listening and she said "well you should have said something before now". Then she said "you need to go back to work...if your employer can't accomodate then find a new job" WTF!?
I do have ST and LT disability through my employer as long as I am employed there but it's not a lot.
I was told by them to file for State disability.I am pretty sure that won't fly.
I can't even believe this.
You have been declared MMI. Have you had a FCE?(Functional Capacity Examination)
Generally, the Doctor will tell you are MMI.
What is your injury and what has been done to help you?
Remember, WC is wanting you to be able to work at some level, not necessarily the level you were at before your injury.
You will have to find a Doctor that agrees with you. Get ready for a possible long fight and no income. Do you have Private Insurance?
If you feel you have grounds to fight it, Get a good WC Attorney onboard or at least see a WC Attorney who will tell you if you have a case.
also....MMI does not mean you are all better now. It only means that you are as good as you're going to get, and that all medical means to improve your injury (surgery, medicines, PT, etc) has been exhausted, to get you any better, than you are right now.
Lilly
also....MMI does not mean you are all better now. It only means that you are as good as you're going to get, and that all medical means to improve your injury (surgery, medicines, PT, etc) has been exhausted, to get you any better, than you are right now.
Lilly
This is true but it could also mean you are ready to go into the work force BUT at a different skill. WC will work to get you job ready and it might require starting over.
If one is disabled permanently, that is different.
WC is a shrewd system especially to one who thinks they will get paid until they have found a job. Not the case with WC. Eventually after MMI, Your pay is cut.
If you dispute being put at MMI, you need to request a QME. You should consult with some workers comp attorneys about your problems and tell them you have requested a QME. Most attorneys won't want to take your case until you have a QME report, but may be able to advise you what to do about work and your doctor.