Peeved at the lawyer Part II

[bodybuilder1958]

Okay, talked to my lawyer. Now it's up to all of you to help me understand better so I can explain it to my husband.

In Aug 09 my WC doc took me off restrictions. Told me I was at MMI. Oct. 09, same doctor put me back on restrictions, said he wanted to see me in 6 months. Dec. 09, went to court asking for TTD and further medical treatment. Two weeks after that my doctor said I was at MMI.

All this time I thought we were waiting for a ruling for medical treatment and TTD. But apparently my lawyer stopped all of that in January when he agreed to send me for an IME. (He didn't tell me any of that) Talked to my lawyer today and now I'm even more confused.

According to him once my WC doctor said I was MMI the TTD and request for further medical treatment was stopped.

Who is correct here?

BB

[Bummer Knees]

He is correct.

In Kansas once you are at MMI medical treatment and TTD stops.

I didn't realize you were placed at MMI 2 weeks after court.

I would expect with the IME report and new MRI the attorney will file for a hearing to present additional medical evidence to show you are not at MMI and to restart the TTD.

[bodybuilder1958]

Okay this gets better.

June 09, WC doc lifts restrictions says I'm at MMI.
Oct 09, same doc puts me back on restrictions, my lawyer told me to apply to Wesley for a job to see if they would accommodate me. (no surprise when they didn't) So that's why I went to court in December 09, to get TTD.

The WC doc hadn't lifted the MMI from June but I had restrictions. Still can't get TTD under those circumstances, I get that. So why did we go back to court?

[inpainokla]

were you undergoing any kind of treatment during these time periods??..if not then like you said sounds like he has you at mmi with restrictions which means no ttd..me i havent been to work in nearly 17 months and im receiving ttd and i have restrictions but am still receiving treatmentlawyer says as long as im being treated and not at mmi ill still receive ttd.

[Bad Boy Bad Boy]

Temporary total disability exists when the employee, on account
of the injury, has been rendered completely and temporarily incapable of engaging in any type of substantial and gainful employment. A release issued by a health care provider with temporary medical limitations for an employee may or may not be determinative of the employee’s actual ability to be engaged in any type of substantial and gainful employment, except that temporary total disability compensation shall not be awarded unless the opinion of the authorized treating health care provider is shown to be based on an assessment of the employee’s actual job duties with the employer, with or without accommodation.

If a party or a party’s attorney believes that the administrative
law judge to whom a case is assigned cannot afford that party a fair hearing
in the case, the party or attorney may file a motion for change of admin-
istrative law judge. A party or a party’s attorney shall not file more than
one motion for change of administrative law judge in a case.

http://www.dol.ks.gov/wc/html/lawsRegs07...20-08).pdf

[bodybuilder1958]

Bad boy I', sending you a pm, let's see if you can help me understand this mess. IT's the emails between me and my lawyer today
Bottom to top is the exchange between me and my lawyer. He's left me very, very confused.

[Bad Boy Bad Boy]

From what I have read, it would be like this.

Even though lets say your at MMI, have work restrictions, but, if employer can not accomadate you working under such restrictions, meaning you can't work then, and even though you applied for work, and they wont let you work because of restrictions, then yes, your entittled to TTD checks.

But if MMI and allowed to work with or without restrictions, then you do not get any TTD checks.

This is what your attorney said in those E-mails.

See your PM also.