Wrong ratings, etc.

[bethsha211]

I will try to make this brief. I was injured on 8/8/2009. On 8/19/2010 I had a hook of hamate removed from my right hand. I had an impairment rating in 3/2011 in which the DD said that I was MMI on 10/21/2010 and an impairment rating of 4%.

I asked for a conference, because my doctor stated that I was MMI on March 4,2010 in a letter to the ombudsman and the DD made several errors in his calculations of the AMA ratings.

Before the conference, I was asked by the ombudsman to call my doctor for a doctor that he uses for impairment ratings since he disagreed with MMI date, but doesn't do ratings.

I went to another doctor for this. He was 45 minutes late, rushed in the door and talking so fast that I could hardly understand him. He wiggled my wrist and asked how it was. I looked at him and wondered what he was doing. He said" You are hear for IR for 2006 injury?" I said no, 2008 injury. He got freaked and said that they had changed systems. He looked at my palm and asked how it was? I told him I had pain and numbness in fingers. He ran out of the room and came back to give me a two point discrimination test, wrote 3/5 on a sheet of paper and said that was it and he would look at what the DD had to say. He walked out of the room.

I immediately called the ombudsman and told her that I didn't get a fair rating, because he didn't test me for anything but a two point test and that he had the wrong records.



I wasn't worried about it at the time.

The hearing officer saw the mistakes on the IR from the DD and also saw reports stating I wasn't MMI at 10/2010 from my doctor and Physical therapist. She asked for a letter of clarification.

The letter of clarification from DD had so many mistakes in it that the ombudsman said that his report would be thrown out, but they would want to use the doctor I used for second one and he didn't use any gauges at all, but he seem to come up with degrees for flexion,extension,etc. and he never wrote anything like that down, just the 3/5 for two point test.

I called him and left message saying I would like another IR since he had wrong info,etc. last time. Of course, he hasn't responded.

So, I am left with two DD's who can't seem to do there job properly and I will be left with nothing.

The ombudsman said that I have to use one or the other and I don't think it is fair to use them, plus I will come out with nothing either way.

Any suggestions? I am in Texas and I am going to go to check my records to see what was written down by the second doctor for my visit to him ,since I only saw him write down the 3/5. Also, he got paid for doing nothing and I get nothing because of a poor rating from him though he didn't test me. Can I sue him privately for this?


I could pay for another IR out of my pocket, but the judge might not even accept it and don't have the money for it.
Thanks for listening.

[AQA]

When ever an impairment rating is challeged. You are stuck with the result. If not, then IW's would consistantly challenge ratings until they got something they liked.

[bethsha211]

I have my second hearing coming up. The impairment rating I received was wrong, because it didn't go by the AMA. Their wre two mistakes on the ulnar deviation and on the extension, but DD didn't answer why they were wrong in the letter of clarification. The other doctor just didn't test me at all. I may not get anything, but it won't be for not trying. Since the DD is the one that the court leans towards and it states that in Texas, I am going to ask for another reading from DD since he coudn't clear things up in letter. I figure it's worth a try. I have nothing to lose at this point.

[bethsha211]

I have my second hearing coming up. The impairment rating I received was wrong, because it didn't go by the AMA. Their wre two mistakes on the ulnar deviation and on the extension, but DD didn't answer why they were wrong in the letter of clarification. The other doctor just didn't test me at all. I may not get anything, but it won't be for not trying. Since the DD is the one that the court leans towards and it states that in Texas, I am going to ask for another reading from DD since he coudn't clear things up in letter. I figure it's worth a try. I have nothing to lose at this point.