Texas Impairment Rating and MMI Questions

[Cypresso]

I was injured on the job on 1/31/2009., in the state of Texas. The resulting injury, torn rotor cuff on right shoulder, required surgery in June. I have just receive a MMI of 10/30/09 and a 8 percent impairment rating. I have not worked since February 11th and receive WC benefits at this time.

The insurance company has refused to consider my headaches that have been steadily gotten worse as this year has gone by. One of the tests showed a herniated disc in the neck, but the doctor I was referred to stated that there was no correction for it. He said the headaches and neck pain would have to be tolerated.

My questions are:

As a skilled manual laborer, I do not have the mobility needed to do the type of work I have been doing or the type I have, in the past been trained for. Is there an option in Texas for retraining?

Is there an option that allows for the pain I am in? I understand the rating system does not include pain for the ratings.

Is the only options available to dispute the rating through TWCC? And if so, is that advisable?

Finally, according to the figures I have read from a study done on the TDI sight, usually the hiring of an attorney does not help you in disputes to the degree of increased rulings or settlements on your behalf. Is that true?

Thanks in advance, and sorry for such a lengthly post.

[sparkey]

Was the impairment rating through WC doctor? If so, I would think you would be intitled to another opinion with the doctor of your choosing which you may have to pay for. Then you would have to dispute it in a hearing. I received a 32% through my doctor and then the IC did one on their own through their doctor and I ended up with a 10% rating through the IC doctor due to them saying their doctor was more credible . Of course cause I did not have a lawyer to represent me so I ended up with the 10% impairment rating settlement award.

As far as not being able to do the work you did before, you may be intitiled to a Voc. Training that the IC would have to pay for. Each state is different , so if you have a lawyer I would check with him/her to see what you are entitled to. I would say about the headaches that you would have to dispute with proof that the headaches are caused by your WC injury. Just like depression is usually disputed as you would have prove depression was caused by your injury.

[Bad Boy Bad Boy]

(((herniated disc in the neck))) I need to know what level said herniated disc in the neck is at if you don't mind. It would be like C3 - C4- C5 - Cr, something like that or like this C3 to C4. Please let me know.

Then you said torn rotor cuff on right shoulder. What was done for this. Surgery, PT, what?

Once we then get passed that, I think we could address the other question or questions...

Do you have an MRI, X-ray, or Cat Scan of the Neck, and the report that went with it. If not, you need to then get copies of all your Films, no matter for shoulder or neck, get them all, and you need the written reports that went with each one also. Get them if you don't have them.

There is or could be a relation to the neck, to the shoulder....

[Cypresso]

Thanks for that information, Sparkey. It was the doctor that the company uses for work related injuries, and all the others I was referred to for various complaints, neck, back and hip were all related to this same clinic.

I am going to have to check into the Voc training unless things drastically improve.

[Cypresso]

I do not have the medical records or copies at this time, Bad Boy. However, I do have the film MRI, but no report. This was the MRI given in respects to the shoulder and the neck. From the rating report, the reporting doctor stated this about the neck, as the results of the MRI reading: A disc protrusion at C5-6 without neural forminal narrowing. The following EMG/NVC, according to this same report, stated: negative for radiculopathy.

The shoulder was operated on in June of this year with approximately 28 visits to P/T.

As stated, I do not have the rest of the films other than the one that I mentioned, and none of the reports. I will have to check into getting them.

[AQA]

http://www.oiec.state.tx.us/ and for retraining http://www.dars.state.tx.us/ they are paying for my schooling.

[Cypresso]

Thanks so much, AQA, for these two links. I have them bookmarked and will be taking a much closer look at both of them.

[Bad Boy Bad Boy]

I haved false readings from EMG/NCV's before. It does all mater on placement of the needles and person performing it, to say radiculopathy or not. On mine it shown none also. I was mis-diag with a torn rotar cuff, I didn't think it was my shoulder, I got a second opinion and it was all found in my neck Cervical spine.

It's my opinion you need that MRI written report, type it here, and lets get a look at what it states.

I hope you see from what I wrote, why I am asking so much of you now.

[Cypresso]

I appreciate you taking the time to explain this much to me. I do have one question, how does one get a copy of the written report? Contact the firm that did the MRI or the one the results were sent to, the specialist asking for the MRI to be done?

[Bad Boy Bad Boy]

You go to where the MRI was taken, explain you have or don't have the films, but don't have the written report. That you will be seeking a second opinion doctor soon, and yet haven't found one, but was informed you need this information. You will sign a release form, and sometimes pay from $0.00 to $25.00 for films and report. Depends on the MRI place.