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Extent of Injury question - Printable Version

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Extent of Injury question - salvador5266 - 03-09-2016

I'm in Texas

I was sent for MMI & IR exam on my case, I thought the insurance company was going to request "Extent of Injury" exam also because I started having problems with my shoulders about a month after my initial back injury, however they did not.  I am satisfied with the IR that I received for my back but not that they have done nothing to treat the problem with my shoulders.  Can I except the IR for my back and still request on my own an extent of injury exam for my shoulders?

Also the insurance company says if I take a lump sum payment of my IIBs I will not be able to try to get my IR changed in the future. Does that just mean I will no longer be able to contest this exam? Or does that mean the IR would never go up even if I got injured again?


RE: Extent of Injury question - 1171 - 03-09-2016

yes, you can request an exam for your shoulders. the carrier is not required to provide one.
you can obtain at your expense a medical opinion on your shoulders.

are referring to a c-25 agreement?

you cannot settle benefits for a future injury; you would be entitled to file a new claim if you have a new work injury even if it was to the same part of the body.
if a c-25 dispute resolution is approved you can not later dispute the IIBs for this injury.
for workers comp purposes an injury is an event or condition NOT a body part.
therefore if you resolve the IIB dispute by c-25 you cannot receive additional IIBs for any other body part that may become disabled from your current injury/claim.

here is the c-25 form:
http://www.tdi.texas.gov/forms/dwc/dwc25.pdf

you can obtain legal representation at any time or contact the OIEC for specific help
http://www.oiec.texas.gov/