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My brother was injured in 1995 and has undergone every exam, test, surgery in the book. He has had 5 spinal fusions and has failed back syndrome along with 7 or 8 other diagnoses. (TX)
He recently underwent a CCH for extent of injury to which the IC agreed to all of the above but not before his adjuster, acting on her own, deactivated his claim and he was without any coverage for medication and/or treatment. Dealing with this adjust issue separately.
I am wondering if the CCH decision is final? This was done back in Aug and the 15 day appeal period has well exhausted. However, my bro just received a letter in the mail that the IC is filing for a BRC for extent of injury. IS THIS EVEN POSSIBLE?? This has already been determined and agreed on during the CCH by the IC and their attorney.
Any info you might be able to provide would be GREATLY appreciated.
Tired of fighting the IC in TX, help.
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10-25-2013, 12:19 AM
(This post was last modified: 10-25-2013, 12:25 AM by 1171.)
with such a complex medical condition and ongoing litigation it would benefit your brother to have representation by an experienced work comp atty.
while it's unusual to request a BRC after a CCH there are exceptions and it depends on the issues and caselaw.
a BRC cannot overturn a final CCH decision.
there should have been a written decision issued by the HO as to what was agreed to and what was decided.
in general a decision is final if there was no appeal within the time limits.
more information here
http://www.tdi.texas.gov/wc/employee/dispute.html#cch
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Thank you so much for your response. Everything I had read on the DWC and OEIC websites basically said the CCH was final if not appealed. I was just wondering if anyone had any experience where the IC could start the process all over again. Seems like it could just be a vicious loop if they were allowed to continue to request another decision on the extent of injury AGAIN. Seems like there would almost be a "double indemnity" clause of sorts that once a decision is made it is final if not appealed within the allotted time frame.
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10-25-2013, 01:14 PM
(This post was last modified: 10-25-2013, 03:50 PM by 1171.)
issues arising after a CCH could require a BRC.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
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(10-24-2013, 11:03 PM)pjohnson49 Wrote: My brother was injured in 1995 and has undergone every exam, test, surgery in the book. He has had 5 spinal fusions and has failed back syndrome along with 7 or 8 other diagnoses. (TX)
He recently underwent a CCH for extent of injury to which the IC agreed to all of the above but not before his adjuster, acting on her own, deactivated his claim and he was without any coverage for medication and/or treatment. Dealing with this adjust issue separately.
I am wondering if the CCH decision is final? This was done back in Aug and the 15 day appeal period has well exhausted. However, my bro just received a letter in the mail that the IC is filing for a BRC for extent of injury. IS THIS EVEN POSSIBLE?? This has already been determined and agreed on during the CCH by the IC and their attorney.
Any info you might be able to provide would be GREATLY appreciated.
Tired of fighting the IC in TX, help.
Your brother can have his case reopened. There are plenty of outcomes recorded for each state. Unless your brother hasn't told you everything. Interview a few attorney's in your area for more solid information. Dr AJ Bendal in Houston is the only surgeon I know, but he did an outstanding job for my cervical C5-C6 and at that time I had lumbar pain not cervical, but after my cervical fusion all the lumbar pain and symptoms were gone.
