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Knee Reconstruction after Tibial Plateau Fracture (Shattered)
#1
Hi everybody! I wish I had found this site back when this nightmare first started. I'm in Texas and broke my knee at work back in November. I had surgery in December (have a plate screws and cadaver parts inside now). My leg looked very crooked but the ortho attributed that to the severity of my muscle atrophy. In January I was supposed to start Physical Therapy to work on extension and range of motion but WC Insurance company kept denying the PT. I didnt get to start PT until March which caused me to have a 2nd surgery (manipulation) at the end of march. I continued PT until June when WC Insurance said they would not approve anymore PT and sent me back to work. I had my MMI/IR visit last week and am waiting on the report. I have gotten an attorney involved as I know this is a tricky portion of this nightmare. They gave me some great info and will wait until the report arrives before advising further.

Anything I should know? Anybody else in Texas have anything like this happen? Its a pretty serious injury and not sure if my new limp will ever go away. The MMI dr also confirmed that my leg is crooked and that its not due to the muscle atrophy.

Oh i forgot to mention that there was some MCL repair done as well but its not included on the DWC032. Should it be listed as well?
 
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#2
becoming a knowledgeable client can make the process easier.
your atty is not there to train you or be your help desk.
an experienced comp atty should keep you informed of the critical events but generally they will want to take charge of the settlement process and any dispute resolutions.
learning about the system; about what can and cannot be expected is important to reduce frustration and surprises.
workers compensation is not civil liability and it's not about fault--yours or the employers.
it's about the specific benefits prescribed by law --neither more nor less.
comp is highly regulated and written guidelines about the process is usually available from the TDI.
all your disabilities from the injury should be addressed in a comprehensive IR report and rating whether it was specifically mentioned in the request form or not.
make sure to include all your complaints in your history to the doctor.

until you have a need for specific information, you can start learning here:
http://www.tdi.texas.gov/wc/employee/benefits.html
and here:
http://www.tdi.texas.gov/wc/employee/index.html

here is more in depth information on the Impairment rating process:
http://www.tdi.texas.gov/wc/dd/index.html
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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#3
(08-03-2018, 06:34 PM)1171 Wrote: becoming a knowledgeable client can make the process easier.
your atty is not there to train you or be your help desk.
an experienced comp atty should keep you informed of the critical events but generally they will want to take charge of the settlement process and any dispute resolutions.
learning about the system; about what can and cannot be expected is important to reduce frustration and surprises.
workers compensation is not civil liability and it's not about fault--yours or the employers.
it's about the specific benefits prescribed by law --neither more nor less.
comp is highly regulated and written guidelines about the process is usually available from the TDI.
all your disabilities from the injury should be addressed in a comprehensive IR report and rating whether it was specifically mentioned in the request form or not.
make sure to include all your complaints in your history to the doctor.

until you have a need for specific information, you can start learning here:
http://www.tdi.texas.gov/wc/employee/benefits.html
and here:
http://www.tdi.texas.gov/wc/employee/index.html

here is more in depth information on the Impairment rating process:
http://www.tdi.texas.gov/wc/dd/index.html

Thanks for those links! I must have viewed an old cached version because these have a different maximum amount for award.
 
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#4
The state AWW changes yearly. Yours will be based on the injury date:
http://www.tdi.texas.gov/wc/employee/maxminbens.html
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.
 
Reply
#5
glad the information was helpful.
thanks for posting.
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.
 
Reply
#6
Quick update. I still have not received the designated doctor report but I logged into my workers comp insurance portal yesterday and saw a check that had been cut for back pay and it says PPD Impairment income. Will give them a call when they open to receive the findings.
 
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