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Where is this going?
#1
Hi, have not posted for awhile but have been keeping up with reading on the site. I had an FCE a little over a month ago and was told that I might want to look into seeing a hand specialist and having another EMG done as I am continuing to have problems after bilateral carpal tunnel releases. It is suspected that there is still some neurological entrapment present. My FCE results state that I have 1/3 use of my hands bilaterally. I had another IME performed recently and that dr. is stating that I cannot return to my job but I can return to a job where no repetitve gripping or hand tool, power tool use is present. This dr. says that I am at MMI but my condition is now permanent...no longer temporary and has given me a disability rating.

First off, I had no idea that I would be recieving a disability rating...I was told this was an exam to see how I was progressing after my surgeries. It seems that the dr. that did my surgeries is dragging his feet on what to do with me at this point. He sent me back to my employer with a return to work slip with restrictions as per the FCE results. There is no light duty work available with my employer. Now their rep is requesting a hearing to stop TTD because of the IME report. I've put a call into my atty. but am still waiting to hear back from them. So, my concerns are I'd like to go see a hand specialist and have the EMG performed but do I have to go thru WC or is this an instance where I can use my insurance? Can my dr. that did my surgeries also do a disability rating on me? I remember reading on here that my treating dr. was the one who would put you at MMI...true or false? What happens if I'm taken off of TTD? Any input is greatly appreciated as no one seems to be telling me anything here on my end? So, I wait yet again.....sigh
Life is what happens to you while you're busy making other plans.
 
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#2
If the treatment is for the work injury then workers comp rules have to be followed and the carrier notified you want a change of doctors.
if your surgeon is willing and able to do a rating then it can be submitted into evidence. your atty should be consulted on that strategy. he may have another doctor in mind.
MMI is not the same as a rating. You have to be at Maximum Medical Improvement before a rating can be done. Any doctor can declare a worker to have reached a treatment plateau (MMI). Not any doctor is trained to do a rating. when TTD ends you are expected to get work within your restrictions. eventually the impairment amount will be determined and paid.
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
The best thing you can do for yourself is get a second medical opinoin as quick as you can, get a full medical write up report. Get a copy of it.

If this Doctor / Surgeon doesn't think your at MMI, and there is still Medical Treatment available for you, you can then Dispute the IME and their MMI report in a Hearing.

You should not delay, for having your medical reports close together with the Insurance Carrires is always better.

Also take a look at this link I'm putting here for you. I made this Thread yesterday, and it's about an older Court Hearing about MMI. In this link, you will also find another web link, to the Court Report, makes for some good reading. Even if the States are different, the format is still the same...

http://www.workerscompensation.com/forum...p?tid=6865
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#4
Bad Boy Bad Boy...thanks for the link. I read the court report and am not sure if it would apply to me.
Truthfully, this is all kinda getting confusing....The FCE people think it's nerve impingement because my hands still hurt and they are still going numb from repetitive hand use ....I also think it's nerve impingement since it's still working it's way up my arm. So, you're suggesting a change in doctors? Don't others doctors kinda frown at taking on other doctors workers' comp claims? I already saw another doctor for this once (and he was approved by WC)and he said it would be near impossible to add another body part to my claim if it was the cause of the impingement. So, when he suggested cortisone shots I tried it....which by the way didn't help and he would probably suggest another shot if I went back to him. To change doctors do I contact WC for one in my area approved by them or do I ask for a referral to a hand specialist from my treating doctor(the dr. that did my surgeries) or my primary care doctor?

1171, you mentioned that once TTD ends I would be expected to find employment within my restrictions...does WC help me with that? The restrictions that are on me will prevent me from doing my line of work ...I have a weight limit of up to 15lbs and no repetitive hand use. What kind of employer is going to have a job for me with those restrictions?!?!
Life is what happens to you while you're busy making other plans.
 
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#5
A couple of things I wanted to add. You mentioned that someone told you that it would be "near impossible to add another body part to my claim if it was the cause of the impingement." I don't know if this is a state thing or not, but all o my problems are due to nerve impingements and I have gone to court to have the judge add both my legs and my right foot, to my claim...and each of those cases were approved. I had Dr's notes from 3 Dr's. who all stated that the body parts were due to impingement, which were secondary to my initial injury.

Also, as for getting a job after TTD, my lawyer said that if they want you to go back to work, it is their job to get you into vocational rehab and help you to find the job (although some case workers can make you do more of their work than they do). But I do know this area is a state by state area. In my state, you actually do not have to go back to work right away. In fact, you continue to get paid until you find a job. Some states stop paying you as soon as you are at MMI. So, you will want you find out your state specific rules for this.
 
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#6
lfoster21, thanks for the reply. I see I have more homework to do while waiting to hear from my atty. I'm with Bad Boy Bad Boy on the 2nd opinion thing...going to see if I can get in to see my Primary Care Dr. and get their take on this situation while I still have insurance. I have the copy of the FCE with their recommendations and the other WC doctor's reports that I saw for this. Hopefully I will get a referral to a specialist. I went back over the IME report again and the dr. states in his opinion I have reached maximum medical improvement and I present a maximum of % wholeperson impairment for the recognized condition. So, if I read it right this time that's not a disability rating, right? The question is asked in the report what percentage of disability exists....
Life is what happens to you while you're busy making other plans.
 
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#7
nauticalgurl1

I am not suggesting changing doctors as of yet. All I am saying is try to get another medical opinion to what might be going on, and a medical report, in case you need to dispute the IME's report, and the IME saying your at MMI, without stating there might still be other medical treatment available to you. And that is what is stated in that web link you read.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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