Q: I’ve reached MMI my doctor released me with the restriction of sedentary work. I just got IR of 8% is that low ?
I fell down a ladder at work,long story short my doctors encounter all this with my knee.
Derangement of Knee
Deficiency of Anterior Cruciate Ligament
Current Tear of Medial Cartilage
Patellar Tendonitis
Knee Joint Effusion
Tear of Medial Meniscus of Knee
Tear of Lateral Meniscus of Knee
Knee Stiff
Encounter Abnormal Gait
In 2yrs I’ve had 4 surgeries (one meniscus transplant)I’ve reached MMI the doctor told me to stop running and avoid any high impact on my knee and also stop driving(I’m a truck driver).He released me with sedentary work only. We also talked about retraining For another job. I’ve gained 80 pounds, suffered from depression, developed sleep apnea (usingmyowninsurance) the main thing I won’t be able to go back to work. My knee still gets swollen and bothers me but that’s as good as it’s gonna get. I’m only 25 yrs old and the fact I’m gonna live with so many restrictions feels like the IR is very low. Thanks in advance
A: The rating seems about right for the injuries that you sustained. You do have the right to get a post designated doctor impairment rating. You can see if the post DD rating comes out to be the same. If there is a substantial difference, you might want to challenge the first rating you received. You have 90 days to dispute the rating from the first time you received verified receipt of the DWC 69. You must file your dispute (DWC-45) with the DWC. You must also contact the Carrier to see if they will agree to your new rating or if they stand by the 8% first. This gets a little complicated to make sure it is done right so you I would advise you to contact a lawyer familiar with workers' compensation. Good Luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.