San Antonio, TX asked in Workers' Compensation for Texas

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

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1 Lawyer Answer
S. Michael Graham
PREMIUM
Answered

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.

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