Houston, TX asked in Workers' Compensation for Texas

Q: I just had my mmi and ir. I refused surgery, so the Dr said he would use my last measurements, is this backdating?

Will this hurt my chances of getting compensated? He said my hand and shoulder hasn't gotten better. I had surgery on my hand a year ago and it didn't go well...my reasoning for not wanting surgery on my shoulder. So he said he would probably use the same measurements from the previous mmi.

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1 Lawyer Answer
S. Michael Graham
PREMIUM
Answered

A: I would think the doctor would take new measurements unless you are past your statutory MMI date. You are not required to have surgery. That is a personal decision. If you do not receive additional treatment, then the doctor will often use a date occurring before your visit with the doctor (back dating). Back dating is allowed in workers' compensation. The issue would be when no more medical treatment would produce any further material recovery (MMI).

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