Asked in Workers' Compensation for Texas

Q: Can a Designated Dr put me at MMI with IR without me been present & PTP acceptance of the IR and MMI date of his repo

My first DDE was on 12/20/2106 @ that visist the Dr had me at NOT reached MMI with a possible statuary date.

The second DDE was on 3/20/2018 he certified me with MMI / IR on that date , with retrospective date of 6/13/2017 is that possible ? My PTP never certified , signed any MMI /IR for those dates . My the Insuramce Co is claiming they overpaid me?

Note that my PTP had never had my certified at MMI with IR . He is as perplexed as Im .

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2 Lawyer Answers
S. Michael Graham
PREMIUM
S. Michael Graham
Answered
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The DD must see you and do a physical examination to place you at MMI. However, as long as he does see you, the DD is free to back date the date of MMI. He doesn't actually have to see you on the back dated, date. The doctor doesn't need to have permission from anyone else to do this rating. You have to fight the rating with an alternate rating from another doctor.

Roy Lee Warren agrees with this answer

Roy Lee Warren
Roy Lee Warren
Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: I agree with Stephen, but if you had 2 DD exams I hope they were by the same DD because DWC is required to appoint the same DD unless there is a reason.

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