Q: I was injured on the job 3/29/18 and have been out on WC ever since. Is it time to seek a lawyer?
Since seeing a Designated Doctor assigned by WC, to assess max medical improvement, I received a letter saying he deemed me only 1% permanently disabled. Because of his evaluation, WC is going to stop paying me! I have not been medically released to go back to work, and I have an upcoming appointment with a surgeon to see if surgery would help the injury. I will not be able to return to my job with my arm in its current condition. I have gone to every appointment set for me and adhered to all medical advice, yet there is no major improvement in my arm. I have a torn tendon in my right elbow, which is my prominent arm. The tendon still bleeds into the elbow and it will lock up on me, causing intense pain. I don't want to have to go this route, but I feel as if I have no other alternative.
A: Unfortunately I do believe you need to obtain a consultation with a a wc lawyer to at least make sure you dispute the MMI/IR is you disagree with it. If your doctor is recommending surgery MMI would seem premature. I believe the process for determining MMI has inherent flaws because the DD does not get paid for the MMI examination until he certifies you at MMI. If you are not MMI for another year the DD does not get paid for the exam until you are certified.
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