Charlotte, NC asked in Workers' Compensation for South Carolina

Q: I had my mmi August and it’s December and I just got my mmi rating from lawyer which I didn’t like the doctor said I

Needed surgery to remove pins but pins was already removed. Can I still get a second mmi rating. I feel like my wrist is injured more then 14% I barely have motion in wrist and I can’t lift over 10 pounds without hand shaking . And the workers comp doctor put me at a full restriction

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2 Lawyer Answers

Ilene Stacey King

Answered
  • Workers' Compensation Lawyer
  • COLUMBIA, SC
  • Licensed in South Carolina

A: Talk to your lawyer about whether a second rating opinion would be worthwhile. There are several considerations. The insurance company will not pay for another rating. Your lawyer would have to send you for another rating which can be very expensive and, ultimately, the cost would be yours. You'd either pay up front or the cost would come out of your settlement. Your lawyer may feel that this is a reasonable rating for your injury based on your lawyer's experience and expertise. Clients often feel that their ratings are too low, but the rating may very well be in line with the AMA Guides to the Evaluation of Permanent Impairment - the book that doctors use and that the SC Workers' Compensation Commission goes by for ratings. The Commission often gives greater weight to the opinion of the authorized treating physician, so a second rating opinion doesn't always help. Also, keep in mind that awards and settlements are based on "disability" rather than just the rating. Impairment is strictly medical while disability is based on other factors and is a legal concept. Disability is almost always greater (higher) than the impairment. Your lawyer can explain this to you in more detail. It is not uncommon to need a second opinion for a rating but your best source of advice on pursuing this is your lawyer who has the greatest knowledge of the facts of your particular case.

Alton Lamar Martin Jr agrees with this answer

Alton Lamar Martin Jr

Answered
  • Workers' Compensation Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: Sorry to hear about your injury. It sounds as if you may already have a lawyer. If that is the case, I would recommend asking them as they will know the most about your claim and you are paying them to help you. To answer your question, yes you can obtain a second opinion rating, but there are several issues that can affect whether you want to do that. I would recommend letting your lawyer know you are unsatisfied with the rating and would like a second opinion. Your lawyer should be able to explain the related issues and help you find a second opinion doctor if you decide that is what you want. Hope this info is helpful.

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