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1171 · (This post was last modified: 09-09-2008 05:51 PM by 1171.)

try to get a work comp specialist
http://www.montanabar.org/displaycommon....iclenbr=19

I think if you return it with a note that you object to the rating (keep a copy)
that should preserve any rights.
you can't stop them from paying whatever they want but that should not mean the issue is decided or accepted.

Bad Boy Bad Boy · 09-09-2008, 05:52 PM

You want a Work Comp Attorney not a labor Attorney.

Why not call the Board back, and ask on how do you Dispute the MMI then, if the person isn't there, for does the place shut down, because 1 person isn't there. God for-bid if one of them die....

bagpussinamerica · 09-09-2008, 06:34 PM

Thank you for that. I just checked them and their office is closed after 3:30 PM, so I will have to call them tomorrow.

I just got a call from an attorney who talked to me for a bit about this situation. He advised me to wait to see the surgeon, see if he rescends his MMI decision, and then get re rated. The surgeon has clearly stated in the notes that I have a greater disability than the standard situation and he may be able to secure a higher rating with the MMI doctor. However the attorney did say that Montana constantly tries to get the lower rating in all cases, so it may not help me at all. He does not do wc cases for this very reason. He said that he has heard of no one getting a rating of above 12%. He also said that to get an attorney would cost me about $1500 to work with me on the case. Obviously taking a part of the settlement. BUT...I would be willing to do that if I could get the rating a bit higher in order to secure the vocational rehab so that I could earn more and put money aside if I injure myself again...or, as I suspect will happen, leave me out of work later because arthritis settles in that area. I am 54 and I don't have much time to ensure my future is safeguarded. I need the vocational rehab so that I can train in situations that fit in America, since all of my training is in the UK. I can't even use a telephone system here because of the differences!!!!! I hope that this doesn't sound like I am trying to use the system....I am only trying to make sure I am treated fairly because of the injury. And from what I heard this attorney say, the odds are way stacked against me.

1171 · (This post was last modified: 09-09-2008 07:13 PM by 1171.)

of course not.
there is a big difference between abuse and fair use (unless of course you are a republican.)
did you think of working with vocational rehabilitation outside of workers comp?
check out what they can do for you if your rating remains unchanged
http://www.dphhs.mt.gov/dsd/vrs/index.shtml

rural and less populated areas have fewer choices and will always remain difficult places in which to change jobs, so you may have to consider relocating for awhile.

bagpussinamerica · 09-09-2008, 07:15 PM

I didn't know that you could. I was told I could only use vocational rehab is I was rated at at least 15% disabled. The attorney that I spoke to said that Montana is very good at keeping injured workers from getting their needs met. I had thought about using the settlement, but that only comes to $9500 and if I want a lump sum they will reduce that by 4%. Another way to keep costs down I guess. In any case I need to work if they stop temp benifits anyhow...and by working I agree to their decision and compromise my own situation. And $9000 wont go far for re training.It is a win win situation for wc.

I did have a candidate for a house rep come by a few months ago who was very interested in w/c issues. Perhaps I should contact him. He was keen on doing something about w/c situations that continuesly work against the injured worker. And he is a democrate!

bagpussinamerica · 09-10-2008, 12:14 AM

I have spent a few hours doing some research online and it appears that an injured workers treating physician can give the MMI rating. And from day one my surgeon has been my own treating physician and he has maintained throughout that my disabitliy is greater than the standard discectomy. So I am thinking that perhaps what needs to be done is have him rescind the MMI........which he may do anyhow because of the recent problems...and then possibly post his own rating along the guidelines of the AMA. I will have to see about this.

sparkey · 09-10-2008, 04:10 AM

My treating physician was AMA guideline qualified and a darn good one at that. Very detailed and tested me for over 1 1/2 hours. Ended up giving me a 32%. Well of course the IC is not going to agree with that. This doctor also put me at MMI and was a OCC med. doctor. Treated me for many months and totally understood my pain.

The IC turned around and had me go to THEIR doctor whom they pay big money to find differences in what your rating doctor puts on paper to LOWER your rating. When I went to my hearing ( labor board made the IC lawyer request one) which they said they never had to do before.

In the end, the labor board found the IC doctor more credible that only saw me 10 mins and was a sport med. surgeon. He had nowhere on his resume that he EVER did any AMA guideline testing. And he won. This goes to show you that the Labor board is NOT always for the patient. I also had my PM doctor and the doctor that preformed the testing write a letter to bring to the labor board and STILL the labor board found this other unqualified doctor more credible.

Do not think that just because your doctor knows you and rates you high, that you will win. The IC is very sneaky and will pay their doctor big bucks to say anything to lower your ratings. I learned from experience and think that needs to change for the injured worker!!!!!

bagpussinamerica · 09-10-2008, 01:38 PM

Yes, I know. I have been reading cases that contest rating etc, and hardley ever does the client win. One girl wasn't signed off to return to work though with restrictions. But they didn't give her a rating. A few years later she lost her job because she was unable to work within the restrictions. They took it back and discovered that she should have had a 5% rating....but it didn't count anymore since it was too late. Of course, this is in Montana.

But having said all of that there is a case that I came across where the surgeon's rating was accepted over the MMI doctors rating since it was more credible. And again that was in Montana.

My major concern now is that however this turn out I may have a less chance of getting a job because of these recurrent episodes. It is stated in the rating that I have restrictions, and will always have recurrent episodes of flareups. That being the case, who is going to want to hire me expecting me to go off my pegs every so many weeks. Surely that in itself is a disability that will cause loss of wages. Before the accident I was working up to 60 hours a week, that will never be the case again. I just won't be able to sustain that level of work.

You know, we really should find someone on here who should be running for office!