What are the laws concerning an MMI extension?

[planetboxer]

From Texas here..
I was recently told by an Ombudsman's asst. that I could possibly have my stat. MMI date extended(I'll be @ stat. MMI first week of August/'10) if I were about to have an additional surgery, which I am seeing a surgeon to discuss that 7/19. Apparently it is not a fact that the IC wants to make known to the IW. I've been told that if I wish to apply for an extension, I must make such application prior to the 12 week period before reaching stat. MMI. I can't find anywhere on tdi website that it talks about it. I was later told that I can apply anytime w/in the 12 week period before stat. MMI. So two different opinions of how the law reads and is interpreted and a law that I can not even find.

I've several ruptured discs from L3 all the way down to S1 with severe degenerative disease, loss of disc height, narrowing of canal and have had one surgery that was extremely conservative(discectomy) because I've just heard and red and researched that lumbar surgeries, even conservative ones, statistically, leave one worse off then when they started. 2 discs that were worked on re-ruptured 4 weeks later from a severe coughing fit.

Now, I'm resigned to if I do nothing, I'll only get worse. A surgery gives me a 50/50 chance to get better. The thought is to have a multi-level fusion beginning at L4-L5.

Injured 7/30/08-haven't been able to work or do much else consistently for any period of time including walk, stand, sit, even lie down and sleep comfortably. I started out on conservative treatments before an MMI with hydrocodone and some PT that ended up hurting me worse. One surgery and nearly one year later, 16 weeks of PT, and taking a regimen of lorazepam, oxycontin, tramadol, amitriptilyne, and lyrica and sometimes even all that does nothing more than constipate me.

WC sucks! Fortunately my adjuster has been pretty decent and has, to a degree, really pushed some stuff through that otherwise may not have been done. Trying to remain hopeful, but trying to prepare for the worst as well.

Anyone know of a system worse than WC??
Try SSA.
Heck, how about that system where you get to illegally sneak across our international border, spit a baby, and get SSI payments, food stamps, and free education, rent, and utilities?

I proudly support Arizona and SB1070!!

Texas Next-and quickly at that!

[AQA]

If memory serves me. You will need to have a surgery scheduled near the two DOI to get an extention.

[planetboxer]

AQA Wrote:If memory serves me. You will need to have a surgery scheduled near the two DOI to get an extention.

Just curious-Has you stimulator helped? That was going to be an option for me, but my Dr. said it was very negligible as to the amount of benefit I'd receive from it in my condition. So it was nixed. Just curious.

Not understanding your reply-" ... two DOI..." Not sure what you meant there. Maybe surgery schedule near the 12 week period preceding my stat. MMI? Please clarify.

Thanks!

[AQA]

Please excuse the typo. It should have read "two years from DOI".

The nerve damage that I have effects the feeling in the left leg and foot as well as the use of the left calf muscel. I use the SCS 24/07. It will probably be replace in 2012.

PS. I really do not have time this morning. I will check back after school and see if a website I am thinking about has been posted. If not, I will see if I can find it and post it.

[planetboxer]

AQA Wrote:Please excuse the typo. It should have read "two years from DOI".

The nerve damage that I have effects the feeling in the left leg and foot as well as the use of the left calf muscel. I use the SCS 24/07. It will probably be replace in 2012.

PS. I really do not have time this morning. I will check back after school and see if a website I am thinking about has been posted. If not, I will see if I can find it and post it.

Have you received an impairment rating yet? Just curious as to what you got-you and I have some similarities in disability and treatments.

[Bad Boy Bad Boy]

May I ask, who is saying they are going to place you at MMI? If your going to see a surgeon, and that is about surgery, you not close to MMI. And that is why I ask this.

This is most likely what your looking for though;

http://www.tdi.state.tx.us/forms/dwc/dwc57.pdf

[planetboxer]

Bad Boy Bad Boy Wrote:May I ask, who is saying they are going to place you at MMI? If your going to see a surgeon, and that is about surgery, you not close to MMI. And that is why I ask this.

This is most likely what your looking for though;

http://www.tdi.state.tx.us/forms/dwc/dwc57.pdf

I'm at statutory. At statutory are you given mmi regardless- it is law.

[Bad Boy Bad Boy]

Okay, didn't know that.

Did the web link help you any?

[planetboxer]

Bad Boy Bad Boy Wrote:Okay, didn't know that.

Did the web link help you any?

I actually got the info this morning from my appt with office of injured employee counsel. I did not check your link. But I do appreciate the effort. Mmi becomes statutory by state mandate in Texas after 104 weeks. The only exception is if you are granted an extension by the ic that you'd have a surgery approved 12 weeks prior to statutory mmi. I didn't know this until today- I would have had to file my extension back in early may.