impairment rating

[07streetbob]

I injured my back in May and have not worked since. My employer has nothing that allows me to work within the the restrictions the Doctors have put me on. My doctor recommened an ESI back in july but wc insurance co denied the treatment. I have since seen 3 other doctors and all have said I need the ESI, first line of conservative treatment. WC insurance co denied all requests. In October I was sent to for a DDE and was given a 5%impairment rating and was at MMI even tho all medical procedures were denied. My Doctor appealed the denial but that too was denied. I had to have an IRO and they over turned the denial and now I am about to finally have the ESI. I was receiving TIB checks until October then it went to impairment benifit income. The 5% rating gives me 15 weeks of checks and will stop at the end of january. After I have the ESI, may have to have up to 3 of them, will I be sent for another DDE and another impairment rating? The way I see it, I was sent to the DDE premature and should not have given an impairment rating at that time. I should have been still receiving temorary benifit checks and not impairment benifit checks.

[bodybuilder1958]

Hi,

You need to force issues in court. You need to have a judge making decisions. I believe that it will be the only way that you get the treatment that you need to return to work. You can represent yourself, educate yourself as to the laws in your state. But the easiest way is to lawyer up.

Take care,
BB

[1171]

the rules are different for each state. without knowing yours specific information cannot be provided.
generally only one rating.
who was your appeal to?
the carrier, the comp court, the state work comp department?

[kate]

From the terms TIB and impairment benefit, I'm guessing you're in Texas, is that correct?

[07streetbob]

1171 Wrote:the rules are different for each state. without knowing yours specific information cannot be provided.
generally only one rating.
who was your appeal to?
the carrier, the comp court, the state work comp department?

My appeal was to the insurance carrier. I am in Texas

[07streetbob]

kate Wrote:From the terms TIB and impairment benefit, I'm guessing you're in Texas, is that correct?

Yes, that is correct.

[1171]

the process to resolve a dispute with your carrier/employer is to first contact the office of injured employee counsel for help in filing an appeal with the comp court.
more info about them is here
http://www.oiec.state.tx.us/


for information in general about handling disputes under Texas work comp laws go here
http://www.tdi.state.tx.us/pubs/factshee...pute10.pdf