MMI Examination Rating Question/Appeal Hearing

[Netta]

Reside in Ohio

I am in my 50's. I broke my R-Foot Jul 08 sustaining a Jones Fracture, 5th metatarsal at work. I sprained my L-Foot, from overuse after wearing the air cast boot for 5 month. The R Foot had only healed to 40%. My doctor removed me from work so I could heal, I was out of work from 12/08 to 1/09. The broken foot had healed to 90%, so I was able to go back to work. I lost my job and now I am on unemployment.

I had a IC hearing in April and another one in June. The June hearing I was granted/allowed the R foot claim and the overuse of L foot claim from the District Hearing Officer. The company attorney appealed both claims. He was denied his appeal for the R-Foot claim to be heard again, however the company attorney was granted his appeal for the L-Foot claim. Next week is the 1st week in August, and here we go again.

On Monday, June 27 I had my MMI Examination to determine my impairment for both feet. I spoke to my attorney today regarding the results. I was told that the wc doctor results did not go in my favor. My attorney said she was not too worried about it. Well I am worried.

My doctor is a Foot and Ankle Orthopaedic Sports Medicine Surgeon MD (my first WC examine was in agreement with my doctor).

The doctor that I saw to determine my impairment was located in a Chiropractic Office, and he is a Osteopatic DO, Family Physician.

I asked my attorney why was I examined by a Chiropractic for a foot injury? She said that was good question, she is going to research the doctor.

My question is, can anyone tell me what the difference is between my doctor the Orthopaedic Sports Medicine Surgeon MD and a Osteopatic DO? and how is his diagnois going to effect my doctors diagnois? What can I expect to happen at this next hearing?

Finally, to make matters worse, my attorney is NOT going to be at the hearing. One of the partners is going re-present my case. I don't know him, and have never met him. My attorney is going to be out of town, and did not want to ask for a continuance.

I am in the fight of my life.

[Cycler]

A DO is a fully licensed physician with the same breadth and depth of training as an MD and there is no longer any real distinction in the USA between the two. Once upon a time, generations ago, an MD started what became known as the osteopathic profession for interesting reasons and at one time, pre-WWI, they were restricted in their scope of practice. Again, no longer the case and are equivalent for all intent and purposes, perhaps even better trained when compared with the very large number of foreign born trained and US born but foreign trained MDs now practicing in the US.

Osteopaths practice in all specialties including orthopedic surgery but it is unlikely your IME Dr was an ortho, most IME docs are FP's or Internists etc. His opinion will be weighed against your MD's and a non-physician will make a ruling.

[Netta]

quote=Cycler]
A DO is a fully licensed physician with the same breadth and depth of training as an MD and there is no longer any real distinction in the USA between the two. Once upon a time, generations ago, an MD started what became known as the osteopathic profession for interesting reasons and at one time, pre-WWI, they were restricted in their scope of practice. Again, no longer the case and are equivalent for all intent and purposes, perhaps even better trained when compared with the very large number of foreign born trained and US born but foreign trained MDs now practicing in the US.

Osteopaths practice in all specialties including orthopedic surgery but it is unlikely your IME Dr was an ortho, most IME docs are FP's or Internists etc. His opinion will be weighed against your MD's and a non-physician will make a ruling.
[/quote]

Thank you so much Cyler, for your reply, I fully understand now. Look what I found on another workers comp site. I copy and paste it below, for those that are going through their MMI.

IME Resources and Links

Although called "independent", these medical examinations are most often obtained by the defense, with the purpose of diminishing or defeating an injured person's medical claims. Some IME doctors have reputations for telling the insurance company what it wants to hear - after all, IME work pays handsomely and some doctors want to keep the insurance company's business enough to bend the truth or misrepresent a worker's actual condition