@2happy
sorry I didn't respond last night
Both of my knee injury experiences with WC were uncontested so I didn't see a need to hire an atty. What I did do was get a copy of the WC manual and studied it front to back so I better understood the process. You can also find this manual online as I did this time around. I almost hired an atty for the current injury after I was notified that the insur carrier requested an informal hearing to discontinue benefits. But after a little research I was able to determine that their claim was baseless since they were using previous case law to classify my injury as pre existing. There's a little more to that matter that I'll discuss in another post when I reply to Josephine's question.
I'm a little surprised to see you've been given a MMI rating already. Here in CT, a MMI isn't issued until a minimum of one year has passed since your last treatment/surgery. Your PKR was Nov 16, so I wouldn't have expected a rating no sooner than Nov 17. Maybe it's different where you live? You mentioned a WC Dr issued the MMI, was he your OS or a DR retained by the insur carrier? I ask because your treating physician is who issues the rating, not a 3rd party. However your insur carrier does have the right to have you examined by a 3rd party DR in case they dispute the rating # itself. I assume your atty has explained most of the MMI process, but in case he didn't...
Maximum Medical Improvement is when you've reached a point in time(one year post op) when no further improvements are expected. The rating is given as a percentage that is used to calculate an award/compensation for permanent impairment. I won't get into the specifics of the calculations unless you need me to. But I do want to make of a point and I emphasize this...DO NOT CLOSE THE MEDICAL PORTION OF YOUR CLAIM. I only say this from personal experience. Since you state you had a PKR, my research as well as what 2 DR's have told me, a PKR can eventually result in the need for a TKR. But every case is different, and not saying you will eventually need a TKR, so just be aware. I was fortunate in that my first injury of the torn meniscus in 1997, I was compensated for the injury and the medical
wasn't closed...not that I was given a choice. WC made that decision for me. Unbeknown to me at the time, most knee injuries of this nature usually result in a TKR, which mine did. So even though it's been 20 yrs since the first tear, there are no grounds for my current injury to be disputed and this has been expressed in writing by several DR's. Including a 3rd party Dr hired by my insur carrier...they requested an IME (independent medical exam) and wasn't in their favor.
I'm far from an authority on WC, but my research and reading of the manual gave me a great deal of insight of the process. Over the last several decades, the rules have changed due to the abuse by many. What I can tell you is if your injury is legitimate(not saying yours isn't) and the medical records support the injury, WC will side with you and do what is needed for you to expedite treatment, recovery and able to return to work. There are an untold number of
imaginary injuries as well as non work related injuries being claimed and those are the ones that create the problems and the need for constant revisions for WC rules. Sad to say but insur carriers are known to drag their feet and run you into the ground hoping you get tired of the process and go away. My current carrier has done just that numerous times, but I have no intention of going away...and I sure as heck don't have any choice if I want to return to a normal life.
Not sure if what I mentioned helped or if you have any other Q's, so ask away or comment. If the forum Admin prefers that you ask/discuss your situation in your own thread, use the @BionocBob to notify me. Otherwise I have no issues with discussing it here.
Good luck and hopefully I wasn't too long winded with this reply
