Can the doctor release you at MMI

Business 4 views 4 answers
with still having a frozen shoulder from my first surgery and possible more surgery or more treament. thats what he did to me he never told me about it I knew about it because the Workers comp Ins, Call my Employer and told then to put me back light duty full time with the permanent restriction i had. because i was at MMI already. QUESTION..Is this Possible. I will see the Doctor again next week.

Attorney Answers

4
Amanda Lynn DeeringWorkers' Compensation LawyerSanta Ana, CA ·
I'm not licensed in Florida. However, in CA, the doctor can release you at MMI, but that does not necessarily mean that you do not need any future medical care. If you're still having pain and problems from a previous surgery, you should talk to your doctor about this situation. Also, it might be beneficial to retain a workers' compensation attorney to help you navigate the process if you feel it's too soon to return to work. I wish you the best of luck in your recovery.
0 upvotes
Lawrence Hornsby ·
Yes, your doctor could place you at Maximum Medical Improvement (MMI) if he or she has determined that your injury has healed to the extent that further improvement is unlikely. Reaching MMI is an important milestone in your workers' compensation claim because certain benefits cease including your employer's responsibility to pay you while you are out of work. Your physician may have placed you at MMI despite suggesting that you may need another surgery if you indicated to him or her that you would not be willing to undergo a second surgery. Not knowing the details or having an opportunity to review your medical records from your treating physician it is difficult to tell you what your MMI is based upon. I would recommend asking your doctor when you see him/her next week. It is important to remember that under Florida's Worker's Compensation law you are entitled to a onetime change in treating physicians for each date of accident. This means if you don't agree with your current doctor you can request a change to a new doctor for a second opinion. Unfortunately, under Florida law, while you can request a change to a specified doctor, the worker's compensation carrier does not have to authorize the doctor of your choosing. The adjsuter for your worker's comp insurance carrier selects the doctor for your second opinion assuming the adjuster respond to your request within the time allotted under the law. I would suggest you consider contacting an experienced worker's compensation attorney to discuss this matter further particularly if you are unable to return to work despite being at MMI. More information would be needed to accurately and thoroughly provide you a response to your question.
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Kenneth Brian SchwartzWorkers' Compensation LawyerWest Palm Beach, FL ·
Yes, a doctor can place you at MMI; but, you need to clarify what you mean by "releasing" you. "Release from care" means that the doctor won't see you any more; whereas, upon MMI, most doctors will just say that you can come back "p.r.n." (meaning, as needed). We sometimes say that doctors "release" patients back to work; but, that doesn't mean that they won't see the patient anymore. It just means that they have lifted some work restrictions. If your doctor released you from his care completely, then you would likely be entitled to replace that doctor with a new one in the same specialty. I also want to clarify something that another respondent told you. When you ask for a one-time change in treating physicians, you are not really getting a "second opinion," in that you do not get to go to a second doctor, get his/her opinion, then go back to your initial treating physician with that new information. Once you exercise your right to a one-time change, the current doctor becomes de-authorized, and you don't get to go back to that doctor anymore. This is important, because the carrier gets to pick your new doctor, and they might pick someone extremely conservative (i.e., unwilling to offer you any more treatment options), meaning that you could actually make your situation worse! So, be careful asking for the one-time change. From the tone of your post and the medical condition you describe, it sounds to me like you really need the assistance of a lawyer. Please don't wait any longer. Time is your enemy in workers' comp cases, so get help before it's too late.
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Michael Rott ·
Typically the law allows injured workers to change their treating physician. Every state has a maximum number of times allowable to change physicians. If this will be your first time, I suggest you do o right way.
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