It Is Error When Impairment Ratings Reduced Because Of Pre-Existing Conditions
MLF LEGAL IS A
NO-WIN NO FEE LAW FIRM
An impairment rating is a measurement of the permanent damage done to your body by a work injury. It is part of a Texas workers’ compensation claim. These impairment ratings are supposed to take into account all of the damage that you have to live with. However, the Division and insurance companies want to limit impairment ratings by declaring that your impairment is due to a pre-existing condition. There’s just one problem with that. The law says it is error when impairment ratings get reduced because of pre-existing conditions.
How Pre-Existing Conditions Get Blamed For Impairment
Insurance companies typically argue that the work injury healed and the leftover problems are all due to a pre-existing condition. The Division even issues decisions supporting this type of argument. They will say that the impairment rating is supposed to only include a “compensable” injury. This means that they are saying it should only include the exact body tissues injured in the new accident, not the surrounding tissues injured in a prior accident. As if you can figure out which cell in your body was damaged before and which ones are damaged now.
Error When Impairment Ratings Reduced
The Appeals Panel of the Division of Workers’ Compensation considered this question. In Appeal 022270, the panel looked at how psychological issues made the physical injuries of a worker much worse than they should have been. The judge in that case had given a low impairment rating, a 0%. He did this because he felt like the higher impairments were caused by the psychological issues the injured worker had. The judge didn’t think the effects of the pre-existing psychological issues should be taken into account. But the Appeals Panel reversed that decision. They said it is error when impairment ratings get reduced due to pre-existing conditions.
In making that decision, the Appeals Panel noted that the claimant’s pre-existing psychological problems made his injuries more debilitating. These pre-existing issues resulted in enhanced effects from the compensable injury. It’s just like how a degenerative condition would increase range of motion loss. A compensable injury includes these enhanced effects. It is legally wrong when impairment ratings get reduced because of a pre-existing condition. If that has happened to you, you must dispute that impairment rating immediately. There are deadlines to do this. Talking to a Texas workers’ compensation attorney should be your first step. And that’s free.
I think the admin of this web site is in fact working hard in support of
his site, for the reason that here every data is quality based
material.
My partner and I stumbled over here different website and thought I may
as well check things out. I like what I see so now i’m following you.
Look forward to looking over your web page repeatedly.
This has been an extremely wonderful post. Many thanks for supplying this
info.
Nice post. I learn something new and challenging on blogs
I stumbleupon every day. It’s always exciting to read through content from other authors and use
something from their websites.
I’m not that much of a internet reader to be honest but your sites really nice, keep it
up! I’ll go ahead and bookmark your site to come back later.
Cheers
Good post. I certainly love this site. Thanks!
Hurrah! At last I got a weblog from where I know how to actually get helpful data
concerning my study and knowledge.
Hey there! Would you mind if I share your blog with my myspace group?
There’s a lot of folks that I think would really enjoy your content.
Please let me know. Thanks
The contents are masterwork. you’ve done a great proceѕѕ in this topic!
Incredible points. Outstanding arguments. Keep up the great spirit.
Hey there! I’m at work browsing your blog from my new iphone!
Just wanted to say I love reading your blog and look forward to all your posts!
Keep up the fantastic work!
I hate workers comp. Somebody is always trying to do something to you.
I agree. That’s the danger in dealing with insurance companies and bureaucracies. Everyone pursuing Texas workers’ comp benefits needs a lawyer.
That’s what the designated doctor did to me. I used an ombudsmen but I dont’ think she didn’t know anything.
There is a danger with using an ombudsman. They are not lawyers. You get what you pay for is an old saying that rings true.
Great info!
How can I get a new impairment rating?
That’s part of what we do for injured workers. I would need to look over your records and the current impairment rating to get you set up with the right doctor to give you a new impairment rating. Who your treating doctor is and the type of injuries you have will affect your options.
Thanks for the info!
This info is priceless. Where can I find out more?
Check out this free book for Texas injured workers entitled, “The Ultimate Survival Guide For Texas Injured Workers: Everything You Need To Know To Beat Insurance Companies At Their Games.” https://www.mlflegal.com/guide-for-texas-injured-workers/
Thanks for getting my impairment rating fixed. I’m so relieved!
Glad we could help
Workers’ comp gave me a zero impairment rating. What can I do?
The first thing you have to do is dispute that impairment rating. There’s a deadline so you have to act fast. Here’s a link to more info: https://www.mlflegal.com/2020/07/dispute-impairment-rating-texas/
I like the valuable info you supply for your articles.
Greetings! Very helpful advice in this particular post!
Many thanks for sharing!
I’m really enjoying your site. Superb work!
Appreciate this post.
You guys did a great job on my workers’ comp case. Thank you!
I really like it when folks get together and share
ideas. Great site, continue the good work!
They told me my injuries were old from playing football but I never played football. This is what I needed to know.
Good info. Lucky me I discovered your website.
This is exactly what I was looking for. Thanks!
This design is spectacular! You obviously know how
to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Great job.
I really enjoyed what you had to say, and more than that, how you presented it.
Too cool!
Hi there, I enjoy reading through your article posts.
I wanted to write a little comment to support
you.
Great article, just what I wanted to find.
This website definitely has all of the information and
facts I needed and didn’t know who to ask.
Sаved as a favorite, I really like your web site!
Awesome article.
This website was… how do I say it? Relevant!! Finally I have found something which helped me.
Many thanks!
Thanks for finally talking about Dallas / Fort Worth Lawyers –
Work Injury, Car Wrecks, Disability, Divorce, DWI – Liked it!
Terrific post however I was wanting to know if you could write a litte
more on this topic? I’d be very grateful if you could elaborate
a little bit further. Thanks!
Thanks! You can get more info from our free book for injured workers called, “The Ultimate Survival Guide For Texas Injured Workers: Everything You Need To Know To Beat Insurance Companies At Their Games.” It’s a free download at https://www.mlflegal.com/guide-for-texas-injured-workers-download/
Admiring the dedication you put into your site and in depth information you
present. It’s good to come across a blog every once in a while that isn’t the same outdated rehashed material.
Wonderful read!
whoah this blog is magnificent i really like studying your posts.
Keep up the good work! You realize, a lot of persons are searching around
for this information.
Your articles have helped me see what’s going on. I got your book to. Thanks for doing this.
My ombudsman said I can’t get a impairment rating for my knee and i need surgery.
If your knee was injured in your work accident, then you definitely must get an impairment rating for your knee injury. Ombudsmen are not lawyers. They probably didn’t know what to do to help you. A lot of our cases are about establishing the full extent of your injuries and fighting over the impairment rating.
I need to dispute my impairment rating. My doctor said I still need surgery
If you still need surgery then you should not be ready for an impairment rating yet. You aren’t supposed to get an impairment rating until you reach maximum medical improvement. If you still need treatment, then you obviously haven’t finished healing yet. We get these types of cases into a hearing as fast as we can. There are deadlines when you need to dispute an impairment rating. Check out this other blog on how to dispute an impairment rating in Texas: https://www.mlflegal.com/2020/07/dispute-impairment-rating-texas/
Way cool! Some extremely valid points!
my adjuster denied me. said it was an old injury but i’ve never been hurt before.
Thanks!
Hi there! I could have sworn I’ve visited this blog
before but after browsing through a few of the posts I realized it’s
new to me. Nonetheless, I’m definitely delighted I
discovered it and I’ll be bookmarking it and checking back often!
Great info!
this site presents quality based posts
Muchos Gracias for your article post.Really thank you!