Legal Question in Workers Comp in Florida

mmi/return to work/compensation

hi.

i did suffer a back injured reported on september last year. i was send home and have being receiving payments sice march. i got 3 epidurals injections (herniations in 3 disks) and the pain improved a little (from 7 to 5). the doctor suggested cirjury, but the one that put the injections said a a 4th injection in 6 month can be posible before an operation. my doctor said that if don't get the operation he will give me mmi and i have to return to work. also, that the payments will stop if he gives me the mmi. i think that if there is the posibility for another injection before any operation is my choice to do so, and the doctor cannot give me a mmi diagnostic without exploring that posibility. do i have the right to ask for continuing the treatment until i get another injection in 9 months? i am entitle to receive my bi-weekly checks until then? do i have to settle?

thanks,

hq


Asked on 10/15/04, 8:52 am

1 Answer from Attorneys
Steve Renick Bloom & Kinnear P.A.

Re: mmi/return to work/compensation

The simple answer to the question is that it all depends on what the doctor says. You are at MMI if you are at the point that no further treatment will improve your condition. In other points, your maximum and best recovery. You could certainly become worse, but MMI is determine at your best point in recovery. Another injection probably won't improve your condition, just help the deterioration of your condition for a limited time. It sounds as though the doctor is saying that the only way to further improve your condition is surgery. Therefore, if you don't want to be placed at MMI, you need to pursue surgery. Otherwise, you can expect to be released by this doctor and your indemnity benefits will essentially terminate. There are other remedies, such as asking for a one time change in treating doctors, and see if that other doctor may have another opinion, or other treatment options, such as pain management. However, your best bet would be to retain a qualified workers' compensation attorney immediately to protect your interests.

Good luck.

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Answered on 10/17/04, 11:25 am


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