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How do I appeal & how long do I have?

Waco, TX |

My MMI of 12% was determined by medical evaluation on 9/4/12. The date was back-dated to 6/26/12 which was exactly 3 mos after surgery on my shoulder. Had the evaluation actually been performed on 6/26/12 the MMI percentage would be much higher, because I was still undergoing physical therapy.

Attorney Answers 3

Posted

If you were a Federal Employee when you were injured, you have 30 days from the date of the issuance of the CA 203 to request an oral hearing, 6 months to request review by the ECAB and one year to submit new medical evidence or new legal argument and request reconsideration.

The date of MMI Maximum Medical Improvement is not the date you were fixed and stable. It is the date you were as good as you were going to get. Federal Employees who obtain a schedule award will not do so until after the physical therapy is completed.

I urge you to get advice from a union steward or a local attorney as schedule awards can be tricky.

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Posted

I am not a Federal employee.

Posted

I agree with Attorney Goodwin. Talk with an attorney before doing anything further.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

The general rule is that you have 90 days from the day you receive a copy of the impairment rating to file a dispute. However, there are exceptions to this rule. In my experience, impairment ratings are often wrong - shoulder injuries especially. If it was not done according the guidelines, then it can be disputed at anytime, even after the 90 day rule deadline. This is a prime example of the type of case that needs to be reviewed by an attorney. I would want to review your surgical report and the impairment rating. Given that the deadline is likely coming up pretty fast, you need to act immediately. I will post a video below about impairment ratings and disputing them in Texas.

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