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MMI but doctor not allowing me to return to work until further testing.

Gulf Breeze, FL |

I am so confused. I was in an accident while driving to a work related meeting in 2009. I have been on workers comp since the accident. In March my doctor took me off work not allowing me to return even with restrictions. Today I am facing being let go from my employer because of not be released to work. I am confused how I can be written MMI but at the same time not allowed to work until the test have been performed that the doctor is asking for. The other problem is that the workers comp carrier has not approved the testing and the doctor will not release me until testing is complete. How can I be MMI but at the same time, not allowed to return to work. I am unable to claim loss wages from WC because of being written MMI. What options are there for me and where can I get lost wages benef

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Attorney answers 4

Best Answer

You asked a different question a few days ago and indicated that you had a w/c attorney already. The questions that you asked today are questions that you should be asking your attorney, not a public board of people who don't know your specific circumstances and don't have an attorney-client relationship with you. If you've asked your attorney these questions and didn't get satisfactory answers, then you need to change lawyers. If you haven't asked yet, stop wasting your time on Avvo and ask for a face-to-face meeting with your lawyer to have all of this explained to you.



Thank you Kenneth for your advice. I guess the reason I have ask again is because when this all started back in 09, I had a different work comp attorney who left the firm in the later part of 2010 and she was replaced with an attorney who just graduated. I guess I am just worried because everytime I ask her something about the situation, she has to always ask someone else and it takes days to get back with me. Another reason why I am confused.

Kenneth Brian Schwartz

Kenneth Brian Schwartz


If you don't have confidence in the attorney handling your case, ask a partner there to take it over or change to a different firm. Don't be shy. Your health and financial well being are on the line.


If the doctor truly put you at MMI, then if the doctor continues you on a no work status, you may be eligible for additional workers' compensation benefits. This is a complex and technical issue, and it is important to see exactly what the doctor's notes and reports actually say. I would think that you should get the notes and reports, and consult with an experienced workers' compensation attorney, to confirm what the doctor's reports actually say, and what impact the opinions have with regard to what benefits you may be entitled to receive.


Listen to Ken Schwartz. If you have hired a lawyer, it is presumed you trust the lawyer and hired him/her because you were impressed with his/her knowledge. Ask the lawyer you hired.
Bob Shapiro


The options are: 1. speak to your attorney about your legitimate confusion; 2. speak to another attorney providing them the appropriate documentation; 3. do nothing and keep writing on this website for global answers that probably wont help your individual situation too much. I would select 1 or 2

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