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Tuesday, July 27, 2010

Disputing An Impairment Rating? Have An Alternate Choice!

I just sat down with a man who is trying to pursue a dispute of his impairment rating. The impairment rating had been given by a designated doctor. He had filed a request for a Benefit Review Conference, which protected his rights, and then had been assigned an ombudsman. This ombudsman got the case set for BRC and attended the BRC with the claimant. At the conclusion of the BRC, the ombudsman got the case set for a Contested Case Hearing, which is now pending.

This is the normal track for an impairment rating dispute in the Texas workers' compensation dispute resolution system. There is one major problem though - no other impairment ratings have been done for this man. There is no alternate impairment rating!

When this claimant appears before a judge at the Contested Case Hearing, he will argue that the impairment rating he received is incorrect for whatever reason. But the judge will not have any other options before him. There will not be any other impairment ratings from which the judge could choose to determine the proper impairment rating.

In order to have any chance at getting an impairment rating other than the one provided by the designated doctor, the claimant must obtain a second impairment rating that he can argue is the correct rating. The judge has to be given a choice other than the designated doctor's opinion. If there is only one choice, then there is only one possible outcome.

The lesson here is that it is always necessary to get an alternate impairment rating if you want to dispute the one you already have. Never schedule a CCH without first obtaining the alternate rating. Treating doctors should be willing to provide one. If they won't, you must find a way to get one. I can always find a way to obtain an alternate rating for my clients, so I know there are ways to get it done.

12:33 pm cdt Comments

Wednesday, July 21, 2010

Community Enrichment Center in Tarrant County

I have referred my clients to the Community Enrichment Center in Tarrant County over the years when they have been in need of financial assistance. Here is one person's story from the current newsletter:

Crystal and her children came to the Adopt-A-Family program from a homeless shelter in 2008.

She had seperated from her husband and tried to support her family but didn't have enough work experience to get a job that provided enough income. Crystal eventually ended up at the shelter with her kids when she couldn't afford housing any longer.

After arriving at the shelter, she applied to the Adopt-A-Family program for long-term housing and services to help her become self-sufficient. She knew she needed to get a degree in a field that she enjoyed that would provide enough income to support her family. After entering Adopt-A-Family, she and her kids moved into a home provided by the CEC. She soon found a full-time job at a day care center and enrolled in a nursing program at Tarrant County College. When she felt overwhelmed she relied on her case manager and CEC staff to provide support and encourage her to focus on her goals. Counseling, life skills classes and case management helped Crystal overcome barriers to success along the way.

Since then Crystal has worked very hard to maintain a 4.0 grade point average while working and attending school full-time. She has learned how to manage her money, reduce her debt and save for the future. Last month she graduated from Adopt-A-Family. Her case manager Stacy Adelstein said, "Crystal has been determined to make positive changes in her life. She has focused on paying off debt and saving money as well as working towards her degree. Crystal's strong faith guides her and she appreciates all the help she has received from the CEC."

Crystal will be recognized for successfully completing the program at a graduation ceremony at the Back-to-School Carnival in August. She and her kids have found a house to rent, she has purchased a car and she continues to work full-time to complete her nursing degree. She credits the Adopt-A-Family program with helping her become a better parent and provider for her children. Crystal's faith sustained her in difficult times over the two years but her determination to succeed has given her hope for a better life. The CEC works with dedicated Adopt-A-Family "sponsors" who provide financial support to help families move from homelessness to economic self-sufficiency.

You can contact the Community Enrichment Center for assistance at:

Community Enrichment Center
6250 NE Loop 820
North Richland Hills, Texas 76180
817-281-1164

2:07 pm cdt Comments

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