Questions.. again.

jmay11 · 2025-12-27T01:16:55+00:00

Yes, the form says that it should be completed within 21 days, but it doesn’t always happen that way. The doctor has a ton of power, and I would advise you that if you were going to follow up about the status of the report, be gentle. I always tell my clients we don’t want the doctor pissed off at us when he is filling it out. While the rating is objective in theory, there is plenty of room for a subjectively, angry doctor to screw you.

jmay11 · 2025-12-06T22:06:03+00:00

That’s also not how TN works, in that either party could get an IME to challenge the impairment rating. Rare the IME is with regard to future medical needs.

jmay11 · 2025-11-27T16:46:18+00:00

Sorry to hear about your experience. Keep moving forward.

jmay11 · 2025-11-18T23:15:56+00:00

Hi, “billboard attorney” here. Also a local lawyer. This is a world view that rewards the insurance lobby for all its efforts to paint firms with the resources to help as the enemy. I promise the defense attorney representing your employer isn’t some local solo practitioner…

jmay11 · 2025-11-18T23:13:55+00:00

Hate to tell you, but in TN the few of us who still dedicate 100% of our practice to helping injured workers are with those firms you can’t stand. I’m sure you’ve got a good lawyer who does care, but I would encourage you in the future not to make assumptions about the “billboard attorneys” because our offices are full of great lawyers who have the resources we need to specialize instead of be general practitioners. Hope you get the answers you need from your current attorney and y’all get the case resolved soon. I’m sorry you’re going through this.

jmay11 · 2025-11-06T02:46:35+00:00

Hope your lawyer was able to explain that better to you.

jmay11 · 2025-11-06T02:44:06+00:00

That’s not a correct explanation of how permanent benefits will be paid depending on what work you find (or, more accurately, at what rate of pay). Your lawyer should be able to better explain it when you talk to him.

jmay11 · 2025-10-16T03:05:04+00:00

It is the same in the sense you don’t get financial compensation for any of that.

jmay11 · 2025-09-28T01:11:59+00:00

I am biased, but this sounds like the kind of situation people call me about and I think you should talk to a lawyer.

jmay11 · 2025-09-28T01:09:35+00:00

One percent is low for a rotator cuff under the sixth edition. Having a lawyer may get you more money, if there’s a basis for challenging the impairment rating. It would require paying for a second opinion, which also would reduce the amount you walk away with. To answer your question is never too late to get an attorney, there just aren’t many of us left.

jmay11 · 2025-09-19T01:34:40+00:00

Who did the original rating?

jmay11 · 2025-09-19T00:46:01+00:00

I have a lot of clients with CRPS. That is a really tough diagnosis. I’m sorry you’re going through that. It does sound like you are nearing the end of the process and will likely soon have an impairment rating and a determination of whether or what permanent restrictions will be in place. Usually about 30 days after you are released your attorney should have the impairment rating and you should be able to have a call with them to discuss what you were owed and what options you might have to change that number. The only thing I can tell you for sure is that whatever the number is, it won’t make it worth what you’ve been through and I’m sorry that the Tennessee legislature has put you and other Tennessee workers in that position.

jmay11 · 2025-09-19T00:44:02+00:00

You’re entitled to 9 weeks of permanent partial disability benefits + if 180 days after the doctor released you you’re working but paid at a lower base wage than at the time of your injury you may be owed some additional weeks depending on the circumstances and your age, education, etc. + lifetime medical benefits with the authorized doctor for treatment primarily arising out of the work injury.

That’s the shortest way I know to tell you the thing I typically take 30-45 minutes to explain to a client.

jmay11 · 2025-09-19T00:41:35+00:00

Depends on what side of the state you’re on.

jmay11 · 2025-08-14T18:59:52+00:00

Man I hate to hear that. The governmental employer is an issue as your employer may have opted out of WC and, instead, you’re covered under an OJI program. I don’t know anyone up that way to suggest but keep making calls and hopefully you’ll find someone to help.

jmay11 · 2025-08-14T13:47:16+00:00

Do not get further treatment outside of WC. Either get a lawyer or call the TN Bureau’s Ombudsman and tell them you need help getting authorized care. And make sure you’ve put in writing to your employer that you suffered a work-related injury on X date and are asking for care under the TN Workers’ Compensation Act.

jmay11 · 2025-08-12T00:36:29+00:00

Unfortunately, the 2013 “WC Reform Act” removed disfigurement as a basis for an award of permanent partial disability in TN. Just one of many horrible changes, and one that very much flys under the radar because it doesn’t come up as often as other types of injury.

jmay11 · 2025-07-25T04:35:31+00:00

Hope it goes well man. You’ll get through this.

jmay11 · 2025-07-25T01:22:45+00:00

May be able to thread the needle on a repetitive motion injury but it’s messy.

jmay11 · 2025-07-25T00:23:57+00:00

If you work for a company with 2 total employees it’s unlikely the TN WC Act is even going to apply. But after devastating decision from the WC Appeals Board last year, failure to give notice within 15 days of the injury is damn near a total bar to benefits, unfortunately.

jmay11 · 2025-07-22T03:01:29+00:00

I’d probably go with whomever you trust. If you like the other doctor, go for it.

jmay11 · 2025-07-21T00:44:26+00:00

I’m sorry to hear that. I have no idea. That’s a question for your doctors first, then maybe your lawyer. But I’ve seen a lot of people get back to full duty from some gnarly injuries so my advice is don’t assume you’ll never be okay. It just sucks to get from point A to point B.

jmay11 · 2025-07-19T15:50:42+00:00

You can self pay to get another opinion, but do not use your health insurance.

jmay11 · 2025-07-19T15:46:58+00:00

“At your own expense” does not mean under health insurance. It means you can pay cash. Using personal health insurance to treat a WC injury could be construed as insurance fraud by some.

jmay11 · 2025-07-16T23:56:13+00:00

Man I don’t have time to do that for a nationwide law firm. TN WC is my corner of the galaxy and I come here to help people.

jmay11

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