GQ Corner
Q. I have a certification of maximum medical improvement with 0% impairment rating from a treating doctor. I then received a 27% IR from the designated doctor. I sent the file to a peer reviewer for an impairment rating review who indicates the correct rating is 8%. Before requesting a BRC we called the claimant to see if he agrees with the 8%. He did agree to the 8%. Can the parties agree via DWC-24 that the 8% is the correct impairment rating?
A. No. The parties cannot agree to the 8% from the IR review doctor because that doctor did not actually evaluate the claimant and thus, cannot actually provide a DWC-69 (certification). Agreements regarding MMI and IR must be based upon a signed DWC-69 completed by a physician who has examined the claimant.
Q. The injured employee rejected an offer of light duty employment; however, the offer of employment is not bona fide (it does not comply with Rule 129.6). Even though the offer is not technically a bona fide offer of employment, strictly complying with the rule, do I have grounds to suspend TIBs?
A. Yes, the offer can still be used to argue no disability on the basis that the offer indicated that work was available to the injured employee, and the injured employee chose not to avail herself of the opportunity to work. Under those circumstances, the argument is that she is not disabled. Appeals Panel Decision number 012646 supports this position.
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