Final Admission Of Liability In Workers’ Comp Case
A final admission of liability is used by an insurance carrier to close a workers’ compensation case. If you have received a final admission of liability, you need to act on it right away. Do not ignore the final admission. If you don’t do something within 30 days, the case will close.
Final admissions are filed when an injured worker reaches “maximum medical improvement” (MMI), which is defined as a point where medical treatment will not improve the condition. When the doctor says you are at MMI, he or she should give an impairment rating. The insurance carrier usually files a final admission where it admits for the rating and states a position on ongoing medical benefits after maximum medical improvement. These are called maintenance benefits.
Final Admissions Of Liability
Denver workers’ compensation attorney Cliff Eley of the Eley Law Firm discussed final admissions of liability and what needs to be done if you receive one.
Keep Your Workers’ Compensation Case Open
Several actions can be taken by an injured worker after receiving a final admission of liability. To keep the case open, you need to file an objection to the final admission. You also have to ask for a division independent medical examination (DIME) or set the matter for hearing.
If you have a whole person injury (head, neck, back or torso) and contest the rating that the doctor gave you, you can ask for a Division Independent Medical Examination (DIME). If you don’t think you have reached maximum medical improvement, you also need to go through the DIME process.
The Division IME Process Is Complicated
The doctor selection process can be hazardous. The insurance carriers know who the doctors are; you probably do not. This lack of knowledge can result in getting a doctor who is favorable to the insurance company. Do not take the adjuster’s recommendations on who to use for the DIME doctor. Get the advice of an experienced workers’ compensation attorney from the Eley Law Firm.
If you want ongoing medical benefits and the carrier has not admitted for them in the final admission or if you contest the extent of an extremity rating, you do not need to do a DIME. You can object to the final admission and file an application for hearing.
This is probably the most hazardous time in a workers’ compensation case. Many cases are closed prematurely because of an injured worker’s failure to do the right thing after getting a final admission of liability. If you have received a final admission, call us right away. We would be happy to tell you what it means and to go over your options at no charge.
Contact A Denver, Colorado, Workers’ Compensation Lawyer
A final admission of liability is a complicated area of workers’ compensation. For experienced legal advice and representation, call the Eley Law Firm at 720-759-3064. You can also contact our workplace accident law firm online.