My daughter is constantly bullied by her boss.
answered on Apr 12, 2024
"Stress" is not compensable but "mental anguish" is recoverable for certain breaches of legal duties.
Your daughter will be required to offer "direct evidence of the nature, duration, and severity of her mental anguish, thus establishing a substantial... View More
OSHA violation for equipment prohibited, MNG cleaned cuts but infection set in, EMP is diabetic, INS CO omitted details of time and treatment before claim was filed, treating DR refused MRI for hand fracture with abscess as treated by EMERGENCY DR, denies injury effect and denies benefits.
answered on Mar 20, 2024
Whether the manager is negligent is most likely irrelevant. In a workers' compensation case, the injured employee is NOT REQUIRED to prove that his/her employer or one of his/her fellow employees was negligent. Workers' compensation provides medical benefits, temporary income benefits,... View More
Workers comp certified doctor gave me a rating of 44%. Worker’s Comp. said they will give me impairment rating benefits at an impairment rating of 5% until they can verify the 44%. How can they legally do this since my impairment rating came from their certified doctor to begin with?
answered on Dec 27, 2023
The Carrier does not have to accept the rating provided by the state selected Designated Doctor. They can hire a private doctor (RME) and require you to go to this doctor. Then they can challenge the rating before and Administrative Law Judge (ADJ) in a Contested Case Hearing (Administrative Court).
workers compensation. He also has esophageal cancer that is metastatic and extremely aggressive. He days ago recieved the pt scan results that indicate the cancer has spread to more areas of his body. Our question is, being that this cancer is as aggressive as it is, is there a way to get a... View More
answered on Dec 27, 2023
I sorry to hear you husband is having a rough go of it. If your claim is filed through the Texas Department of Insurance, Division of Workers' Compensation, there is no settlement. If surgery has not been recommended or he chooses not to have the elective surgery, you could attempt to get an... View More
answered on Dec 7, 2023
A herniated disc is a relatively common injury that can result from a work-related accident or several other possible causes. It can occur as a result of an acute trauma or develop gradually over time. Particularly in the latter case, it may go completely unnoticed by the patient and not produce... View More
answered on Dec 29, 2023
Ah, this is just business as usual. I have never come across a workers compensation doctor that was able to found an injury. And the ones that do dont tend to get re-hired by company's.
I would seek a second opinion from a different doctor, and inform your employer of the findings of... View More
The carrier claimed my lower back injury was pre-existing & ironically, judge said not enough evidence to show it was an aggravation of prior injury. I have been to 5 physical therapists, chiropractors, ortho doctors & pain is far worse. If this was the simple “strain” the court made it... View More
answered on Jun 20, 2023
Probably not.
Many people develop back problems like degenerative disc disease with age.
Many people remain unaware and without symptoms until they suffer a relatively minor back injury like a sprain.
Once they become aware of the problem, they become very attuned to the... View More
I was injured on the job February 9th 2021 by my production manager turned up the machine and it sucked me in and how's the bad accident to me 18% impairment rating but I'm being told that I cannot sue the company because we were both employed there and since workman's comps paying... View More
answered on Apr 23, 2023
Under workers compensation laws, a worker who is injured on-the-job is not required to establish that his employer or a co-worker was negligent in order to receive compensation for medical expenses and lost income. In exchange, the employer is not subject to a personal injury lawsuit by the... View More
They moved me to a different department I was told temporarily while being on light duty. But just two days ago one of the coaches acted as if he is switching me permanently. Which means I get to pay decrease and lose my position I had all do to be hurt. I work at Walmart is this allowed
answered on Mar 13, 2023
If your claim is in Texas, Walmart no longer carries workers' compensation through the Texas Department of Insurance, Division of Workers' compensation. They are nonsubscribers to workers' comp. Walmart has it's own private insurance. I believe your employer can permanently... View More
the claims sent to my adjuster? Without my knowledge, my doctor started filing on my medicare when W.C. stopped paying him, almost 2 years ago. I called my adjuster & she said if he had listed the correct compensable injuries (L. foot (CRPS), Neck, Rt. shoulder) he would have been paid. Today I... View More
answered on Mar 4, 2023
It is possible that your workers' compensation case could be closed if the wrong compensable injury was used on the claims sent to your adjuster. However, this would typically require some sort of legal action, such as a hearing or settlement agreement, which would likely involve notification... View More
MRI shows torn rotator cuff in three tendons. What are her next steps. She lives in Texas and cannot afford to hire an attorney. Should she have surgery done under her private insurance?
answered on Feb 15, 2023
If her treating doctor is an orthopedic surgeon and is recommending surgery, he/she needs to request a peer-to-peer with the workmen’s compensation carrier’s orthopedic surgeon to discuss why surgery is the best option in her case.
Surgery is not always necessary or recommended for a... View More
MRI shows torn rotator cuff in three tendons. What are her next steps. She lives in Texas and cannot afford to hire an attorney. Should she have surgery done under her private insurance?
answered on Mar 5, 2023
Your sister is not alone in facing what appears to be an initial denial of her Texas worker’s compensation claim. Unfortunately, when it comes to Texas worker’s compensation cases, a significant percentage of claimants are denied when they initially file a claim for benefits.
A bit of... View More
MRI shows torn rotator cuff in three tendons. What are her next steps. She lives in Texas and cannot afford to hire an attorney. Should she have surgery done under her private insurance?
answered on Feb 15, 2023
Sorry to hear she is having trouble. She likely CAN afford an attorney as most workers' compensation attorneys work on a commission basis - no fee until you win. I would suggest looking in the Justia directory for the area of Texas where she is and see if there is an attorney to consult with... View More
Honestly honest opinion
answered on Feb 13, 2023
Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”
In my professional experience, I have rarely seen individuals treated... View More
I was at work. Got hurt ambulance took me to ER. They did a catscan and said my nose was broke and return to regular duty after follow up with surgeon. My jobs safety talked to person doing paperwork and told them to put me on light duty so they changed it on the paper. The next day the hospital... View More
answered on Jan 16, 2023
CT scans are an advanced type of X-ray that shows blood vessels, organs, and other soft tissues well.
X-rays do a better job showing showing the skeletal structure including broken bones.
Different radiologists occasionally disagree on what the exact same test shows, and more... View More
I work for a school district and fell on campus. Over time my injury was getting worse, even though I sought treatment that day and months after. TASB had a peer review done that agreed my injury was likely caused by a fall and that surgery was recommended. After working with my dr to remedy the... View More
answered on Jan 3, 2023
The adjuster on your file does not have medical training so whether the surgery is reasonable and necessary is subcontracted out to medical specialist that determine whether the requested procedure meets ODG guidelines. If the LHL-009 (Request for IRO) is not successful, then I would recommend you... View More
I am hiring a subcontractor - They do not have workers comp. Can I have them sign a release of liability?
answered on Jan 2, 2023
Yes, the TWCC has a specific form especially designed for this purpose.
answered on Nov 2, 2022
I am not aware of any 8 hour time frame. Usually, the further out the test is taken the more likely it is that you would be intoxicated. The drugs/alcohol will leave the system with time.
Got injured at work a few years ago and workmans said everything was approved I'd go to physical therapy/ pain management doc and they always said they hadn't received anything but yet had my name. The exception was the regular doctor that could only apologize say they had no idea what... View More
answered on Oct 20, 2022
You can’t sue.
But you can receive medical treatment for your work-related injury from any health care provider who accepts worker’s compensation cases.
Your health care provider will likely need your TWC case number for your workers compensation claim to bill the correct party.
"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More
answered on Feb 26, 2024
Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.
If your... View More
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