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Questions Answered by S. Michael Graham
2 Answers | Asked in Workers' Compensation for Texas on
Q: I have an upcoming statutory MMI and IR rating with a DD. How do I know if the rating I receive is a fair rating?

I have had three surgeries on my shoulder. I had three because I had an infection from the first surgery. The final surgery was Anterior Capsular Reconstruction. My doctor gave me a permanent weight limit restriction of 30 pounds. My profession that I have been in for 30 years requires me to lift... Read more »

S. Michael Graham
S. Michael Graham answered on Oct 17, 2020

The best way to check your rating is to have it reviewed by your treating doctor or another person that is familiar with impairment ratings such as an attorney. The fact that you had multiple surgeries on the shoulder will not effect the rating. Essentially, the doctor will be measuring your... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I was injured in a car accident while working in 1993 and had mutilple fractures. Filed a claim was off for

For 2 1/2 months. Was released by a dr in a different town who told me that I would need surgery in the future. I eventually had to have the surgery last year.

Can I file on an old claim?

S. Michael Graham
S. Michael Graham answered on Jun 10, 2020

If you filed your initial claim with the Division of Workers' Compensation in Texas and the specific injury is part of your work related injury, you have coverage for life for the work related injuries. This might be difficult to prove up but in theory you would still have a valid claim.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I got bit by a dog at work and he fractured my thumb I went to the doctor through workers comp and my case is closed now

I still don't have full use of my thumb, my bone is looks like it has arthritis now but the doctor said it's because of my age ,is there anything I can do?

S. Michael Graham
S. Michael Graham answered on Jun 2, 2020

You have the right to seek reasonable and necessary medical care for your thumb. You also have the right to receive a permanent impairment rating for your thumb. If you would like help with this process, feel free to contact me as follows:

email: smgesq6060@sbcglobal.net

ph. 214-358-6060

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: Buenas tardes , quisiera saber como me puedo asesorar para demandar una compañia que me despidió injustificadamente
S. Michael Graham
S. Michael Graham answered on May 18, 2020

Hola Me LLamo Michael Graham. Si puedo llamar mi officina es mejor. No hablo mucho espanol. Si tiene una persona qua habla English para eusted es mas mejor. Gracias.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should I get compensated for doctor visits under Texas Worker's comp and if so what's the section of the law to claim it

I am being assisted by an Ombudsman, but she claims that she doesn't know of any section of the Texas Worker's Comp Law that allows an injured worker to claim payment for doctor's visits or for treatment for an accepted on the job injury. I have found during my research that... Read more »

S. Michael Graham
S. Michael Graham answered on Apr 15, 2020

You will need to submit your pay check records to the adjuster. If you are missing time from work, you are entitled to partial TIBs for the time missed. You would be compensated at 70% of gross wages less actual wages currently paid. There is no 2 hour rule. Also, if you travel over 30 miles one... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: Workers Comp Question:Can I sue my employer if I get hurt a second time even though they knew what my restrictions were?

So I originally got injured on 05/2019, 4 months later I was injured again. My employer was aware of what my restrictions were but still put me to work. Causing the second injury. So my second case is closed as of last week, but my injury I feel is not quite where I feel it should be? Could I sue... Read more »

S. Michael Graham
S. Michael Graham answered on Mar 12, 2020

The state of Texas uses the carrot and stick approach with employers with respect to providing workers' compensation coverage for its employees. If they pay for the coverage, the the State prevents the employee from being able to sue the employer for negligence (not resulting in death and... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: The company I drive for will not give me my paycheck and the money I was short. What can I do
S. Michael Graham
S. Michael Graham answered on Feb 4, 2020

This would be a question better answered by an employment law attorney instead of a workers' compensation attorney. The latter deals with on the job bodily injury and off work benefits while the former deals with wages. You could file a claim with the Texas Workforce Commission to allege a... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: Workers comp opted out of workers comp now they want to put my wife in a transition to work program?

Been receiving workers comp and now they opted out of workers comp? She was run over by a car at work and hasnt been cleared to return. She had an orthopedic appointment for a torn meniscus and they called and said they opted oit of workers comp? And now want her to sign something to do a... Read more »

S. Michael Graham
S. Michael Graham answered on Jan 27, 2020

The carrier cannot "opt out" of workers' comp. If the Carrier provided coverage on the date of injury, they are responsible for the work related injury for life.

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2 Answers | Asked in Workers' Compensation for Texas on
Q: What do I do when a MD turns in medical report of my Examination to TDI/WC but I was absent in this examination?

The DWC-73 document doesn't have my signature to it but it was turned in as if I was medically examined?

S. Michael Graham
S. Michael Graham answered on Nov 12, 2019

Most DWC 73s are turned in without the patient's signature. I would agree you should be physically examined in most cases. I would ask you to speak to your doctor. Workers' comp does have a formal process to file complaints that is on-line. It's called the division of compliance and... Read more »

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1 Answer | Asked in Construction Law and Workers' Compensation for Texas on
Q: Please help Two years ago oct 6 2017 I was injured on a construction site in Oklahoma but employed with Texas company.

At the two year mark workman’s comp has stop paying per Texas law is what they said I filed for ssi an disability benefits I’m still unable to work an also untreated for my injuries I guess my question is how or why is that company not liable

It took them 8 months to send my first... Read more »

S. Michael Graham
S. Michael Graham answered on Oct 23, 2019

Workers' Compensation is an insurance plan. The employer pays an insurance company to insure its employees in case of injury. In exchange for purchasing this wc policy, the law states that employees can't sue their employer if the employer (or its employees) negligently injure another... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: I was injured at my job but was still able to work. I changed jobs but my injury has gotten worse and need surgery.

I will not be able to work for 4-6 weeks. Workers comp has been paying for my medical expenses but now that I will be out of work, am I eligible to receive income from workers comp? I spoke to my adjuster and they said no because I no longer work for the same employer. My new job is in the same... Read more »

S. Michael Graham
S. Michael Graham answered on Oct 1, 2019

If you had private insurance, you would have to get the surgery under your new insurance. If you had a claim through the Texas Department of Insurance, Division of Workers' Compensation, you can still receive medical treatment and disability no matter where you work. I would advise you to... Read more »

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2 Answers | Asked in Workers' Compensation for Texas on
Q: Can I still get medical help for back pain related to a back injury that was cause by an at work slip n fall n '06
S. Michael Graham
S. Michael Graham answered on Sep 20, 2019

If your claim is through the Texas Department of Insurance, you have lifetime medical for "reasonable and necessary" medical treatment. This means that it will have to meet ODG standards to get approved. Typically, you are allowed 12 visits of physical therapy for a sprain/strain. If you... Read more »

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2 Answers | Asked in Workers' Compensation for Texas on
Q: Can workers comp doctor's make one use their own private insurance?

I work for a veterinarian and I got bit at work by a dog. The WC doctor said my thumb is fractured so on my third visit he said I was able to use it. Now I have a lot of pain and a not where my thumb meets my hand he said its arthritis now. I didn't have this issue before its painful to turn... Read more »

S. Michael Graham
S. Michael Graham answered on Sep 12, 2019

If the arthritis is due to the dog bite, then this would be workers' comp provided your employer carries workers' comp coverage for its employees. Most Carriers have networks in place which means you have to choose a network doctor. I would advise you to contact an work comp attorney to... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: why Have they drop my daughter

I got injured on job couple months ago Had to have a couple surgery. Still haven’t got released to attend work So I take my daughter go get dental exam they drop from insurance is this legal if so why

S. Michael Graham
S. Michael Graham answered on Jul 25, 2019

I believe you are asking if your employer can stop paying for your private health insurance premiums when you are not at work due to a work related injury. If this is the question, I believe your employer can stop paying for your health insurance until you return to work. You can continue to make... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: I fractured my index finger and mangled my tendon on middle finger Do I get IR b4 therapy or After

I already had 1 surgery and scheduled for 2nd to remove pin placed in hand case was only approved 5/16—8/3 Estimate of what case is worth

S. Michael Graham
S. Michael Graham answered on Jul 15, 2019

I agree with Roy Warren's answer. Good Luck. If you have issues or additional questions, feel free to contact a workers' compensation attorney directly. Most will speak to you on the phone at no charge.

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2 Answers | Asked in Workers' Compensation and Medical Malpractice for Texas on
Q: I would like to know if I have a possible medical malpractice case.

Back in November of 2019, I injured my knee stepping off of a bus at work, I started a workmans comp claim the following day. My first MRI showed a tear in my miniscus, and I was recommended physical therapy. I went for about 2 months, a few times a week. During the harder weeks of therapy, I had... Read more »

S. Michael Graham
S. Michael Graham answered on Jul 1, 2019

If the Carrier is denying the tear to your knee and possible subsequent re-tear, my advice would be to contact a qualified workers' comp attorney. This matter will most likely need to go to the administrative hearing level to force the Carrier to accept your injury.

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1 Answer | Asked in Appeals / Appellate Law and Workers' Compensation for Texas on
Q: Advise on workers comp case needing to go to district court.. ombudsmen didn't file a timely appeal..
S. Michael Graham
S. Michael Graham answered on Jun 26, 2019

If you didn't get the appeal from your decision and order filed on time, you would have a very difficult time filing in district court. Also, if you lost at the administrative level (CCH), there are almost no attorneys that would be willing to take your case in district court since we have no... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Are you able to change jobs while seeking treatment under workers comp/Sedgwick?

I want to change jobs, but I was told once you leave your job your treatment through workers comp/Sedgwick stops at the door.

S. Michael Graham
S. Michael Graham answered on Jun 18, 2019

If your claim is through the Texas Department of Insurance, Division of workers' compensation, you can change jobs without effecting your workers' comp. Your claim is with the Insurance Carrier and not the employer. However, before you change jobs you want to make certain that you... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I'm still on WC, and DR. care and restrictions have not got an MMI... Employer call said about FMLA is about to expire.

Not sure they are getting the 73. ask about if I was on restrictions, to see if they can find something for me or said maybe I would have to resign... Kind of confuse why would they put me on FMLA when it's a work injury not ask to for leave to take care of a family member...

S. Michael Graham
S. Michael Graham answered on May 15, 2019

FMLA is based upon a federal statute that allows an individual to be off from work for 12 weeks and the employer cannot fire them "for being off work". After the 12 weeks expires, unless the company has a different policy, they can terminate your employment despite the fact that you are... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: I work for a public school district. I got my foot tangled in an electrical cord and fell on concrete breaking my hip.

I took sick leave in lieu of a workers comp check. WC approved that but didn’t tell me it would cause problems. I also worked another job before breaking my hip in several places. Now they say I can’t draw compensation for the second job. Is this right or should I be able to draw a percentage... Read more »

S. Michael Graham
S. Michael Graham answered on May 7, 2019

Sorry for the late response. I have been on vacation the past weekend in Mexico, but I'm back in the office now. If you can document dual employment, then the school district (self-insured) would be liable to pay you a portion of your wages from both places of employment in most cases. Feel... Read more »

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