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Questions Answered by S. Michael Graham
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 practices. When... 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 employee.... 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 contact a... 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 had... 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 the... 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 discuss the... 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 way... 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 actually have new... 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 off for an... 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 free to... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I tore my ACL ,meniscus etc in my leg so I am receiving workers comp but now aggravated a previous back injury WTD?

So how does this injury affect my current case ?

I feel like I’m unfit for even light duty now .

Also my employer knew about the back injury and made me sign a paper stating I couldn’t sue them for any future back problems if I returned to work which I obliged due to bills and... Read more »

S. Michael Graham
S. Michael Graham answered on Apr 22, 2019

You would definitely need to go to a BRC hearing before the division to sort this out. This is essentially an "follow on injury". These are very hard to prove up at a hearing. You should consult a workers' compensation attorney directly to discuss the matter.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I live in Amarillo Texas and on WC. Do they have to pay me for wages lost due to drs appointments and physical therapy?

I have lost a lot of time due to Dr’s appointments and physical therapy I even missed time to go see a neurosurgeon 250 miles away during work hours. Do the have to pay for the time time that I missed during the day when these appointments?

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

You should be entitled to partial temporary income benefits, if you are not earning your average weekly wage. If you have doctor's appointments that are over 30 miles one-way and there are no other closer doctors, then you would be entitled to mileage too. My advice would be to get a workers' comp... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: The insurance adjuster I have said they are not workers comp the have there own insurance. I have been trying to get the

adjuster to call me back. I left several messages on her voicemail, she would not call me back until Monday February 11/2019. She said she closed my case because the doctor released me. I told her that the doctor said I should get a second opinion, and I left her messages. She said she was going to... Read more »

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

You need an attorney who handles personal injury/ non-subscriber claims. If the employer was at fault for your accident, you can sue them. You might be able to get additional treatment by contacting an attorney's office that will help you find a doctor and get a second opinion.

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I work for Walmart was injured on the job the insurance company is giving run around do I need an attorney

Insurance company is stating that pre-existing condition contributed to the extent of my injury which is not true. Are putting me off from week to week and have also asked me if I have personal insurance was told by them that they have to make a determination on how to help me and what they can... Read more »

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

Unfortunately, in the great state of Texas. Unlike any other state in the United States, the legislator has determined that workers' comp insurance is optional. Walmart doesn't carry workers' compensation insurance. Essentially, this allows them to deny, dispute, and otherwise not pay claims... Read more »

2 Answers | Asked in Insurance Defense and Workers' Compensation for Texas on
Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?

My conviction was overturn after 7 years. Can i get the $500. Schedule injury back pay ? Arizona workman comp.+

S. Michael Graham
S. Michael Graham answered on Dec 10, 2018

When you start missing time from work, so it would normally be from the date of incarceration.

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2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: Can employer force you to file a workers comp claim for an injury that occurred outside of work, not in the work place?

Only one day of work was missed, and the employee was fine to return to work the next day. The injury was unrelated to the job, happened outside of work; and the employee doesn't need workers compensation, just a day to rest at home and take some medication. Can the employee refuse the workers... Read more »

S. Michael Graham
S. Michael Graham answered on Nov 29, 2018

There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I need a lawyer that will take my workers comp case. I was hit on right hand back side and have 2 fractured vertebrae
S. Michael Graham
S. Michael Graham answered on Nov 25, 2018

My office is currently closed but will be opened back up on Monday 11/26/18. I will be able to discuss your case with you over the phone at 10:00 am -- 4:00 pm.

I do not charge for the first phone call. My number is 214-358-6060.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I got injured in may underwent surgery in september tried getting perscription filled last tuesday and denied

have never had a attorney

S. Michael Graham
S. Michael Graham answered on Nov 21, 2018

There are many reasons that your prescription may be denied. It might be a narcotic drug which requires a slightly different process to get approved. It could be that the prescription was just lost in the shuffle. You might consider getting a workers' compensation attorney. The attorney will be... Read more »

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