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Questions Answered by S. Michael Graham
1 Answer | Asked in Workers' Compensation for Texas on
Q: In Texas,on the job injury,must a ua be taken within 8 hours of the injury,for the rebuttable presumption ?
S. Michael Graham
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S. Michael Graham
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.

1 Answer | Asked in Workers' Compensation, Health Care Law and Insurance Defense for Texas on
Q: If I return to full duty at work, is the responsibility of the insurance carrier over?

I injured my right knee during a slip and fall at work. The injuries are a complete tear of the ACL, partial tear of the MCL and buckling of the PCL. I have arthritis in me knee and the only surgery that me doctor will do is a complete knee replacement. The Worker’s Comp insurance carrier said... Read more »

S. Michael Graham
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S. Michael Graham
answered on Sep 15, 2022

It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I am currently going through wokers comp because of an injury at work. When my employer gave them my wage statement

For the last 13 weeks they put down 20 hours, 33 hours, 30 hours, 40 hours etc. I was actually working a ton of overtime. 60 hours, 60 hours, 58 hours, 48 hours, etc. there was only 1 week that I worked 38 hours and that was because I hurt myself on a Thursday and left early. The head... Read more »

S. Michael Graham
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S. Michael Graham
answered on Jul 6, 2022

If you have a claim filed through the Texas Department of Insurance, Division of Workers' Compensation, you have the right to challenge the wages your employer has listed at an administrative hearing. The easiest way is for you to get copies of your paycheck stubs to document your actual wages... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: I have to file a lawsuit in District court against Workers compensation company. the appeal panel didn't make a statemen

There were 4 witnesses to the accident, and 3 separate doctors, including a state designated doctor, stated my injury happened at work. The Designated Doctor used ICD10 codes. The original doctor used ICD9. The ALJ stated in his ruling that he didnt know why the doctor changed diagnosis codes and... Read more »

S. Michael Graham
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S. Michael Graham
answered on Mar 1, 2022

You may be able to win your case in district court. The problem is that it is very time consuming and expensive to go into district court. For example, to have a doctor testify on your behalf or to even take the doctor's deposition, you are looking at about 5K. The lawyers fees in district... Read more »

1 Answer | Asked in Contracts, Workers' Compensation and Construction Law for Texas on
Q: If I work on the house I'm living in can I charge my landlord for the labour I put in

My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor

S. Michael Graham
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S. Michael Graham
answered on Jan 13, 2022

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I work for Walmart and had an injury at work and the Walmart doctor says it’s arthritis ,im in a lot of pain .

And there is something wrong with my legs and my knees

S. Michael Graham
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S. Michael Graham
answered on Apr 26, 2021

Walmart does not carry traditional workers' comp through the Texas Dept of Insurance. They hand pick the doctors you will have to see. As a result, the doctors will usually tell you your injury is an age related issue. If you were injured as a result of negligence on the part of Walmart, then... Read more »

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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 »

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