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Questions Answered by S. Michael Graham
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... 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... 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... 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... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Injured my lower back on the job, went to Dr was sent for MRI.

MRI showed several bulging disc,on several levels, it also showed severe central canal stenosis, the workers Comp insurance denied my claim saying everything on the MRI was pre existing?

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

Hello:

I'm Michael Graham. I'm sorry to hear you are having a hard time with your workers' compensation carrier. Denial of the full extent of your work related injury is typical for insurance carriers. You will most likely have to go through the administrative hearing process...
Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: The case worker/nurse called and is asking to go with me to my next dr appt. Am I abligated to let her go?

I had a knee wore out from competitive use in my line of work but was feeling no pain and was working. Then I slipped and twisted the knee and after that knee started buckling. I climb for a living so reported injury and told them no longer felt safe climbing. My wife has health insurance for us... Read more »

S. Michael Graham
S. Michael Graham answered on Oct 23, 2018

Hello:

I'm attorney S Michael Graham

Feel free to call me at my office to discuss the facts of your case. My office number is 214-358-6060.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I was hurt on job in Louisiana working for company from Texas. Which state has jurisdiction to file?

Employer and insurance carrier is telling me Louisiana but rules I read said Texas since Texas company. Insurance said if filed in Texas will deny claim. can They do this?

S. Michael Graham
S. Michael Graham answered on Oct 23, 2018

If you were hired or recruited in Texas and then you went to work in Louisiana, Texas would have jusisdiction. You need to speak directly with an attorney to make a final determination on jurisdiction. I don't know if you could file I now Louisiana as well.

1 Answer | Asked in Workers' Compensation for Texas on
Q: My husband is in construction, working in amarillo, he came home and fell ill with a rare illness caused by environment

We live near dallas, and my husband works in construction, he was sent to amarillo, a week or two after coming home he fell ill, and had to go to the er. The dr.s say it is more common in the west than here, and really rare here. Workers comp, is saying he's denied, because they didnt... Read more »

S. Michael Graham
S. Michael Graham answered on Oct 13, 2018

Hello:

I'm S Michael Graham. I'm sorry to hear your husband fell ill. In order to prove your accident is work related, you would need to get to a pulmonary specialist type doctor. A medical expert that can give an exact diagnosis. If he was working on an oil rig or at a specific...
Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: I got hurt at work. I slipped and fell, I had on my slip resistant shoes. I went to the doctor they told me too go to.

I didn't go to ER, I went on the 4th day after the fall. my fall was not my fault managers told me. They watched the video, and said it was a hard fall. My back, neck,and head hit hard. The first PA I saw he didn't really examine me. He wrote a note for me to not lift more than 15lbs,... Read more »

S. Michael Graham
S. Michael Graham answered on Oct 4, 2018

I'm not sure exactly what your question is. My advice would be to contact a local workers' compensation attorney to advise you right away on your legal rights and responsibilities. Time really is of the essence for you to be provided with the best legal advice. Most attorneys will speak... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: i got let go while on WC for a non WC reason. i would like to know am i still covered for services and pay until im 100

i had my 1st surgery in May. been home re-cooping / PT afterward. in late Aug they had me come back at a desk job. im a truck driver / warehouse by trade. i have a frozen shoulder and waiting on surgery #2. i got let go today for sending inappropriate im's. ( i think theses is more to it ) i... Read more »

S. Michael Graham
S. Michael Graham answered on Sep 26, 2018

If you are fired for cause, you would not be entitled to off work (TIBs) benefits because the reason you are not earning income (wages) is because you were fired and not because you have an injury. If you can prove the reason they fired you was not for cause such as they were just looking for an... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Can workers comp insurance continually ask for urine drug screens at doctors visits 18 mnths AFTER injury

I was injured at work and initially had a urine screen for drugs at hospital immediately and had no drugs or alcohol found in my system. I am requiring a third surgery, the insurance nurse case manager has been having drug screens without my consent or knowledge.on the third incident,I inquired... Read more »

S. Michael Graham
S. Michael Graham answered on Sep 26, 2018

Without more facts it would be difficult to know for sure why the screening was performed. The NCM can't order the screening on her own. She would have to speak to your doctor(s) to have them order the testing. You should find out which doctor ordered the test and then speak to them about why... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: I am a teacher that was injured on the job, recieved surgery, and is now having to attend physical therapy 2x/week.

My employer is now demanding that my appointments be all outside of my work hours which takes me away from my own children and causes me more expenses to have to get care for them as I can not be there. They have also stated that the dr adding the restriction of always having an aide in my... Read more »

S. Michael Graham
S. Michael Graham answered on Sep 9, 2018

You have several questions that would be better addressed by speaking to a workers' comp attorney. You do have the right to attend a doctor of your choice as long as they are in the ISD network/ association. You can go when the appointment is available and is convenient for your schedule. With... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Texas on
Q: If the hotel I work at is temp. shut down do to black mold, do we the employees get compensated for our losses?
S. Michael Graham
S. Michael Graham answered on Aug 24, 2018

You would not get paid. This is really an employment and Labor law question as opposed to workers’ comp which deals with on the job injuries.

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Company wants me to come off workman's comp and they will pay me minimum guarantee but I have to pay for my room.

Am a pilot based in Houston and living in Corpus Christi. Hurt shoulder in Feb. and been on wc since. Doctor says I am able to do some light duty, no more than 4 hours per day. Company has been telling me to stay home until today. They want me to come off wc and they will pay me to come to the... Read more »

S. Michael Graham
S. Michael Graham answered on Aug 22, 2018

Your situation is somewhat tricky. I do not think you would need to accept the offer. You should be able to be paid through workers' comp. It would be advisable to contact a workers' comp attorney to discuss your particular situation in more detail.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Is a stroke on the job a claimable workers comp claim?

My company claims it's not job related. I am a construction manager in a highly stressful position.

S. Michael Graham
S. Michael Graham answered on Jul 26, 2018

It could be work related but you will need an expert medical opinion to state that it was work related. The medical expert will need to explain what you were doing that day caused the stroke. I don't think you could claim that since you have a very stressful job, that over a period of time,... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Can my fiancé decline workers comp for an accident?

My fiancé got into a minor accident while on the job. He refused medical treatment as he felt fine and there was no bleeding, just minor bruises. He finished up the work day with no problems but the next morning he woke up with his body feeling a bit sore and decided just to call in sick. He did... Read more »

S. Michael Graham
S. Michael Graham answered on Jul 25, 2018

If your husband missed a day of work, the employer is required to file a claim. He doesn't have to go to the doctor if he doesn't want to or he doesn't feel injured. If he is injured, he could also go to his own doctors and pay out of his own pocket instead of having workers'... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: I feel I’m being forced back to work by my Dr and insurance co. They’ve suspended my benefits. What can I do?

Benefits have been suspended. Dr’s office won’t submit updated status and work report adjuster needs every 30-45 days to release benefits. Dr says all insurance will pay for at this point is surgery. Adjuster says they’ll cover whatever Dr request. See the circle? I have a herniated disk at... Read more »

S. Michael Graham
S. Michael Graham answered on Jul 12, 2018

The general rule is that the ODG Guidelines recommend the least invasive treatment before engaging in more invasive treatment such as surgery. The protocols for each type of injury would be different. ODG will usually only allow limited therapy and injections. Your next step would be surgery if he... Read more »

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