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I went in and got my MMI/IR from the Dr. the Ins.company sent me to, about 6 weeks ago. He gave me a 15% IR. Now the Ins. company is sending me to another Dr. for the same thing. Seems like they are trying to get a lower IR..??
answered on Feb 13, 2018
You are correct. The carrier is trying to make you get a lower rating. You will likely need to fight this out at a DWC contested case hearing. My advice is to contact an attorney to represent you. There is potentially a huge difference in income benefits from a 14% and 15%. The reason is because a... View More 
Company dosent have amerisure any more and needs a workman's comp claim number .how do I go about getting that it was 20 years ago
answered on Feb 8, 2018
You can contact the Texas Department of Insurance, Division of Workers' Compensation. Your husband will need to provide his name and SS# and date of injury. They should be able to provide you with the information you need. You can also google the Insurance Company to see if they can tract the... View More
Surgeon told me need surgery to repair high grade tear in radial collateral ligament, repair partial tear in common extensor tendon. surgery denied. Sent for 2nd opinion. Surgeon highly recommends surgery, lateral epicondylitis and collateral ligament injury. My surgeon asked if 2nd surgeon said... View More
answered on Feb 6, 2018
I'm not a medical doctor. I would generally state that you should follow your doctor's advice. If you don't trust your doctor's opinion, you might need a new doctor. I don't know if the insurance company accepted your tendon tear and your epicondylitis? You should ask the... View More
When I first received my workers compensation packet from the adjuster at my work, it stated nothing about having Form 73 being filled to receive payment as being out. My doctor has been filling out Form 73s and sending them to the adjuster, I have been bringing doctors' excuses for the days... View More
answered on Jan 31, 2018
You must be able to prove to an administrative law judge that you were unable to obtain or retain your preinjury wages due to your compensable injury. The adjuster can either pay or not pay you depending on what she thinks this personally means to him/her. There is no magic requirement to have... View More
I fell down a ladder at work,long story short my doctors encounter all this with my knee.
Derangement of Knee
Deficiency of Anterior Cruciate Ligament
Current Tear of Medial Cartilage
Patellar Tendonitis
Knee Joint Effusion
Tear of Medial... View More
answered on Jan 31, 2018
The rating seems about right for the injuries that you sustained. You do have the right to get a post designated doctor impairment rating. You can see if the post DD rating comes out to be the same. If there is a substantial difference, you might want to challenge the first rating you received. You... View More
Was knocked off of ladder by fellow emplyee. Broke my right wrist wich was opperated on and plate installed and broke right ankle calcanious fracture. After a year still very painfull and some days cant even walk. Only gave me 9% impairment. What about mental and physical anguish plus the pain and... View More
answered on Jan 30, 2018
If your employer purchases a policy of workers' compensation, then you are barred from suing the employer for negligence unless there is death and gross negligence involved. This is the main reason employers choose to purchase workers' compensation. That is, so they will not get sued when... View More
I received a 15% IR from the doctor workers comp sent me to. My case worker sent me a letter stating they will pay a " more reasonable " 10% impairment. Is this common practice for workers comp to do this? I went to their doctor for my rating and they knock the IR down. Will I lose... View More
answered on Jan 29, 2018
The insurance Carrier does have the right to make a legal challenge to your 15% rating. However, you have some bullets to fight back with. You have the 15% rating. You can also obtain an alternate impairment rating from another doctor. You will almost certainly have to attend a Contested Case... View More
The WC people at her school will not approve an MRI or treatment by an orthopedic doctor.
answered on Jan 22, 2018
If your daughter works as a public school in Texas, she will be covered by workers' compensation. If she works for a private institution, there may or may not be workers compensation coverage. If she is covered by the Texas Department of Insurance, Division of Workers' compensation, she... View More
I have trigger finger from typing. I went to ortho yesterday and scheduled MRI. The only restriction he listed was no lifting. I'm worried about losing workers comp for medical bills if I refuse. Can my company fire me? My boss said I have to go to work since trays what Dr is saying.
answered on Jan 18, 2018
The general rule is that you must go back to work if your employer can accomodate your work restrictions. You don't have to go back to work, but neither your employer or the wc Carrier will owe your any wages or wage substitution (TIBs). You should really discuss this matter with a qualified... View More
I relocated to TX in 08, and continue to work for same employer. The '04 surgery did not help neck pain at all. Progressive symptoms through present. 3 radiofrequency ablations in past two years. Chrio, PT, and meds help some. Hard time finding doctors in TX that understand CA future... View More
answered on Jan 17, 2018
It sounds like your case is under California law. You might need to consult with a lawyer licensed in California. If you claim was filed in Texas, you have the right to contact the OIEC and request a BRC hearing. OIEC would be able to answer some basic questions. It will be hard to get an attorney... View More
answered on Jan 17, 2018
If you are at Statutory MMI, the doctor must rate you. He will take measurements based upon your current physical abilities -- even if you are in a sling. This is the rating that will be used. You have the right to challenge the rating with your own rating if you do not agree with the designated... View More
The company carries wc insurance does she have a claim
answered on Jan 15, 2018
This can get a little tricky. There are certain DWC forms that dictate who will be the workers' comp carrier. When you say there is coverage, are you referring to the subcontractor or the general contractor. If it is with the subcontractor, she should be covered; however, if it is with the... View More
Doctor has said he will probably need more surgery. Does this settlement stop further benefits
answered on Jan 15, 2018
If your husband is scheduled for surgery in the very near future, you can challenge the rating by filing a DWC 45 and requesting a BRC and/or CCH hearing with the DWC. If the proposed surgery just something that may need to be done in the distant future, it may not have an effect on the MMI date.... View More
I lost around 39% hearing in one ear and 49% in the other ear. after hearing aids were provided. Workman's comp insurance, avoids contact. no follow-up with me. I have documented info on audiograms hearing test, noise surveys at work. is there time limits on cash settlement benefits?
answered on Jan 11, 2018
You do not provide enough facts to give you an answer. You have 30 days to report claim to employer, one year to file a claim with the Division as a general rule with exceptions in some cases. You must prove that the work caused the hearing loss. You should then be entitled to receive an permanent... View More
I was unable to complete the IT project because I was injured on the 2nd job. I had completed hundreds of hours of IT work and had about 200 hours to finish the project. The company I was working on the IT project for says they are not going to pay me. I sent the invoice to the company I did the... View More
answered on Jan 10, 2018
You should have a contract. A contract can be written or verbal. Obviously, its much harder to prove up a verbal contract, but if you can then they would owe you the money. I'm not too sure how much they owe you. This may effect where a lawsuit would need to be filed. You should get an email... View More
I wanted to know what are my rights if I dont agree and because I didnt know about not taking the WC check can I give it back and pay for my own medical bills and see my own doctor and sue them in the process?
answered on Jan 10, 2018
You may be able switch doctors without having to pay out of your own pocket. If it’s your first change and a non network claim, you could switch to any doctor willing to treat under certain circumstances. If it’s a network you can also change to a doctor in that network. You can always pay out... View More
The check is from citi bank. Closest citi bank to me is 2 hours away. What is causing the check cashing establishment to deny the payout?
answered on Jan 8, 2018
I'm not sure why the check cashing place is denying. If it is workers compensation and you have a checking account, you can set up a direct deposit account with the workers' compensation carrier to hopefully avoid this problem in the future.
I was loading boards on a trailer. My restriction is 20 lbs for the one arm. The boards I was picking up did not weight 20 pounds
answered on Jan 4, 2018
If the adjuster will not pay your TIBs benefits, then you have the right to attend a hearing with the Division of Workers' Compensation to challenge her decision. If you prevail, she will owe you all back TIBs benefits. You have the legal right to hire a lawyer of your choice, to protect your... View More
I’m an Art Director who also organizes the company party’s & functions. It was the end of our holiday function, I was cleaning, an intoxicated coworker waiting on a sober ride who was wearing 3 inch heals took a tumble using me to stop her fall she pivoted us in a spin to the ground with... View More
answered on Jan 3, 2018
There are several issues presented in your facts. You need to report your injury to your employer. You should have your surgeon get the surgery preauthorized under workers compensation even if you have the surgery on your private health. You should submit the claim to the workers' comp carrier... View More
I start call State of Texas on 05/15/17 ..about Impairment results copies and before my 90 dsys had passed on 09/28/17. given IME test which said I haven't reached MMI....now about to go to CCH
answered on Dec 18, 2017
I'm not too sure what your question is. It sounds like you are going to a CCH to determine if you are at maximum medical improvement and what your current impairment rating is. You will likely need a DWC 69 report from a doctor that supports your position at the CCH. You should consult with a... View More
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