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Questions Answered by S. Michael Graham
1 Answer | Asked in Workers' Compensation for Texas on
Q: I was injured 5 months ago and I'm still on wc injury was a 18 wheeler ran over my right foot broke my ankle, all bones

And had to have a skin graft that's is half of my lower leg Dr says he's releasing me to light duty work but with my job that includes standing at hours end and I can barely stand for an he without pain I'm worried that I'll never be able to do my occupation ever again and do... View More

S. Michael Graham
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S. Michael Graham
answered on Feb 19, 2018

If you are unable to stand and you have not been placed at maximum medical improvement for your injuries, then you can be paid while you are recovering from your injuries. You should also be entitled to a permanent disability rating. I'm not too sure if it would qualify for the skin graft... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I been getting Workman comp and if I Lea ave the job and go to another will I still get Workman comp
S. Michael Graham
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S. Michael Graham
answered on Feb 14, 2018

If you quit, you will not loose your workers' compensation benefits for that reason.

1 Answer | Asked in Workers' Compensation for Texas on
Q: WHAT IS THE TIMELINE FOR A CLAIMS ADJUSTER TO APPROVE MEDICAL SERVICES ON A WORKERS COMP CLAIM?

SOME HAVE SAID THEY HAVE TO APPROVE SERVICES WITHIN 72 HOURS, THIS IS FOR DURABLE MEDICAL EQUIPMENT (DME)

S. Michael Graham
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S. Michael Graham
answered on Feb 14, 2018

The approval is authorized by the utilization review company that the Carrier subcontracts with. For Emergency there is no time line. For some emergencies it will be 72 hrs. For general denials it will be 3 or 7 days to respond to the request. Some DME less than $500.00 I believe doesn't... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: How many times can the Ins. company make me go back for a MMI/IR ??

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..??

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Personal Injury, Workers' Compensation and Trademark for Texas on
Q: My husband broke his hip working for a company over 20 years ago they had amerisure and it was done thru workmans comp

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

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: Filed work comp claim as occupational disease. My work comp doctor read my MRI results told me I need surgery

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

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: Are doctors' excuses not valid for getting paid, or must it be on a Form 73?

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

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: I’ve reached MMI my doctor released me with the restriction of sedentary work. I just got IR of 8% is that low ?

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

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: Broke wristand ankle on the job with no safty equipment was issued.

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

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: Workers comp disputing my impairment rating from 15%, knocked it down to 10%.

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

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: My daughter injured her shoulder and neck in two separate incidents at the school she works at.

The WC people at her school will not approve an MRI or treatment by an orthopedic doctor.

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: I got injured at work. Dr said I can go back, but I'll make it worse

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.

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: Cervical fusion in 04 and Work Comp settled with stip for future med. Treating ~ '18 for >pain. WC started denying care.

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

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: Had shoulder surgery and at Statutory MMI. went to DD Shoulder in sling want move how does he give IR
S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: My girlfriend was seriously injured while working for a remodeling company in Texas she is a subcontractor ..help

The company carries wc insurance does she have a claim

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: My husband was on workmans comp earlier this year.. He received a check today for 7 weeks iibs.

Doctor has said he will probably need more surgery. Does this settlement stop further benefits

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: I had a work related hearing loss 2/17, was documented by audiograms, Hearing aids were provided. are cash benefits due

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?

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Contracts, Employment Law and Workers' Compensation for Texas on
Q: Working without contract on IT project. Started 2nd job to make ends meet (IT project taking months). Hurt on 2nd job.

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

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: I am currently on WC here in Texas seeing a doctor that is approved on their list is sending me back to work with LDuty.

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?

S. Michael Graham
PREMIUM
S. Michael Graham
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

1 Answer | Asked in Workers' Compensation for Texas on
Q: I received a workmans comp check. I tried to cash the check. And numerous check cashing establishment's denied it.

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?

S. Michael Graham
PREMIUM
S. Michael Graham
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.

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