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Questions Answered by S. Michael Graham
1 Answer | Asked in Workers' Compensation and Employment Law for Texas on
Q: employer just informed me after that after 1 yr. They will terminate my employment or I can go to HR to

Discuss other employmet option. What should I do? my surgery is still in dispute. And I'm still off work. They say I have to have a full release by may 22. Or my employment will be terminated I don't know what to do and my attorney is not giving me any advice. (Sigh)

S. Michael Graham
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S. Michael Graham
answered on May 1, 2017

If you have an attorney, you need to discuss this with your attorney. Send your attorney an email. If your attorney will not communicate with you in a timely fashion, I suggest you fire your attorney. Under the Family Medical Leave Act, your job is only protected for 12 weeks. Your employer then... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I hurt my back in 08/13. MMI and payments in 14. Back is getting worse, seeing pain Dr. now. What else can be done?

Hurt back while lifting an animal at work. I've had 2 MRI's, a nerve study and been through PT 3 times. My back is only getting worse. I am seeing a pain management doctor now. I receive my MMI and 7 weeks of payments back in 2014.

S. Michael Graham
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S. Michael Graham
answered on May 1, 2017

You are entitled to reasonable and necessary medical treatment for life for your work related injury. It sounds like you are getting that with pain management. You could possibly be a surgical candidate. You will need your treating doctor to refer you to a surgeon. You will not be able to receive... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: If I get hurt at my main job, I claimed Workmans Comp, and I can not return to work, will it also pay me for my side job
S. Michael Graham
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S. Michael Graham
answered on May 1, 2017

Yes, you can claim lost wages from both your jobs. You will need to produce documentation from your second employment. See DWC Form 003me (Employee Multiple Wage Statement)

1 Answer | Asked in Workers' Compensation for Texas on
Q: Can I get a second opinion from an independent MD?

I was injured on the job in October 2016 (fracture of 1st and 2nd for) I had surgery 2 months later. Since the surgery I have had continued pain and swelling so the MD has kept me on light duty due to swelling in my foot ( my company has no light duty) so I have yet to be released. At my last MD... View More

S. Michael Graham
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S. Michael Graham
answered on Apr 21, 2017

You can get a 2nd opinion but you will have to have your treating doctor for workers' comp refer you to another doctor. If you choose to go to your own 2nd opinion doctor, then you will be responsible for the charges. If you are going to a state selected designated doctor, then they do not... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I've been on Texas WC for over a year. Thier refusing to pay for surgery .1 surgery was denied, 2nd request only approve

An L3 and S1 fusion, but now the company insurance is disputing that decision. What happens to me now.

S. Michael Graham
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S. Michael Graham
answered on Apr 18, 2017

If you have a serious injury, I would advise you to hire a qualified workers' compensation attorney. Getting surgery approved can be a complicated process. You will often have extent of injuries involved. You need to make sure your doctor's are following the ODG guidelines and protocal.... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Would you have someone I could talk to in the Austin are ? Thanks Roger
S. Michael Graham
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S. Michael Graham
answered on Apr 18, 2017

Look up Brad McClellan on the State Bar of Texas Website. Ph. 512-327-6884.

2 Answers | Asked in Workers' Compensation and Car Accidents for Texas on
Q: Was hit by a truck 13 mo. ago , can't get him to send ins. info. I've so far had back P.T.& rotor cuff operation

I was fired from work although the semi hit me & was he ticketed & my seat failed so that's their excuse to fire me . ( that dropped workman's comp aprox.$850.00 to $252.00 ) I got a bad arm burn from the belt , then thrown to the pass. side of my truck which hurt my lower back... View More

S. Michael Graham
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S. Michael Graham
answered on Apr 18, 2017

If you filed a claim in Texas and you are covered by a workers' compensation policy, then 100% of your medical bills should be paid for. You are required to use network doctors if you Carrier is in-network. I would advise you to call a workers' compensation attorney of your choice. Most... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I have an workerman case in Rochester, NY. I moved to Killeen TX. Can I get help in Killeen Tx?
S. Michael Graham
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S. Michael Graham
answered on Apr 13, 2017

If the claim is filed in NY, you will need an attorney admitted to the bar in NY.

1 Answer | Asked in Workers' Compensation for Texas on
Q: If I receive a 1099 and I get hurt on the job, am I entitled to worker's comp benefits?
S. Michael Graham
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S. Michael Graham
answered on Apr 11, 2017

You must be an employee and not an independent contractor. A 1099 is not conclusive evidence that you were an independent contractor. The question revolves around whether the employer had the right to control the details of your work and whether you were free to do other jobs. There are some other... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Why won't a doctor see me while my Tx. workers comp. case is being disputed?

I have been seeing a doctor for 16 yrs. for a work related back injury. Out of the blue,Texas Mutual has denied my benefits. I have since obtained an Ombudsman to dispute this but now my doctor is afraid to see me fearing it may cost his office money even though the Ombudsman said they could see me... View More

S. Michael Graham
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S. Michael Graham
answered on Apr 11, 2017

My advice would be to have an ombudsman set the matter for a Benefit Review Conference hearing. You should pay for your meds out-of-pocket until the matter gets resolved. Keep all your receipts and payment documentation.

1 Answer | Asked in Workers' Compensation for Texas on
Q: What to do if workers comp doesnt accept upgrade from my doc & the workers comp second opinion doc disagrees with my doc

I work for post office and have been hit twice blindly from behind in mail truck 3 months apart while sitting still. First doc gave diagnosis of sprain which was accepted however I kept complaining and did MRI which showed herniated disc and did get injections however workers comp wouldn't... View More

S. Michael Graham
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S. Michael Graham
answered on Apr 4, 2017

I don't handle Federal Workers' Compensation cases. My first suggestion is to look for an attorney that handles Federal WC and give them a phone call. Most will speak to you over the phone for free. I would believe you will need your doctor to state that the autmobile accident was a... View More

1 Answer | Asked in Child Custody for Texas on
Q: My ex took my son and doesnt want to give him back what can i do
S. Michael Graham
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S. Michael Graham
answered on Apr 3, 2017

I would advise you to contact a family law attorney immediately. You also might be able to contact the attorney general's office to see if they can advise you.

1 Answer | Asked in Workers' Compensation for Texas on
Q: my son was hurt at work, did drug test, failed. Requested new drug test but got fired before results which were clean.

The whole workers comp case was a 2 hour ordeal of the boss not doing anything. It wasn't until I went up there to get him to the ER that she finally acknowledged him. Meanwhile he was bleeding from deep cuts and all she wanted him to do was clean up blood. I had to go to work so They... View More

S. Michael Graham
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S. Michael Graham
answered on Mar 31, 2017

If your drug screen test comes back positive, you might want to get another test on your own immediately. A positive drug screen creates a presumption of "intoxication". You must overcome this presumption. If you are not able to overcome the presumption, then you are not entitled to... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I had my thumb amputated above the knuckle. What is the settlement worth and how do I know if
S. Michael Graham
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S. Michael Graham
answered on Mar 28, 2017

Assuming this is a Texas workers' compensation claim, your thumb will be evaluated by a doctor under the 4th Edition to the American Medical Association's Guide to Permenant Impairment by a doctor certified to do impairment ratings. If you disagree with the rating, you can challenge it... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Can I due my employer or workers compensation

In 2015 I was injured at work ..I usually have help to do some of my jobs ..After doing job on my own for 6 mths ..Ladder had slipped out ..I fell cause herinated disc ..After dealing with workers compensation for 8 mths I decided to use personal insurance to seak medical help will still working at... View More

S. Michael Graham
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S. Michael Graham
answered on Mar 24, 2017

If I'm understanding you correctly, you were using Texas workers' compensation and then decided to begin using your private health insurance. And, under your private health insurance you had a disc fusion on 03/06/17. It will be difficult to pursue this under workers' compensation... View More

2 Answers | Asked in Workers' Compensation for Texas on
Q: I had my thumb cut off in 2011 it was put back on and was all through workers compensation

It has always had a little pain here in there fast forward 2017 my thumb has a lot pain and I can barely move it can I go back to the doctor so they can take a look at it because I was told I can go to the doctor for life and if so where and who would I call

S. Michael Graham
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S. Michael Graham
answered on Mar 21, 2017

I agree with attorney Warren. You can go back to the doctor. You need to go back to your treating doctor or a referral of the treating doctor. You can't just choose any doctor. Call the adjuster to see if a network has been established. If your doctor is not in the network you may have to... View More

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2 Answers | Asked in Workers' Compensation for Texas on
Q: Texas teacher injured in a fall. TASB Risk Management does not have a specialist in network within 100 miles. Options?

I am a teacher/coach in Texas. I fell at practice and injured my back. Went to Urgent Care, x-rays negative, did conservative treatment which didn't work. Went back, MRI ordered and revealed multiple protruding disks and was referred to ortho spine specialist. He is no longer taking workers... View More

S. Michael Graham
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S. Michael Graham
answered on Mar 21, 2017

You can contact the network administrator and ask for an out of network exception. Or else, you can drive to the network specialist and submit a milage request for reimbursment for a doctor that is over 30 miles from your home. I always try to make a written list of each doctor and/or medical... View More

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2 Answers | Asked in Workers' Compensation and Employment Law for Texas on
Q: I am a CDL driver, I hurt my foot getting out of the truck, the company have their own insurance similar to workers com

The doctor release me for light duty none driving, the compa the company wants me to work for a thrift store paying me minimum wage till i am fully releases to drive again do have to accept that?

S. Michael Graham
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S. Michael Graham
answered on Mar 10, 2017

If your company does not have workers' compensation through the Texas Department of Insurance, Division of Workers' Compensation, I am not sure what the answer would be to having to accept light duty. Under Workers' Comp, you would have to accept the modified work or else loose the... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Do I have to have a close MRI, when I asked for an open one because I am claustrophobic
S. Michael Graham
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S. Michael Graham
answered on Mar 7, 2017

I have never seen a problem with getting an open MRI when someone feels uncomfortable. You might try switching to a different MRI facility if they can't do it. You can contact your wc adjuster to discuss it.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Am I eligible for income benefits for a follow up surgery a year after my claim?

I broke my hip on the job a year ago, and my surgeon is now recommending a follow up surgery to remove my surgical hardware and remove a bone spur that is likely to cause further damage if left alone. He estimates a six week recovery period after the surgery. Is my Texas workers comp provider... View More

S. Michael Graham
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S. Michael Graham
answered on Mar 4, 2017

If you have already received your impairment rating and it has been over ninety days since you received it, then you would not be entitled to additional temporary income benefits. There are exceptions to the 90 day rule, but I don't think the facts of your case would qualify. However, you... View More

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