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Questions Answered by Roy Lee Warren
1 Answer | Asked in Workers' Compensation and Appeals / Appellate Law for Texas on
Q: Exam date and certification date different what date is correct for MMI rating?

MMI sent to company doctor not my treating doctor company doctor accept MMI refused and was refused to go to primary doctor until 90 days up and primary doctor said not at MMI what will happen

Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

Thanks for your question. I have some difficulty understanding precisely what you are asking. So with that having been said I will answer as best I can. It looks as if neither doctor said you are at MMI? If that is correct then you will stay on TIBs until you reach MMI as certified by qualified... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should I find my own FCE specialist or is it in my best interest to use the one suggested by my treating physician?

At this point in time, I am currently working a modified duty assignment with the organization I work for?... so, I am guessing that with this study I will be closer to MMI, however, I do not feel that I am anywhere near 100% to do my job safely and efficiently. Any help is greatly appreciated!

Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

Thanks for your question. If you simply use your own medical provider for the FCE, you may have to pay for it yourself. You are correct that the IC is preparing to send you off to MMI land. They are in the business of collecting premiums, not paying claims so I would not be trusting everything from... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: in the state of Texas how is the waiting period for surgery approval ? Meanwhile how long do I have to go in pain?
Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

First, thanks for your question. The answer I must say, it depends. (I hate that answer but I will explain). If your case is being disputed, b/c the carrier is claiming surgery is not necessary b/c it's not related to a "compensable injury" it could be a while. Maybe 6 months, I know... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: With multiple charges, if some of the charges are dismissed, are bond conditions exclusive to those charges dropped?

In criminal cases, if a defendant is released on personal bond for multiple felony and misdemeanor charges, and if there are different bond conditions for the felonies versus the misdemeanors, what happens if the felonies get dismissed but the misdemeanors don't? Are the bond conditions which... Read more »

Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

I agree with his honor, I answer also to explain how dastardly the State can be on some case, particularly unpopular cases such as sexual assault of a child. They are not all guilty but I had a case where the person had to bond out twice, once after being indicted.

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2 Answers | Asked in Employment Law and Workers' Compensation for Texas on
Q: Can my boss reduce my hours while I have an open workers comp claim?

I tried to get partial unemployment but she gave me just enough hours to where I cannot receive benefits, is this right?

Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

Yes, and I am sorry for the way your employer is treating you. Just be sure that you comply with the restrictions your doctor gives you. If the employer tries to get you to do more, then you will have the right to leave the job. It could be the employer believes the propaganda about those who d/n... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: If workers comp denied a body part several times but later authorized treatment, what can I do?

I was injured on the job by a co-worker. Several body parts were said to be not compensable by workers comp. After being denied many times for treatment and a change of adjuster, my treatment was approved. I have had 3 MMI’s. Can you please tell me what steps should I take to discuss Why I was... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

Its complicated b/c a carrier (IC) may dispute an injury as not being "in course and scope". Once that issue is settled as a compensable, the IC can still dispute that medical treatment was not reasonable or necessary. I know of cases where there was a preauthorization and latter a... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Real Estate Law Question. We are purchasing a home and in contract, a week before closing the property flooded.

The property had flood insurance so the client went through insurance and was told they would be receiving $35,000. we asked our realtor to tell them we want the $35,000 or we wanted out on the property and we received a verbal yes but then they wanted to now only offer $20,000 instead of the... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

Thanks for your question. Make sure you carefully review the contract to determine if there is a "force majeure" clause which means "an act of God" clause which protects you in the event of a catastrophic event. If there is such a clause it is an escape for you if there was... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: I have been brought up on judicial charges & removed from my executive position in my sorority at UTSA because of a

social media post supporting “all lives matter” & would like to discuss this to find if I have any options to fight this. I have been called a racist, bullied & harassed by members of the sorority. Thank you in advance.

Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

Thanks for your question and I am sorry for the way you have been treated. You will need to find a lawyer that can help you with a civil rights claim as well as for a violation of your First Amendment rights (freedom of speech).

If your rights were violated by law enforcement it could be a...
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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do we fix this, isn’t it double jeopardy or something? My boyfriend had 3 traffic violations and a fta from 2013.

He had 3 traffic violations and a failure to appear from 2013. In 2017 he got arrested and spent 3 weeks in jail. The magistrate at that time gave him time served for the 4 warrants out of Daisetta, Texas. He has recently went to jail, got his truck and a borrowed trailer impounded over 1 of the 4... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

I am sorry for your troubles but I thank you for your question.

I'm not sure about the claim the magistrate did not have jurisdiction to give him "time served", or why you would be told that AFTER he already served the time. It is my opinion this is a claim that should be...
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2 Answers | Asked in Criminal Law for Texas on
Q: Delivery of control substance by a ci for the state of Texas maybe on video or recording trial date coming up but ci has

passed away, what or my best options for trial? Thanks for consideration.

Roy Lee Warren
Roy Lee Warren answered on Oct 19, 2020

Ms. Pace is of course correct but you probably want to know the law on the subject, correct?

Any statement by the CI would be considered "hearsay" b/c its an "out of court statement offered for the truth of the matter asserted". The Texas Rules of Criminal Procedure...
Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: State of TX can a defendant file a motion for a fast speedy trial before indictment on a capital murder charge
Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

Ms. Pace provides an excellent answer so I answer only to briefly explain an "examining trial". If you have not yet been indicted you are entitled to request an examining trial (ET). The trial must be held before the indictment, once you are indicted the ET will be cancelled. Also it is... Read more »

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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 »

Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

Thanks for your question.

As you are probably aware, statutory MMI is a legal fiction that mandates you have gotten as well as you ever will 104 weeks after your TIBs begin to accrue (essentially after you started missing work b/c of your injury). The MMI date is actually the date when...
Read more »

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3 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested 9/12/20. 3rd DWI. My court date is 11/2/20. My discovery has not released. my lawyer is from the court

I'm worried, being court appointed, I thought I would know what's going on right now. I need to know what my options are?

Roy Lee Warren
Roy Lee Warren answered on Oct 16, 2020

I agree with Mr. Rogers. Before spending your money on a lawyer first research the lawyer appointed and understand nothing will happen before your fist date, typically an arraignment for a felony. Your 3rd offense could be a felony but get the advise of a lawyer about that first. Good luck,

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2 Answers | Asked in Criminal Law for Texas on
Q: if a person has a delivery of controlled substance in the state of tx but the ci is not available for trial credibility

can that be apart of defense

Roy Lee Warren
Roy Lee Warren answered on Oct 17, 2020

Thanks for your question. I agree with Ms. Pace. This can be a complicated area of the law because of the hearsay rule and exceptions for non-availability of the witness. You have the right to confront those accusing you so I see that as a problem for the DA. Best of luck to you.

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2 Answers | Asked in DUI / DWI for Texas on
Q: DOES A OFFICER HAVE TO FULLY DEMONSTRATE SOBRIETY TEST? IN PARTICULAR THE HEEL TO TOE TEN STEPS AND BACK?

THE OFFICER ONLY TOOK 3 STEPS WHEN DEMONSTRATING. THEIR WAS 20-30MPH WIND FACTOR WITH RAIN HORRIBLE WEATHER MY UNDERSTANDING IS NHSTA PROCEDURES STATE TEST HAS TO BE FULLY DEMONSTRATED. I ALSO FOUND A PREVIOUS CASE WHERE IT WAS DISMISSED DUE TO COP NOT FOLLOWING GUIDLINES/PROCEDURES IE NOT... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 16, 2020

Although the cop may not have demonstrated the entire test, that alone will not result in suppression of the evidence, but it gives you something to argue to the fact finder. Good luck with your case.

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2 Answers | Asked in Real Estate Law for Texas on
Q: Adverse possession of property

I am trying to get a property in my name that was verbally given to me. The lady had passed away. Doing adverse possessions I have paid the back taxes and been update to date paying current taxes for the last 3 years. We have pictures of improvements we ha e made. I also have bills with my name... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

Well, I must ask, is someone contesting your ownership? If not and the other parties are willing to part with their interest I would suggest preparing and filing "an affidavit of heirship". IT MAY DEPEND ON THE VALUE OF THE PROPERTY.

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1 Answer | Asked in DUI / DWI for Texas on
Q: Why wont the prosecutor throw put my DWI case when i obviously didn't do it?

I had a seizure in my vehicle as I am an epileptic. The police arrested me for DWI. I had no alcohol in my system, but now they say my THC levels were too high, but no marijuana or paraphernalia was in the car.

Roy Lee Warren
Roy Lee Warren answered on Apr 4, 2020

I am sorry for your troubles. If the State cannot prove the "amount" or a quantitative level of the THC that would cause "loss of use of your normal mental or physical faculties" it will not be able to prove your case. In that situation my opinion would be to take the case to trial. Good luck.

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer refuse to pay their staff after saying that they would for a certain amount of time?

My employer told those who qualified would receive pay from March 19th- April 2nd. We were just told today that we would not be receiving said pay the day before we would get paid. Just wondering if they actually can do that.

Roy Lee Warren
Roy Lee Warren answered on Apr 1, 2020

I would look at the promise to pay as a contract type of agreement. To have a legal contract there must be an offer and acceptance and "consideration". "Consideration" means that each party agrees to provide something of value to the other. This can be an affirmative offering... Read more »

2 Answers | Asked in DUI / DWI, Traffic Tickets and Probate for Texas on
Q: Ima trying to know how long ima be locked up for
Roy Lee Warren
Roy Lee Warren answered on Apr 4, 2020

Because you asked this under "DWI" I will answer based on DWI 1st.

Each case must be evaluated on its own factual merits, so the range of punishment can greatly vary.

For a DWI guilty plea, I have had cases where plea bargains were negotiated for time served, (an over...
Read more »

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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 »

Roy Lee Warren
Roy Lee Warren answered on Mar 12, 2020

If your employer had wc coverage, sorry that's a complete bar to a PI case, except in a gross negligence case that results in death.

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