Q: Does workers comp have to abide by what the designated Dr who did my MMI tells them to or can they keep denying everythi
Workers comp is disputing part of my back injury. Three different doctors plus my designated Dr who did the MMI all agree that part of my spine injury is related to fall. However work comp keeps denying everything for the back. October 13 will be a year.
A:
I am sorry for your plight. The Supreme Court of Texas (SCT) did the injured workers of Texas no favors by ruling they cannot sue insurance carriers for bad faith. I believe the SCT is wrong with the decision because it is to interpret the law, not make it. With its ruling the SCT has usurped the legislative powers of the State by essentially rendering Section 416 of the Texas Labor Code meaningless. That Sections states that, "Sec. 416.002. EXEMPLARY DAMAGES. (a) In an action against an insurance carrier for a breach of the duty of good faith and fair dealing, recovery of exemplary damages is limited to the greater of:
(1) four times the amount of actual damages; or
(2) $250,000.
Each law is to be interpreted to give effect to the other laws but the TSC has rendered that statute surplusage! So essentially I am saying, "yes, the carrier can mess with you" and many times the goal seems to be to make workers just give up. I hope you are able to sort out the difficulties. Lawyers and medical care providers really have an uphill climb to help injured Texans.
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