Q: Three years post injury, case still open, can I get disability now?
I was never taken off work. I barely work. Can I get workers comp pd or ptd disability if doctor requests? Pro per. Case was mishandled early on. Only now finally on track. I feel like unwell a lot. Spinal, nerves, brain. Edit: I am absolutely not in Texas. I am in CA. Maybe my profile is automatically set by my phone which for some reason also gives me search results for Texas?. I'll check my profile to see its correct. Thank you, edit: my justia profile doesn't ask for location. Not sure where my question states Texas?. I'm in CA.
A: Yes you can obtain further TTD, 2 years worth within a 5 year period. You may also have a CT which can extend this. Work comp is very complex. Call for a free and confidential consultation. Work comp attorneys provide free consultations.
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A: You're 'on track' in Dallas, TX for a California comp injury??? You cannot get PD 'if a doctor requests'. You only get permanent disability IF (1) a Treating PHysician elected from the insurer's Medical Provider Network -- the MPN -- writes that you have Whole Person Impairment, and does so in complete compliance with LC4628 (nobody in Dallas is going to be able to write that), or a Panel Qualified Medical Evaluation report finds there is industrial causation plus Whole Person Impairment (and all of these QMEs are in California, you cannot get one in Dallas). If the employer or insurer disputes the MPN Doctor's opinion or the QME opinion, you then proceed to a Trial at the WCAB IN CALIFORNIA for a judge to order that there is Permanent Disability due. You have 5 years from the date of an ACCEPTED injury to finish this, you have 1 year from a DENIED injury to get this on calendar for trial.
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