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Texas Workers' Compensation Questions & Answers
0 Answers | Asked in Workers' Compensation for Texas on
Q: Can a chiropractor give a injured workers compensation employee a disability rating when the employee has neurological i

Broken neck, stroke never performed physical examination.chain of causation in existence of current injuries.

Q: If you're old employer lies in a workmanc comp hearing can you sue for deformation ? He committed perjury.

"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.

If your...
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0 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on
Q: I got falsely accused of being high at work, should I be worried?

I live in Texas and I work for Starbucks. Today my manager called me to the back and said 3 people said on Saturday I “smelled and acted weird” and she asked if I was high. I told her I wasn’t and have never smoked in my life. The smell could’ve been that I didn’t shower cause I woke up... View More

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Construction Law for Texas on
Q: Do I have a "pain and suffering" case?

I deliver lumber for a company. On Oct 20, 2023, I was delivering a load to a job site where the lift fell into a septic tank, which resulted in tearing my rotator cuff. I found out that the builder knew the septic tank was there, but only placed small flags to mark the area. Considering that... View More

S. Michael Graham
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S. Michael Graham
answered on Jan 30, 2024

You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.

1 Answer | Asked in Workers' Compensation for Texas on
Q: My husband, John, got a torn right rotator cuff injury at work. He has seen a doctor for this and is currently receivin

workers compensation. He also has esophageal cancer that is metastatic and extremely aggressive. He days ago recieved the pt scan results that indicate the cancer has spread to more areas of his body. Our question is, being that this cancer is as aggressive as it is, is there a way to get a... View More

S. Michael Graham
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S. Michael Graham
answered on Dec 27, 2023

I sorry to hear you husband is having a rough go of it. If your claim is filed through the Texas Department of Insurance, Division of Workers' Compensation, there is no settlement. If surgery has not been recommended or he chooses not to have the elective surgery, you could attempt to get an... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: If I was let go from my job because of my injury, can I steal get my impairment, income benefits in a lump sum?

Everywhere I read, it says I have to return to work for three months in order to receive my impairment, income benefits in a lump sum, is this true if I was let go of from my employer, because of the injury

S. Michael Graham
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S. Michael Graham
answered on Dec 27, 2023

Yes. That's true. Contact OIEC 1-866-393-6432 or an attorney of your choice to verify. You must have worked for 3 months earning 80% of pay.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Workers comp is saying they need to verify my impairment rating even though their certified, Doctor conducted rating.

Workers comp certified doctor gave me a rating of 44%. Worker’s Comp. said they will give me impairment rating benefits at an impairment rating of 5% until they can verify the 44%. How can they legally do this since my impairment rating came from their certified doctor to begin with?

S. Michael Graham
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S. Michael Graham
answered on Dec 27, 2023

The Carrier does not have to accept the rating provided by the state selected Designated Doctor. They can hire a private doctor (RME) and require you to go to this doctor. Then they can challenge the rating before and Administrative Law Judge (ADJ) in a Contested Case Hearing (Administrative Court).

3 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Was hurt at work. Insurance company treated herniated disc in my back. Now they are saying it was not part of the injur
John Michael Frick
John Michael Frick
answered on Dec 7, 2023

A herniated disc is a relatively common injury that can result from a work-related accident or several other possible causes. It can occur as a result of an acute trauma or develop gradually over time. Particularly in the latter case, it may go completely unnoticed by the patient and not produce... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: If I’m ready to be released back to work and I feel my doctor is just dragging it out, can I demand to be released back?

I am ready to go back to work but i feel my doctor is dragging it out. Can I request to be released to go back to work or can the doctor refuse to release me?

T. Augustus Claus
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answered on Sep 29, 2023

Generally, a doctor has a professional responsibility to only release you to go back to work when it's medically appropriate. If you disagree with your doctor's assessment, you may seek a second opinion.

Q: ERISA502(A) My employer's Workmen's compensation plan is based on this part of the law, but they are not compliant.

They are not providing proper medical care

S. Michael Graham
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S. Michael Graham
answered on Aug 19, 2023

My law office doesn't handle ERISA claims. If your claim does not involve negligence on behalf of the employer or other third party, it is almost impossible to obtain legal representation. For this reason, the Carrier's offer little to no support. I like to refer to it as fake... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I lost my workers comp case in TX 5 yrs ago. Pain is 1000% worse now. Can I re-open claim?

The carrier claimed my lower back injury was pre-existing & ironically, judge said not enough evidence to show it was an aggravation of prior injury. I have been to 5 physical therapists, chiropractors, ortho doctors & pain is far worse. If this was the simple “strain” the court made it... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

Probably not.

Many people develop back problems like degenerative disc disease with age.

Many people remain unaware and without symptoms until they suffer a relatively minor back injury like a sprain.

Once they become aware of the problem, they become very attuned to the...
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1 Answer | Asked in Workers' Compensation for Texas on
Q: Won CCH hearing. And was awarded benefits up until date of hearing. The insurance company appealing the decision.

Do I have to wait until the appeal panel decides or do I receive my benefits now

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

If the benefits are TIBs, you should receive them promptly but they will be subject to clawback if the carrier wins your appeal from any future IIBs.

1 Answer | Asked in Workers' Compensation for Texas on
Q: The report from the IR reviewDr was delivered the same day as my hearing. Didn’t get to read it. How is this legal?

A designated Dr agreed I had compensable injury. Carrier has an IR Dr. Examine me. His report was fairly neutral & recommended more testing. The IR report shows up minutes prior to final hearing! I didn’t have a chance to read it. Was this dirty pool or typical for workers comp cases in TX?

S. Michael Graham
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S. Michael Graham
answered on May 17, 2023

If the report was not timely exchanged before the hearing, you could have objected to the admission of this exhibit. It's not dirty pool in my opinion. The lawyer probably just got the report. His duty to his client is to try to get it into the trial. It's your job to object to the... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Civil Litigation for Texas on
Q: Can I sue for being terminated for accidently falling asleep at my home desk.

I work from home and accidentally fell asleep at my desk, I work two jobs and goto school which I had clarified to my boss before the incident and she was actively working with me to find solutions (ie scheduling myself PTO/UTO.) I had came back from my scheduled time off and was terminated... View More

John Michael Frick
John Michael Frick
answered on May 9, 2023

Probably not.

It isn’t unlawful employment discrimination. Unless you have a contract that limits the reasons your employer may terminate you which doesn’t encompass falling asleep during your workday, you don’t have any legal recourse under the facts presented.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Coworker cause my accident and we're both employed at the same place I cannot sue them for negligence can I

I was injured on the job February 9th 2021 by my production manager turned up the machine and it sucked me in and how's the bad accident to me 18% impairment rating but I'm being told that I cannot sue the company because we were both employed there and since workman's comps paying... View More

John Michael Frick
John Michael Frick
answered on Apr 23, 2023

Under workers compensation laws, a worker who is injured on-the-job is not required to establish that his employer or a co-worker was negligent in order to receive compensation for medical expenses and lost income. In exchange, the employer is not subject to a personal injury lawsuit by the... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I recently got hurt at work I'm on light duty at the moment. Is my position protected?

They moved me to a different department I was told temporarily while being on light duty. But just two days ago one of the coaches acted as if he is switching me permanently. Which means I get to pay decrease and lose my position I had all do to be hurt. I work at Walmart is this allowed

S. Michael Graham
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S. Michael Graham
answered on Mar 13, 2023

If your claim is in Texas, Walmart no longer carries workers' compensation through the Texas Department of Insurance, Division of Workers' compensation. They are nonsubscribers to workers' comp. Walmart has it's own private insurance. I believe your employer can permanently... View More

1 Answer | Asked in Workers' Compensation and Social Security for Texas on
Q: Can my w.c. case be closed because my pain doctor, who I have seen for 18 years, used the wrong compensable injury on

the claims sent to my adjuster? Without my knowledge, my doctor started filing on my medicare when W.C. stopped paying him, almost 2 years ago. I called my adjuster & she said if he had listed the correct compensable injuries (L. foot (CRPS), Neck, Rt. shoulder) he would have been paid. Today I... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

It is possible that your workers' compensation case could be closed if the wrong compensable injury was used on the claims sent to your adjuster. However, this would typically require some sort of legal action, such as a hearing or settlement agreement, which would likely involve notification... View More

3 Answers | Asked in Workers' Compensation for Texas on
Q: My sister was injured at work. Workman’s Compensation is denying surgery despite the MRI findings of a torn rotator cuf

MRI shows torn rotator cuff in three tendons. What are her next steps. She lives in Texas and cannot afford to hire an attorney. Should she have surgery done under her private insurance?

Tim Rose
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Tim Rose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2023

Sorry to hear she is having trouble. She likely CAN afford an attorney as most workers' compensation attorneys work on a commission basis - no fee until you win. I would suggest looking in the Justia directory for the area of Texas where she is and see if there is an attorney to consult with... View More

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1 Answer | Asked in Libel & Slander, Employment Law, Workers' Compensation and Civil Rights for Texas on
Q: Do you believe under any section on any category are black people seen as equally equal or separateed equally equal?

Honestly honest opinion

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”

In my professional experience, I have rarely seen individuals treated...
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1 Answer | Asked in Workers' Compensation for Texas on
Q: Do I still go to my dr? Why did the catscan show one thing but X-ray from company dr show different? Are they lying?

I was at work. Got hurt ambulance took me to ER. They did a catscan and said my nose was broke and return to regular duty after follow up with surgeon. My jobs safety talked to person doing paperwork and told them to put me on light duty so they changed it on the paper. The next day the hospital... View More

John Michael Frick
John Michael Frick
answered on Jan 16, 2023

CT scans are an advanced type of X-ray that shows blood vessels, organs, and other soft tissues well.

X-rays do a better job showing showing the skeletal structure including broken bones.

Different radiologists occasionally disagree on what the exact same test shows, and more...
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