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MRI showed several bulging disc,on several levels, it also showed severe central canal stenosis, the workers Comp insurance denied my claim saying everything on the MRI was pre existing?
answered on Nov 21, 2018
Hello:
I'm Michael Graham. I'm sorry to hear you are having a hard time with your workers' compensation carrier. Denial of the full extent of your work related injury is typical for insurance carriers. You will most likely have to go through the administrative hearing process... View More 
I had a knee wore out from competitive use in my line of work but was feeling no pain and was working. Then I slipped and twisted the knee and after that knee started buckling. I climb for a living so reported injury and told them no longer felt safe climbing. My wife has health insurance for us... View More
answered on Oct 23, 2018
Hello:
I'm attorney S Michael Graham
Feel free to call me at my office to discuss the facts of your case. My office number is 214-358-6060.
Employer and insurance carrier is telling me Louisiana but rules I read said Texas since Texas company. Insurance said if filed in Texas will deny claim. can They do this?
answered on Oct 23, 2018
If you were hired or recruited in Texas and then you went to work in Louisiana, Texas would have jusisdiction. You need to speak directly with an attorney to make a final determination on jurisdiction. I don't know if you could file I now Louisiana as well.
We live near dallas, and my husband works in construction, he was sent to amarillo, a week or two after coming home he fell ill, and had to go to the er. The dr.s say it is more common in the west than here, and really rare here. Workers comp, is saying he's denied, because they didnt... View More
answered on Oct 13, 2018
Hello:
I'm S Michael Graham. I'm sorry to hear your husband fell ill. In order to prove your accident is work related, you would need to get to a pulmonary specialist type doctor. A medical expert that can give an exact diagnosis. If he was working on an oil rig or at a specific... View More
I was backed into on domino's parking lot by a delivery driver. Domino's took care of the medical bills but is saying to me as of today they aren't obligated today me lost wages know that it wrong I looked. I needn't money.
answered on Oct 11, 2018
You have a claim for your injuries and lost wages. Contact a member of the Texas Trial Lawyers Assn for the County where it happened. They give free consultations.
I didn't go to ER, I went on the 4th day after the fall. my fall was not my fault managers told me. They watched the video, and said it was a hard fall. My back, neck,and head hit hard. The first PA I saw he didn't really examine me. He wrote a note for me to not lift more than 15lbs,... View More
answered on Oct 4, 2018
Whether you get a 2nd opinion depends on what for...If your employer had WC coverage you probably should request an ombudsman through DWC to assist you with your claim. The are appointed to help you by DWC and they are free.
i had my 1st surgery in May. been home re-cooping / PT afterward. in late Aug they had me come back at a desk job. im a truck driver / warehouse by trade. i have a frozen shoulder and waiting on surgery #2. i got let go today for sending inappropriate im's. ( i think theses is more to it ) i... View More
answered on Sep 26, 2018
If you are fired for cause, you would not be entitled to off work (TIBs) benefits because the reason you are not earning income (wages) is because you were fired and not because you have an injury. If you can prove the reason they fired you was not for cause such as they were just looking for an... View More
I was injured at work and initially had a urine screen for drugs at hospital immediately and had no drugs or alcohol found in my system. I am requiring a third surgery, the insurance nurse case manager has been having drug screens without my consent or knowledge.on the third incident,I inquired... View More
answered on Sep 26, 2018
Without more facts it would be difficult to know for sure why the screening was performed. The NCM can't order the screening on her own. She would have to speak to your doctor(s) to have them order the testing. You should find out which doctor ordered the test and then speak to them about why... View More
My employer is now demanding that my appointments be all outside of my work hours which takes me away from my own children and causes me more expenses to have to get care for them as I can not be there. They have also stated that the dr adding the restriction of always having an aide in my... View More
answered on Sep 9, 2018
You have several questions that would be better addressed by speaking to a workers' comp attorney. You do have the right to attend a doctor of your choice as long as they are in the ISD network/ association. You can go when the appointment is available and is convenient for your schedule. With... View More
Since seeing a Designated Doctor assigned by WC, to assess max medical improvement, I received a letter saying he deemed me only 1% permanently disabled. Because of his evaluation, WC is going to stop paying me! I have not been medically released to go back to work, and I have an upcoming... View More
answered on Aug 30, 2018
Unfortunately I do believe you need to obtain a consultation with a a wc lawyer to at least make sure you dispute the MMI/IR is you disagree with it. If your doctor is recommending surgery MMI would seem premature. I believe the process for determining MMI has inherent flaws because the DD does... View More
DOI 3/19/18; pt seen x 2 at different UC clinic. Seen at our facility starting 4/24/18. Released RTW on 7/30/18. Letter from ins on 7/31 requests DD to do MMI/IR - all appropriate, I believe. However, form DWC-032 lists statutory MMI date as 3/24/18, 5 days after DOI. I thought it was 104... View More
answered on Aug 30, 2018
You ask a good question where the answer can be confusing. To understand the answer you need to know the date when income benefits "begin to accrue". The MMI date IS 104 weeks after "income benefits accrue".
The MMI date is the earlier of:
(A) the earliest date... View More
answered on Aug 24, 2018
You would not get paid. This is really an employment and Labor law question as opposed to workers’ comp which deals with on the job injuries.
Am a pilot based in Houston and living in Corpus Christi. Hurt shoulder in Feb. and been on wc since. Doctor says I am able to do some light duty, no more than 4 hours per day. Company has been telling me to stay home until today. They want me to come off wc and they will pay me to come to the... View More
answered on Aug 22, 2018
Your situation is somewhat tricky. I do not think you would need to accept the offer. You should be able to be paid through workers' comp. It would be advisable to contact a workers' comp attorney to discuss your particular situation in more detail.
My company claims it's not job related. I am a construction manager in a highly stressful position.
answered on Jul 26, 2018
It could be work related but you will need an expert medical opinion to state that it was work related. The medical expert will need to explain what you were doing that day caused the stroke. I don't think you could claim that since you have a very stressful job, that over a period of time,... View More
My fiancé got into a minor accident while on the job. He refused medical treatment as he felt fine and there was no bleeding, just minor bruises. He finished up the work day with no problems but the next morning he woke up with his body feeling a bit sore and decided just to call in sick. He did... View More
answered on Jul 25, 2018
If your husband missed a day of work, the employer is required to file a claim. He doesn't have to go to the doctor if he doesn't want to or he doesn't feel injured. If he is injured, he could also go to his own doctors and pay out of his own pocket instead of having workers'... View More
Son slipped n fell, dislocated his knee, was not under the influence of weed at time, but he does smoke, he knows he'll fail drug test, he knows he may get fired for a positive result, but will company still be liable to cover his medical needs
answered on Jul 19, 2018
Yes. He should contact a member of the Texas Trial Lawyers Assn in the area where he works that handles comp---they give free consults.
Benefits have been suspended. Dr’s office won’t submit updated status and work report adjuster needs every 30-45 days to release benefits. Dr says all insurance will pay for at this point is surgery. Adjuster says they’ll cover whatever Dr request. See the circle? I have a herniated disk at... View More
answered on Jul 12, 2018
The general rule is that the ODG Guidelines recommend the least invasive treatment before engaging in more invasive treatment such as surgery. The protocols for each type of injury would be different. ODG will usually only allow limited therapy and injections. Your next step would be surgery if he... View More
He was told that he has whiplash and some bruising to his left shoulder causing him to miss work. He was checked out by the company's physician and although she confirmed the whiplash and bruising to his left shoulder, prescribed him some Motrin and a muscle relaxer, she cleared him to return... View More
answered on Jul 10, 2018
If the employer purchased a policy of workers' compensation, your son could get his medical expenses and lost time paid through the workers' comp carrier. You cannot collect pain and suffering under workers' comp because it is a policy of insurance only. Your son could make a claim... View More
The nerve damage has caused difficulty in full use of my hand. I had an EMG test and they found nerve problems did exist. The surgery or the nerve block used have caused secondary problems. Is this something I should or could consider filing a malpractice suit on?
answered on Jul 5, 2018
You would have to get a second opinion from a neurologist implicating that the previous surgeon was at fault
I am going to my 2nd brc hearing.
Cannot find a lawyer willing to represent me.
Have no faith in these ombudsman.
Feel like Im being ushered into a screwing.
Please help.
answered on Jul 4, 2018
Make sure you consult with an attorney that handles workers comp. If an attorney will not assist you, you probably will be stuck with the ambudsman assistance program.
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