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Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Texas on
Q: I had an MRI by Workers comp less than a month ago, after reviewing their report I didn’t think it was accurate.

So, I sent the MRI images that came on the CD to a different Doctor for a second opinion. They do not allow you to provide any info other than the MRI images. This doctor said I had a tear in my meniscus which definitely seems reasonable considering the fact that my pain has been ongoing for two... View More

Roy Lee Warren
Roy Lee Warren
answered on Jun 28, 2018

Stupid and unreasonable, I agree. You will need to ask for medical dispute resolution (MDR) through the DWC. If you cannot find a lawyer, DWC will appoint an ombudsman to assist you with your claim.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I was fired instead of being allowed to return to work. I am still under docs care. Should I still be getting a check?

My employer refused to accommodate the docs restrictions. I received comp for lost wages up until the day those restrictions were lifted. However, my employer refused to let me return to work and instead fired me! I am still under docs care and am having a second surgery for the injury. Is WC... View More

S. Michael Graham
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S. Michael Graham
answered on Jun 28, 2018

You should still be entitled to income benefits and reasonable medical care. You may need a hearing to get these matters settled. My advice is to contact an attorney experienced in workers' compensation law. A lot of attorney's will speak to you for free over the phone. Feel free to call... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: What reasons after surgery did my benefits get cut off? And therapy denied
S. Michael Graham
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S. Michael Graham
answered on Jun 21, 2018

You question is not specific enough to provide a meaningful answer. Call a competent attorney to discuss your issues. Most workers' comp attorney's will speak to you for free over the phone. Just make sure the attorney handles administrative hearings before the DWC.

1 Answer | Asked in Workers' Compensation for Texas on
Q: if I applied for workmans comp. in Texas. do I have to notify any one if I find new employment?
S. Michael Graham
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S. Michael Graham
answered on Jun 16, 2018

No. Workers comp claims are confidential unless they reach the district court level.

1 Answer | Asked in Workers' Compensation and Insurance Bad Faith for Texas on
Q: Insurance company is refusing to pay my father's life-time settlement agreement for 4yr now which is to pay 15k/yr

He was awarded in court a life-time settlement. We have all the paperwork and even the original checks from the initial payout. However the company that is now supposed to pay the 15k per year is refusing to pay. Calling them just sends you from employee to employee, in circles. One lady flat out... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jun 6, 2018

You can contact an attorney of your choice or else you are free to contact my office.

An attorney will need to review the file and paperwork to determine what benefits are due and owing. My website is www.onthejobinjury.info. Ph. 214-358-6060

1 Answer | Asked in Workers' Compensation for Texas on
Q: Can contract workers get workers' compensation for injuries caused on the job?
S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jun 4, 2018

If you are truly an independent contractor for an employer you wouldn't be covered under workers compensation. However, if you are a contract worker and a temporary employee, then you would be covered. If you are an independent contractor and somebody else was negligent in causing your... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: injured 4y ago working for a city in texas, mmi was 52% impared 100% disabled. cant work iib ended ssdi750 what do i do?

i ruptured 2 discs in neck and one in back from,falling head first off a dump truck i was working on without proper equiptment available, was told by wc i couldnt sue the city for my injury and wc was only temporary even though i can never work again, i had surgery for 1 disc in neck, i have lost... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jun 4, 2018

If you do not qualify for LIBS and your IIBs have run out, you can still apply for SIBS. You have to document an "active effort" to seek employment within your work restrictions. These SIBs benefits are available for 401 weeks from your date of injury.

2 Answers | Asked in Workers' Compensation for Texas on
Q: Can my employer legally attend my workmen's comp doctors visit? I'm in Texas.

I work for a manufactured homes business and I hurt my lower back on the 3rd time I hurt it they finally took me to the doctor and the safety manager took me. She then walked in to the appointment with me and sat down and even talked to the doctor. Then did the same thing for the follow-up today.... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 31, 2018

Your employer may not attend the doctor's appointment with you if you do not choose. This is private healthcare. This might cause problems with the employer, however. You would also need to know if it is workers' comp through the Division or an occupational injury plan. A plan is... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Should I be paid for time spent with multiple doctors visits and physical therapy resulting from job injury?

64 yrs . old Home Depot 14 yrs. Health issues changed full time to part time 12 hrs week. Injured 07/02/17 on job. 4 mos after injury, terminated 11/27/17 allegedly for tardiness. Still under home depots Liberty Mutual workmens comp doctors care. Job injury resulted with surgery (nerve damage)... View More

Roy Lee Warren
Roy Lee Warren
answered on May 6, 2018

You should ask for a BRC to resolve your issues. If you travel more than 30 miles one way to a medical provider you may be entitled to mileage reimbursement also. If you have restrictions on your ability to work, such as being restricted to part time work, you may be able to obtain TIBs for lost... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: if diagnosed with crps after impairment rating will rating be adjusted?

or does this diagnosis merit permanent income benefits?

Roy Lee Warren
Roy Lee Warren
answered on May 1, 2018

WE wish there was a class for "permanent" but no, the only similar class is LIBs but the statute sets forth the only injuries that qualify for LIBs. If the CTS was diagnosed prior to the 2 year anniversary of your injury you have a chance to get it revised/modified, Speak with a lawyer... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: If it's my first time getting hurt on the job can they ask for medical records?
S. Michael Graham
PREMIUM
S. Michael Graham
answered on Apr 11, 2018

You do not have to provide your medical records. However, the Carrier can deny your claim also. If you put your medical at issue, the Carrier will have a right to look at your medical before they become legally obligated to accept your claim.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Been injured on the job and working with accommodations. If I quit, is workmans comp on the hook for the rest of rehab?
Roy Lee Warren
Roy Lee Warren
answered on Apr 9, 2018

Yes, changing jobs does not affect your entitlement to life-time medical for your on the job injury.

2 Answers | Asked in Workers' Compensation for Texas on
Q: Why would they ask for medical records on workers comp?
Roy Lee Warren
Roy Lee Warren
answered on Apr 9, 2018

Well it depends on the context in which you as, but generally they are looking for pre-existing conditions to claim you had previous injuries. They could also be looking for "contribution" from other carriers. But if its a new employer and you have not been injured it is a violation of the law.

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Can a person file pain and suffering under Workman comp in Texas
Roy Lee Warren
Roy Lee Warren
answered on Apr 5, 2018

Unfortunately, "No", particularly if there is wc coverage. However, Texas is unique in that employers can opt out of wc coverage. If your employer does not have wc coverage and you can prove negligence you may be able to get pain and suffering. Good luck.

1 Answer | Asked in Workers' Compensation for Texas on
Q: In Texas Workers Compensation if a judge issues a subpeona for medical records what are the guidelines?

Can the other parties lawyer call my physicians and ask questions? I need an idea of how it all works ASAP.

Roy Lee Warren
Roy Lee Warren
answered on Apr 4, 2018

Can the defense lawyer speak with your medical care provider? Yes they are an agent of the insurance carrier and because the carrier has that right so does its lawyer. Also if it is a network doctor (actually selected to the network by the carrier) you can expect they will be cooperating with the... View More

2 Answers | Asked in Workers' Compensation for Texas on
Q: What is the average impairment rating for rotator cuff surgery? No discal clavicle repair.
Roy Lee Warren
Roy Lee Warren
answered on Apr 4, 2018

I am sorry to disappoint you but it would not be fair to give an "average" IR for such an injury because the IR depends on an examination of the individual which then determines placement into a particular category or the rating is determined by range of motion tests (ROM) as required by... View More

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2 Answers | Asked in Workers' Compensation for Texas on
Q: Can a Designated Dr put me at MMI with IR without me been present & PTP acceptance of the IR and MMI date of his repo

My first DDE was on 12/20/2106 @ that visist the Dr had me at NOT reached MMI with a possible statuary date.

The second DDE was on 3/20/2018 he certified me with MMI / IR on that date , with retrospective date of 6/13/2017 is that possible ? My PTP never certified , signed any MMI /IR for... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Apr 4, 2018

The DD must see you and do a physical examination to place you at MMI. However, as long as he does see you, the DD is free to back date the date of MMI. He doesn't actually have to see you on the back dated, date. The doctor doesn't need to have permission from anyone else to do this... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I had an accident while traveling on business and paid out of pocket expenses for the first 2 weeks before Workers Comp

I am told there are limits t what I will get paid back but cant find the details. How do I go about getting the insurance company to pay my out of pocket expenses.

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Apr 3, 2018

Workers' compensation is an insurance policy, so it will not cover typical out of pocket expenses like food, clothing, driving to the doctor's office (unless over 30 miles one way), gas. For example, if you use your private health like Blue Cross, you wouldn't ask them to pay out of... View More

Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.

I have been employed with United Healthcare since 2009 a new supervisor was transferred to our company from Florida. I received a letter stating I will be terminated as of 4/2/18 even though I did not voluntarily quit. My insurance was all so cancelled I am still under psychiatric care due to I had... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Apr 3, 2018

Mental trauma injury is not covered by workers' compensation unless it involved a one time event resulting in the trauma. If you have issues with your supervisor who is discriminating against you because you have an injury, you will need to consult with a labor and employment law attorney.... View More

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