These are potential violations of the law which need to be addressed by the appropriate agencies like the state medical board, health department, OSHA, or district attorney's office. These violations do not fall under workers' comp which deals primarily with injured workers.

Unfortunately, the adjuster is not on your side. My advice is to contact a workers' comp attorney. It sounds like you are in for a fight. If you can get the ER doctor to write an amendment or correction to his notes then that would be very very important to try to get that done. The judge will... View More

You probably would be best advised to contact a workers' comp lawyer on the phone. It sounds like you are entering supplemental income benefits phase of your case. There are many legal rights and responsibilities that you need to be thoroughly familiar with in order to obtain these benefits.

I would think the doctor would take new measurements unless you are past your statutory MMI date. You are not required to have surgery. That is a personal decision. If you do not receive additional treatment, then the doctor will often use a date occurring before your visit with the doctor (back... View More

An attorney should respond to you within a reasonable amount of time. If your attorney will not respond to you, you can file a DWC 150A form to release your attorney from representing you. You can then possibly seek new representation if that is what you want.

My office can help to ensure that your husband receives a rating for his injury. We also work with medical professionals can can help to review the ratings to make sure they are fair and correct. We often have to challenge ratings before the administrative law judge.

When you get a chance,... View More

I would need more information to know exactly what they are disputing. Is it your whole claim? Is it the extent of injury? Is it the impairment rating? Depending on what has been disputed, you will be subject to different time frames. My advice is to contact a workers' comp attorney on the... View More

If you are unable to stand and you have not been placed at maximum medical improvement for your injuries, then you can be paid while you are recovering from your injuries. You should also be entitled to a permanent disability rating. I'm not too sure if it would qualify for the skin graft... View More

Yes. Ask the court to enter an order that it must be paid into a special needs trust, an account with a master pooled special needs trust (such as the ARC of Texas Master Pooled Trust) or a combination of these with an ABLE account on which you have signatory authority (see www.stable.org). Money... View More

If you quit, you will not loose your workers' compensation benefits for that reason.

The approval is authorized by the utilization review company that the Carrier subcontracts with. For Emergency there is no time line. For some emergencies it will be 72 hrs. For general denials it will be 3 or 7 days to respond to the request. Some DME less than $500.00 I believe doesn't... View More

You are correct. The carrier is trying to make you get a lower rating. You will likely need to fight this out at a DWC contested case hearing. My advice is to contact an attorney to represent you. There is potentially a huge difference in income benefits from a 14% and 15%. The reason is because a... View More

You can contact the Texas Department of Insurance, Division of Workers' Compensation. Your husband will need to provide his name and SS# and date of injury. They should be able to provide you with the information you need. You can also google the Insurance Company to see if they can tract the... View More

I'm not a medical doctor. I would generally state that you should follow your doctor's advice. If you don't trust your doctor's opinion, you might need a new doctor. I don't know if the insurance company accepted your tendon tear and your epicondylitis? You should ask the... View More

You must be able to prove to an administrative law judge that you were unable to obtain or retain your preinjury wages due to your compensable injury. The adjuster can either pay or not pay you depending on what she thinks this personally means to him/her. There is no magic requirement to have... View More

The rating seems about right for the injuries that you sustained. You do have the right to get a post designated doctor impairment rating. You can see if the post DD rating comes out to be the same. If there is a substantial difference, you might want to challenge the first rating you received. You... View More

If your employer purchases a policy of workers' compensation, then you are barred from suing the employer for negligence unless there is death and gross negligence involved. This is the main reason employers choose to purchase workers' compensation. That is, so they will not get sued when... View More

The insurance Carrier does have the right to make a legal challenge to your 15% rating. However, you have some bullets to fight back with. You have the 15% rating. You can also obtain an alternate impairment rating from another doctor. You will almost certainly have to attend a Contested Case... View More

If your daughter works as a public school in Texas, she will be covered by workers' compensation. If she works for a private institution, there may or may not be workers compensation coverage. If she is covered by the Texas Department of Insurance, Division of Workers' compensation, she... View More

The general rule is that you must go back to work if your employer can accomodate your work restrictions. You don't have to go back to work, but neither your employer or the wc Carrier will owe your any wages or wage substitution (TIBs). You should really discuss this matter with a qualified... View More