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Category Archives: Workers Comp

Disability Is Not Limited To Periods On DWC-73 Work Status Reports

Disability is the inability to earn wages because of your work injury.  When you have disability, you get paid Temporary Income Benefits, which are the weekly checks paid when you can’t go to work.  When these benefits are denied, you have to go to a benefit review conference and a contested case hearing and prove […]

Bona Fide Offer Of Employment Must State Physical Requirements Of Job

When your doctor releases you to return to work with restrictions following a Texas workers’ compensation injury, your employer has an opportunity to accommodate those restrictions and let you return to work on light duty.  If your employer does not offer light duty, then you should get paid temporary income benefits.  If your employer does […]

Texas Workers’ Comp: Win Extent of Injury With The Ninety Day Rule

As you may know, the ninety day rule is an arbitrary rule stating that once an injured worker receives her first impairment rating, that impairment rating becomes final if it is not disputed by any party within ninety days.  The Division has done its best to block these disputes, and too many people have their […]

How To Dispute An Impairment Rating In A Texas Workers’ Comp Claim

Disputing an impairment rating in a Texas workers’ compensation claim is a very complicated ordeal.  I’ve talked about it in the past, but it’s always good to go over it again.  Always remember that the first impairment rating must be disputed within 90 days or you will likely get stuck with it. There are two ways […]

“Not At MMI” Report Is Not Required To Address All Of Your Injuries To Be Valid

Maximum Medical Improvement and impairment ratings in a Texas workers’ compensation case are usually certified on a special form designed for that purpose. If the doctor states that you are not at MMI, that can be done in writing in a regular report. If the doctor is assigning an impairment rating, it has to be […]

What If My Texas Impairment Rating Does Not Have All Of My Injuries In It?

Impairment Ratings in Texas workers’ compensation cases are very complex.  It’s even difficult for the doctor to know what injuries or diagnoses to rate, and what to leave out.  A lot of that confusion is brought on by the fact that the Division of Workers’ Compensation allows insurance companies to dispute liability for any diagnosis anytime […]

Have Your Texas Workers’ Compensation Benefits Been Underpaid? Free Audits Available!

Texas workers’ compensation benefits are commonly underpaid.  If you ask me, underpaid benefits are stolen benefits.  Insurance companies make mistakes paying workers’ comp benefits all the time.  Consider the latest audit of Texas workers compensation benefits conducted by the Division of Workers’ Compensation:  In only 64 cases, the Division found that over $500,000 was underpaid […]

Nova Healthcare Pleads Guilty To Texas Workers’ Compensation Fraud Resulting In Treating Doctor Problems For Patients

Big news dropped this week:  Nova Healthcare plead guilty to Texas workers’ compensation fraud.  Texas Mutual Insurance pursued the case against them with the Travis County DA’s office.  Part of the plea agreement was that Nova can no longer treat patients in Texas Mutual’s healthcare network, Texas Star.  This means that every injured worker in […]

Can The Insurance Company Dispute My Impairment Rating If It Includes A Diagnosis In Dispute?

I got this question from a caller today.  It’s a common situation that I get asked about often.  What happens is that the insurance company denies liability for anything major and says the only compensable injury is a sprain or strain.  Then, towards the end of treatment, the patient gets an impairment rating that includes […]

The High Cost Of Using A Texas Workers Compensation Ombudsman

What Are Your Chances When Using An Ombudsman In A Texas Workers Compensation Case? I spent some time tonight reviewing the latest report from the Office of Injured Employee Counsel  about using an ombudsman for a Texas workers comp case and what the ombudsman outcomes were for 2013.  This is specific to Texas workers compensation […]

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