Ninety Day Rule In Texas Workers’ Compensation Cases
The ninety day rule in Texas workers’ compensation cases is one of the most dangerous rules we have in the comp system. It almost always works against the injured worker. So, it is not only dangerous, but designed to inflict serious harm to the most unsuspecting participant in a claim. It’s purpose is to end […]
Impairment Income Benefits In Texas
Once you reach maximum medical improvement from your Texas work injury, a doctor will perform an impairment rating exam. If you have any permanent impairment resulting from your work injury, then you will be owed impairment income benefits. These benefits are not a settlement of your case. However, they are the closest thing Texas has […]
Impairment Rating In Texas Workers’ Comp Claims
An impairment rating in Texas, as defined by statute, means the percentage of permanent impairment of the whole body resulting from a compensable injury. It is a measurement of the damage to your body resulting from your work injury. According to Texas workers’ compensation law, impairment is any anatomic or functional abnormality or loss existing […]
Maximum Medical Improvement In Texas Workers’ Comp Claims
The Texas Workers’ Compensation Act defines maximum medical improvement (MMI) as the earliest date after which, based on reasonable medical probability, further material recovery from or lasting improvement to an injury can no longer reasonably be anticipated. That sounds pretty clear, but we’ve been arguing about what that means for years. Here’s what you need […]
It Is Error When Impairment Ratings Reduced Because Of Pre-Existing Conditions
An impairment rating is a measurement of the permanent damage done to your body by a work injury. It is part of a Texas workers’ compensation claim. These impairment ratings are supposed to take into account all of the damage that you have to live with. However, the Division and insurance companies want to limit […]
Loss Of Reflexes Affects Impairment Ratings In A Texas Workers’ Compensation Claim
Most Texas injured workers don’t know how a loss of reflexes affects impairment ratings in a Texas workers’ compensation claim. When there is a spinal injury, like a herniated disc or a disc bulge, the nerves can be affected. When the nerves are affected, this can result in a loss of reflexes. This loss of […]
DWC-69 Not Required To Certify A Texas Injured Worker Is Not At Maximum Medical Improvement
If you want to prove that you are not at maximum medical improvement (MMI), some evidence is required. In the past, there was a question as to how formal that type of certification had to be. Currently, the Appeals Panel recognizes that documentation stating you have not reached MMI can be informal. What does that […]
Disqualifying Association & Designated Doctor Disputes
Unfortunately, too many things happen in a Texas workers’ compensation claim that make you think the deck is stacked against you. That makes you think it can’t all be a coincidence. The employer makes you go to its doctor. The insurance company starts denying things. And you can’t find any help anywhere. The last thing […]
How To Dispute An Impairment Rating In Texas
In most Texas workers’ compensation cases it becomes necessary to dispute an impairment rating. The system is set up against injured workers right now. This leads to premature impairment ratings that cut off your benefits before you have healed and returned to work. In order to protect yourself and your benefits, you will have to […]
Cauda Equina Syndrome In A Texas Workers’ Compensation Claim
Low back injuries are one of the most common types of injuries that people sustain at work. Even so, it is fairly rare to see an injured worker pursue liability for a cauda equina syndrome in a Texas workers’ compensation claim. It is a very severe injury with big permanent impairments as a result. What […]
