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Phillip Wray’s Answers

182 total


  • Workers compensation

    I live in Texas. I went Friday to get checked by the doctor the company sends us to. I have a sprained ankle from falling from a ladder. He said take a Tylenol. Saturday the pain was so bad that I went to an Ungent care center. There they took...

    Phillip’s Answer

    If your employer has workers' compensation insurance, ask who the insurance company is. If the employer has not turned in the claim, ask them to do so or you can do it by calling the insurance company. You also can call the Division of Workers' Compensation and ask to speak to customer service and they should be able to help you. The El Paso office is downtown. Generally, you have the right to select your doctor although that right is somewhat limited if your employer's workers' comp insurer has a network. If they do have a network, you will need to treat with someone in the network.

    Good luck.

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  • In Texas, If injured while on the job, can one get workers comp. and also file a lawsuit for personel injury/compensation ?

    Being a service tradesman (electrician, plumber, hvac, etc.) while installing some equipment on a commercial building happened a slip and fall due to tripping on a broom handle left on floor by janitor of building (while carrying equipment). Cont...

    Phillip’s Answer

    I agree with Mr. Cook's assessment. Generally, if you are injured while working by a third party (not your employer or a co-worker) you can pursue that third party for your injuries. As Mr. Cook indicated, the workers' compensation insurer does have a lien on your third party claim to the extent of payments it has made to you or for your healthcare.

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  • How can WC send me for MMI when I haven't been given any treatment?

    Two doctors have referred me for an epidoral injection over a month ago. The insurance company has denied and now going to RIO. I've met the criteria already for the injection. I just received a letter to see yet another doc for MMI. How can they...

    Phillip’s Answer

    Just because you need care doesn't necessarily mean you haven't gotten as good as you are going to get (MMI). If you truly need the epidural injection and the Designated Doctor believes you it would help you, he is unlikely to place you at MMI. If the IRO concludes you don't need the injection or if the DD does not believe it is likely to change your condition, then you might get placed at MMI. At that point, if you disagree with the certification, you have a limited amount of time to dispute the rating (if it's the first). If you have not spoken with the Office of Injured Employee Counsel or an attorney in your area, you may wish to do so at that time.

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  • I need workman's comp. advice

    I was on workman's comp. for a period a year ago for 'tennis elbow'. They gave me MMI and a $1,000.00 payment for 1% imparement even though I was still in pain. I don't think I signed anything agreeing to being "fixed". I have been in pain for ...

    Phillip’s Answer

    This would not be a settlement as those are strictly limited by law in Texas. The insurance company paid you impairment income benefits based on your 1% impairment rating. If that was the first rating and was not disputed, then it may have become final and not subject to challenge. You remain entitled to lifetime medical care that is reasonable and necessary. If you believe the rating is wrong, you need to consult with an attorney or contact the Office of Injured Employee Counsel, the state agency providing free representation in comp claims.

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  • Have a subpoena in az to be witness in workmens comp case for my former employer...

    I received a call from former employer that i have a subpoena at the human resources dept. stating i need to return to az for this workers comps issue...i am in tx, in school..no one has delivered the subpoena to me in person or by mail.....i can ...

    Phillip’s Answer

    As the other attorneys stated, until you are served with the subpoena, you are not required to do anything. If the company wants you as a witness, you can voluntarily help them out around your schedule but you're not required to. If they absolutely need you to be a witness, I expect Arizona has some procedure whereby they may be able to open a case in Texas and serve you with a subpoena to give a deposition in Texas but those types of steps aren't taken very often.

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  • Can a dismiss case can be reopened after they determined that the attorney has fault? What the statut of limitation says about..

    I contact a lawyer on 2009 because I was assulted. I deceided to sue the company. The case goes to the court... . So far, I tried to contact the attorney, but I never give me any response... . When I done my rescherch, I found that the case was di...

    Phillip’s Answer

    If your question is can you reopen your assault case, the answer is no. Your claim, if any, would have to be against your former attorney.

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  • In car accident, not at fault, after contacting ins info recvd from other driver and calling for a case #, find out ins lasped

    since 8/10, what can i do, driver only recvd 1 ticket when should have recvd another for no ins & 1 for false documentation, what can i do

    Phillip’s Answer

    Contact your insurance agent about the status of your uninsured insurance benefits in your insurance policy. This insurance pays for damage you suffered that is caused by an uninsured driver.

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  • Carr accident 12/30/10, police called, i was rear ended & pusehed into another vehicle, the person who rear ended me was cited,

    but gave the police, me and the other driver an lasped car ins policy with a current date. the policy lasped in 8/10. what can i do?

    Phillip’s Answer

    For the damages to your vehicle, you can recover under your own insurance policy's uninsured motorists coverage. It is possible the person you were pushed into could make a claim against you. This sometimes happens in multi-vehicle accidents when it's unclear to the driver of the first car in the chain who is at fault. If that happens, make sure you turn that claim in to your insurance company ASAP and let them handle it.

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  • I have paid an estimator to document the value of my DV claim. Does the insurance co. have to reimburse the estimator's fee?

    This is a 3rd party claim. The insurance co. only offered about 1/2 the actual Diminished Value and insisted I needed documentation to receive more so I paid $300 for a DV estimate.

    Phillip’s Answer

    Mr. Boulware is correct. The insurance company has no obligation to pay the cost you incurred in obtaining the DV estimate.

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  • I have paid an estimator to document the value of my DV claim. Does the insurance co. have to reimburse the estimator's fee?

    This is a 3rd party claim. The insurance co. only offered about 1/2 the actual Diminished Value and insisted I needed documentation to receive more so I paid $300 for a DV estimate.

    Phillip’s Answer

    Mr. Boulware is correct. The insurance company has no obligation to pay the cost you incurred in obtaining the DV estimate.

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