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Matthew Bruce Lewis
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Matthew Lewis’s Answers

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  • What can be done about this? Am I able to get a cash payment for the cancellation or can the medical benefits b reactivated?

    Hello my name is Kevin Jackson. I had a workmen's comp settlement from 14 years ago that included lifetime medical benefits, however, the medical benefits were cancelled four months later. I would like to know if anything can be done about this a...

    Matthew’s Answer

    Unfortunately, you can't trade your right to medical benefits for cash in Texas. However, you still have the right to all reasonable and necessary medical treatment that is related to the compensable injury. The way to go about this is to have your doctor request preauthorization from the insurance company for whatever treatment is needed at this time.

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  • What do we do to file this with workmans compensation?

    My mother in law was injured at work. She has been to the hospital and has documentation for all of the services performed. She has turned in the proper documents to her employer and yet he still has yet to file any information to corporate and wi...

    Matthew’s Answer

    You have 2 responsibilities when filing a claim. First, you must notify a supervisor with your employer within 30 days of the accident that you are injured as a result of something that happened on the job. Second, you must file form DWC-41 (Notice of Injury) with the Division of Workers' Compensation within one year of the date of injury. I've included a link below to more information on these subjects.

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  • I was robbed at gunpoint an assaulted days later and my company did nothing to prevent it they had knowledge of how bad the area

    Assault ,robbery,&wages

    Matthew’s Answer

    If you sustained any injuries, physical or mental, they may be covered under workers' comp. In order to figure out how to proceed, you will probably need to talk to a local attorney. They will need to figure out if your company has workers' comp insurance or not, what your injuries are, how they might be covered under a claim, etc. A claim would have to be filed at that point.

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  • I'm getting a MMI rating next week on my knee...i had torn meniscus....they took a piece out to repair it...

    My employer laid me off too....what do I need to expect?

    Matthew’s Answer

    An impairment rating for a knee injury usually requires an examination that measures your range of motion in that knee. The doctor will ask you to move it in different directions and will then measure the degrees of motion you can attain and compare that to normal. The lost range of motion converts to an impairment percentage. The doctor may choose to base the impairment rating on the surgery you had instead of the range of motion measurements, but she should use the method that results in the highest impairment rating.

    Impairment ratings are expressed as a percentage of impairment to your whole person. Knee impairments are often low, somewhere between no impairment and 8% or so. The fact that you had surgery will get you some points so if you get a zero impairment rating you will know to contact a lawyer immediately.

    You will get impairment income benefits based on the rating. For every percentage of impairment you will get 3 weeks of benefits. So, a 5% impairment rating will result in 15 weeks of benefits. These benefits are payable beginning on the date selected as the maximum medical improvement date. This is the date after which there is no longer any expectation of further material recovery - usually the last of any real treatment.

    You only have 90 days to dispute your first impairment rating so you will need to consult an attorney immediately after getting the report. There are two things to consider - whether the maximum medical improvement date is accurate and whether or not the impairment rating is accurate.

    I've provided a link below to more info on impairment ratings and what to do about them.

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  • Who does workers comp. claims?

    i fell at work in 9-14-10 had a impairment rating of 6% and never got paid. the treating dr. for work never signed the paper work. but i had witnesses so can any body help are tell me if i just leave it alone? thank you

    Matthew’s Answer

    I represent injured workers in Dallas and Fort Worth and will review cases like yours for free. I'd have to take a look at your records to give you any advice about how to proceed. There are just too many variables to guess at it based on the information provided.

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  • How to determine mmi.

    I was on workers comp for about 1 year had surgery. The injury was to my elbow. My question is after my first surgery my dr called in a designated dr to determine mmi. This dr turns out to be a chiropractor. He determines i was at mmi. Then 3...

    Matthew’s Answer

    It was legal, but that doesn't make it right. It sounds like your doctor mishandled the legal aspects of your case. This happens quite often. I always tell people that allowing a doctor to be your legal advisor is just as dangerous as letting your attorney be your surgeon. This error was a big deal as there are deadlines to dispute impairment ratings. The good news is that there are exceptions to the deadlines as well. You need to get with a local workers' comp attorney ASAP. I've attached a link to a video about impairment ratings and disputing them for further reference. I've also provided a link to a blog about disputing impairment ratings that may be of help.

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  • What are my rights under workers compensation?

    I am a special education teacher at a private school. Two weeks ago a child had butted me, causing me to suffer a concussion. The school has covered my medical treatment, and given me five days off so far. With these days off to reflect, I ...

    Matthew’s Answer

    If this is covered under a real workers' compensation policy, they have to pay you benefits for up to 105 weeks, depending on how bad your injury is, the doctors' opinions about your work ability, your employer's willingness to accommodate light duty, and whether or not you reach maximum medical improvement. It's really a fairly complex situation. You will probably need to go over the details of your situation with a local attorney.

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  • Workers compensation

    I am a special education teacher at a private school. Two weeks ago a child had butted me, causing me to suffer a concussion. The school has covered my medical treatment, and given me five days off so far. With these days off to reflect, I rea...

    Matthew’s Answer

    You need to talk to your doctor about your reservations with going back into that classroom. Sometimes that fear and anxiety are indicative of mental trauma injuries that need treatment. This seems to be common in concussion cases I've handled that result from aggressive behavior. It may be that the doctor would take you off work for awhile as you get treatment. If so, the workers' comp insurance company would likely owe benefits. This is pretty complex, so you should consult with a local attorney and your doctor to see what your options are, both legally and medically.

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  • Is this a workmans compensation issue?

    My husband Is a project manager for a large general contractor . He started at the company in June of this year and has been so sick since. He has been in and out of the hospital with pneumonia, many chest colds and other respiratory issues. He al...

    Matthew’s Answer

    That very well could be a workers' compensation claim. The question is whether or not the mold is actually responsible for your husbands health issues. If it is, then it can be covered under workers' comp if your husband's employer has workers' comp insurance. You will certainly need to consult a local attorney to help you get the right documentation and file a claim.

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  • Can a worker compensation be reopen in Texas

    I had a workers compensation case a few years ago , I got injured at work , I went to the hospital and they notice I had damage ribs , 2 days later I had to go back because I could not breeze , they another xray and notice my lung was puncture , I...

    Matthew’s Answer

    This is a very complex question. Texas workers' comp claims are never "closed." You can always seek medical treatment for your compensable injuries. In your case, there is a question about what is a covered injury and what is not. Before speaking to an insurance company or posting anything else online, I think you should discuss the problem with a local attorney. The things you say online can be used against you. In this particular case, it is possible to get a rib injury from either of the events you described. By posting each of the incidents online, you also give the insurance company a way to defend against liability if they ever run across this page. And they do look. Good luck!

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