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Matthew Bruce Lewis
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Matthew Lewis’s Answers

242 total


  • Is this considered short term disability or workman's compensation?

    I work in the medical field. For the past couple of months having sciatica controlled with motrin. Performed my normal activities and job functions. I helped another nurse pull up a patient while at work and about 10/15 minutes later severe back ...

    Matthew’s Answer

    It could be workers' compensation if there is any damage or harm to your body resulting from your work activity. If that work activity made the underlying condition worse, and you can prove that, then it could be workers' comp. If it is really all pre-existing then you would use your health insurance and disability insurance. The cause of the problem is what establishes the answer to your question. You may need to consult both a doctor and a lawyer to determine which way to go.

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  • If I work part time in texas can I still recieve work comp benefits

    I have carpel tunnel surgery comming up and its from excessive use at the job. I only work part time so im wondering if I can still recieve work comp benefits. Im not sure if my work uses private or work comp but I could use the help. Thanks in a...

    Matthew’s Answer

    You must first file a claim and establish a compensable (covered) injury. I've provided some links below to help you get started.

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  • Does my husband need to get an workers comp attorney?

    MY husband went for a impermanent exam on Tuesday. The Dr postpone the exam because my husband decided to have surgery on his lower back. But his appointment for the specialist is not til December 29. I guess they'll decided on a date for his su...

    Matthew’s Answer

    Unless your husband has been off work for two years, you want to delay maximum medical improvement as long as you can. As long as he has not reached MMI, he is able to get benefits for being off work. If he is having surgery, then access to these benefits is very important. You don't want to end up in a situation where he is having surgery, rehabbing, and not getting any money at all. If they try to give him an impairment rating before he has finished healing, then contact an attorney asap. I've linked to some info below about impairment ratings for your convenience.

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  • Do I need a workers compensation lawyer?

    I got injured on 1/23/14 .... I got my hand caught in a machine that forms corregated metal and resulting in loosing the 1st digits on 3 of my fingers of my dominant ( right) I hace since 4 surgeries and only 12-18 weeks of ! Physical thera...

    Matthew’s Answer

    You need to discuss your case with an attorney. There are a lot of variables that factor into a situation like yours. For instance, it's hard to tell whether or not there might be liability on the maker of the machine that hurt you. There are also issues with certain doctors and clinics, and always fights over healthcare. A free consultation would allow an attorney to garner all of the relevant facts necessary to advise you of the proper course of action in your case right now, and what to expect down the road.

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  • Where do I stand if anywhere?

    Hurt at work, told boss about accident, went to er after work, went to see company dr that monday, let me off for a week, was told to see concerta, they wouldn't listen to me that I was in pain an couldn't work but insisted to release me to work, ...

    Matthew’s Answer

    In my practice, I try to take as many cases as I can where the injured worker is getting medical treatment at Concentra. Usually, those folks need the most help. Your case is no different. You need an immediate consultation with an attorney to review your options. I've attached two links below that detail why you are at Concentra and why that is a problem (as if you didn't already know that is a problem).

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  • Do I still qualify for worker's compensation benefits even if it was my fault that I got injured?

    The insurance is denying my benefits saying that because it was my fault that I injured myself at work, I am not entittled to any workers' comp benefits. Is that true?

    Matthew’s Answer

    You can still qualify for workers' compensation benefits even if your injury was your fault. In Texas, workers' compensation is a no fault system. This means it doesn't matter whose fault it is. All that matters is whether or not the injury occurred while you were in the course and scope of your employment. Even if the company doesn't have workers' comp insurance, they could still be liable if the injury was mostly your fault but a little bit their fault. If the company is only 1% negligent, the company is then 100% liable.

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  • Pending Surgeries, Statutory MMI, IR Rating

    I injured my dominant elbow in January of 2013. After numerous denials and delays, i had 2 surgeries that failed. I was just granted medical necessity by the carrier peer reviewer for three procedures to attempt to undue the first two. I reache...

    Matthew’s Answer

    The exams you specify that are pending make it sound like you might have a deadline to consider regarding MMI and your impairment rating. Remember you only have 90 days to dispute the first impairment rating. Because a DD has already been appointed, you may have to request a BRC to do this rather than request a DD like you have done. The timing of the DD exam and the 11-2-14 MMI date make me want to warn you about this. You need to talk to a local attorney asap to preserve your rights. I've linked to a primer on MMI and impairment below for a little background.

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  • Dd put me at mmi 0% it based on a report from a Dr I never saw is that legal

    I went to my dd Dr. Caroll for evaluation she is not a psychiatrist so she referred to a neurologist or psychiatrist. The guy who did my examination was named Dr Adams but then a month later I get a report from Dr caroll saying that I am at mmi wi...

    Matthew’s Answer

    The facts, as you report them, indicate than an injustice has been done and these doctors violated the law related to impairment ratings and designated doctor appointments. To give you specific advice about your specific case, it would be necessary to see the documents and how each doctor was involved. This can be arranged. There are deadlines so you must act fast. A primer on Texas impairment ratings is linked below.

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  • Can a doctor write a medical report for a evaluation a different doctor performed.

    I went for a psychological evaluation for my work!mans comp to a doctor I was referred to by my dd because she is not a psychologist. so the doctor performed the evaluation and I left a month letter I receive a letter from my dd stating I am at mm...

    Matthew’s Answer

    Designated Doctors are getting out of control with these 0% impairment ratings. Beating them out of this nonsense requires strategy and independent knowledge of the book they are required to use to calculate impairment ratings. I've attached a link below to a video on impairment ratings and disputing them to get you started. Anyone who has this problem should contact a local workers' comp attorney with demonstrated experience with this type of issue.

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  • Can you sue a TX employer that is self insured for Worker's Comp, and the plan does not cover accumulative injuries?

    Injuries such as carpal tunnel, tennis elbow, muscle strain from repetitive movements, etc.

    Matthew’s Answer

    The answer is maybe. It depends on whether or not the employer has real workers' comp coverage for which they are self-insured, or whether they do not have workers' comp coverage but they do have a accident policy for which they are self-insured. It also depends on what injury you have, how you got it, and whether or not the employer committed any negligence that led to the cause of the injury - like failing to provide proper tools or safety equipment.

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