Archived
Can Worker's comp. deny covering treatment of bilateral semicircular canal dihiscence (SSCD) b/c it may be partly congenital?
Daniel's answer
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Answered on August 06, 2014
You can not sue the Division of Workers' Compensation (DWC) for the denial. The extent of your claim is being denied by your insurance carrier. ...
Archived
Is it against the law to falsify a workers comp. report?
Daniel's answer
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Answered on August 02, 2014
You need to file a DWC-45 form requesting a Benefit Review Conference. I would strongly suggest that you hire an attorney to assist you. The ...
Archived
I am dealing with a non subscriber claim. They are wanting to close it out. But I am still in pain. What are my options
Daniel's answer
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Answered on August 01, 2014
Unfortunately Texas allows employers to opt out of State workers compensation system. You can look at the plan your employer provides through...
Archived
I got hurt at work, they did not want to pay for dr appt. What should i do?
Daniel's answer
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Answered on July 30, 2014
You need to get the assistance of an attorney. If you were in the course and scope of your employment when you suffered the sprain, it should be a...
Archived
Back injury at work
Daniel's answer
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Answered on July 30, 2014
Was he found Maximum Medical Improvement for the injury or was he just released from treatment. If you had an attorney assisting you with the...
Archived
Can I return to work with restrictions?
Daniel's answer
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Answered on July 29, 2014
In a Texas Workers' Compensation claim, you are at disability if you are unable to obtain and retain employment at equivalent wages. If you have...
Archived
My primary Dr gave me permanent restrictions while my surgeon and qme gave me none. UPS won't let me work again, at all. help
Daniel's answer
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Answered on July 22, 2014
Have you been place at Maximum Medical Improvement (MM()? If not, you should be receiving Temporary Income Benefits. (TIBs). If you have been...
Archived
Can I be denied my STD if I'm appealing a WC denial.
Daniel's answer
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Answered on July 20, 2014
Talk to your attorney about the conflict between the STD and your workers compensation benefits. Some STD policies have exclusions for workers...
Archived
Can I refuse a drug test and still receive Texas work comp for an injury
Daniel's answer
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Answered on July 16, 2014
Refusing to be drug tested is not an affirmative defense for denying a workers' compensation claim. If an injured worker tests positive for an...
Archived
Hello,
How easy is it to prove gross negligence against an employer with reference to Title 29 Section 1910 if worker is hurt
Daniel's answer
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Answered on July 14, 2014
You are talking about OSHA standards. If your employer is a subscriber to the Texas system, they are immune from tort actions except for claims of...
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