Questions answered by S. Michael Graham

Archived

I'm in a cast for ankle injury but have designated Dr examination next week ?

S.'s answer | Answered on September 13, 2018

Maximum Medical Improvement is to determine if you are fully healed from your injuries and would not anticipate future medical treatment that would...

Archived

How can I get compensated for a injury that was not followed up properly ? Now I need surgery instead of therapy.

S.'s answer | Answered on September 12, 2018

If you were placed at MMI, you have 90 days of verified receipt of the rating to dispute the rating. If the 90 days has passed you may still be...

Archived

I have to see a designated doctor to see if I am at MMI but my primary care physician said I'm going to require surgery?

S.'s answer | Answered on September 10, 2018

If you need surgery, you should try to get some sort of note from the foot specialist to confirm this fact and make sure the note gets to the...

Archived

Do I have any legal recourse for an injury I sustained at my previous job during the summer of 2016?

S.'s answer | Answered on September 10, 2018

You do have the right to choose your own treating doctor. It may be somewhat difficult, but my recommendation would be to get a referral to an...

Archived

What should I expect at the designated doctor at the 104 wks this is the second time I have been sent to designated doctor ?

S.'s answer | Answered on September 10, 2018

You may qualify for additional income benefits (SIBs) if your impairment rating is 15% or greater. My best advice would be to consult a qualified...

Archived

Can my employer ask for another doctor's note because they are claiming my note is too old?

S.'s answer | Answered on September 06, 2018

In order to avoid issues with your principal, I would try to get in to see the doctor. You might also be able to get your DWC 73 (Restrictive Duty...

Archived

Can I get unemployment after a WC claim is closed?

S.'s answer | Answered on September 05, 2018

If you have received your final impairment rating and/or been returned to work, I see no real reason why you couldn't reapply for unemployment as...

Archived

Can I file a lawsuit against my employer even though they have worker’s comp after being assaulted by a patient?

S.'s answer | Answered on September 05, 2018

If your employer was a subscriber to Texas Workers' comp through the Texas Dept of Insurance, you would not be able to personally file a claim...

Archived

How can you have permanent impairment with a zero rating

S.'s answer | Answered on August 31, 2018

Well the impairment is based upon a specific set of guidelines. So you get what it says in the AMA guides as interpreted by the examining doctor....

Archived

Can I use my private insurance to see another doctor for advice if I have workers comp case open?

S.'s answer | Answered on August 25, 2018

It's perfectly fine to use your own doctor. Your workers' comp carrier may or may not find out. You should assume that they will. For example, if...

S. Michael Graham's Answers (620)

I'm in a cast for ankle injury but have designated Dr examination next week ?

How can I get compensated for a injury that was not followed up properly ? Now I need surgery instead of therapy.

I have to see a designated doctor to see if I am at MMI but my primary care physician said I'm going to require surgery?

Do I have any legal recourse for an injury I sustained at my previous job during the summer of 2016?

What should I expect at the designated doctor at the 104 wks this is the second time I have been sent to designated doctor ?

Can my employer ask for another doctor's note because they are claiming my note is too old?

Can I get unemployment after a WC claim is closed?

Can I file a lawsuit against my employer even though they have worker’s comp after being assaulted by a patient?

How can you have permanent impairment with a zero rating

Can I use my private insurance to see another doctor for advice if I have workers comp case open?