The Morris Law Firm Blog

December 21, 2010

Neck and Back Impairment Ratings

If you have a Texas Workers’ Comp claim for injuries to your neck or back, eventually you will be found at maximum medical improvement and receive an impairment rating.  To calculate impairment ratings, the Texas Division of Workers’ Compensation requires doctors to use the Fourth Edition of the AMA Guides To Permanent Impairments. 

Spinal impairments are rated per a Diagnosis-Related Estimates (DRE Model).  There are eight category levels of spinal impairments.  The greater the category of the DRE, the higher the percentage of the whole body impairment rating. 

     DRE CAT I: This category is used for injuries that only manifest as complaints or symptoms.  The level provides a 0% impairment rating.

     DRE CAT II: Clinical signs of an injury are present without radiculopathy or loss of motion segment integrity.  This level provides for a 5% impairment rating.

     DRC CAT III:  Evidence of radiculopathy is present. *  At this level a cervical impairment is 15%, while a lumbar or thoracic  impairment is a 10%.

     DRE CAT IV: Loss of motion segment integrity or multilevel neurologic compromise.  Cervical injuries provide at 25% impairment rating and lumbar/thoracic receive a 20% impairment rating.

The higher categories require greater levels of impairment.  You should always consult with your doctor and an attorney for your work related injury.  Spinal injuries have many pitfalls that should not be pursued without expert medical and legal advice.  At the Morris Law Firm (www.themorrifirm.net) , we’ve been handling work injuries since 1996.  Call our Dallas office at (214)357-1782. 

* The Texas Division of Workers’ Compensation has added the additional requirement of a loss arm or leg reflexes or atrophy of at least 2 cm above the knee or elbow on the affected side to establish radiculopathy.

December 5, 2010

Investigation of Texas Workers’ Compensation Claim

Many people feel like they are left in limbo after they suffer a work related injury in Texas.  The Division of Workers’ Compensation does not do a good job on explaining how to handle your workers’ comp claim.  Injured at work, Texas work injury.

Your claim will not be started until your insurance carrier receives written notice of a claim.  After you report your accident to your employer, they should fill a DWC-1 (Employer’s First Report of Injury) and turn it in to the insurance carrier.  The injured worker needs to fill out a DWC-41 (Employee’s Claim for Compensation).  Once the insurance carrier receives notice of either of these forms, they should begin their investigation.

If an injured worker has reduced earnings (disability) for more than 7 (seven) days of work, he/she is entitled to TIBs (Temporary Income Benefits) for lost time beginning on the 8th (eighth) day.  If the injured worker has more than 4 (four) weeks of disability, the insurance carrier is required to pay for the first 7 (seven) days of disability.  denied claim

From the time the insurance carrier receives notice of the claim, they have 60 (sixty) days to investigate the claim.  If the carrier does not deny the claim by the 15 (fifteenth) day, they are liable for benefits until they deny the claim.

If your claim is denied, call the Morris Law Firm at (214)357-1782, or contact us at info@themorrisfirm.net.  We can tell you what your rights are and assist you in getting your claim approved.  Daniel L Morris attorney, workers’ comp, injured at work, Texas work injury, denied claim

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