The Morris Law Firm Blog

January 29, 2011

Texas Workers’ Comp Neck & Back Impairment Ratings (DRE V)

Filed under: Workers' Compensation — Tags: , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 11:23 pm

As has been previously discussed, neck and back injuries are some of the most common work related injuries in Texas.  The Texas Division of Workers’ Compensation currently uses the 4th Ed. of the AMA Guides to Permanent Impairments.  The DRE category V is the first level where the findings for the neck and back are substantially different.

Neck: The patient has objectively demonstrated a significant upper-extremity impairment requiring the use of upper-extremity external functional or adaptive device(s).  There may be total neurologic loss at a single level or severe, multilevel neurologic loss.  A DRE category V to the cervical spine will yield a 35% whole body impairment rating.

Back: Radiculopathy and loss of motion segment integity.  Significant lower-extremety impairment is indicated by atrophy or loss of reflex(es), numbness with an anatomic basis, or electromyographic findings as in lumbosacral category III and loss of spine motion segment integrity as in lumbosacral category IV.

If you have any questions about your impairment rating or workers compensation claim.  Call the Texas Workers’ Compensation department at the Morris Law Firm (214)357-1782 or email at info@themorrisfirm.net.

January 24, 2011

Texas Workers’ Comp Back Neck Injury Impairments “DRE Category IV”

Filed under: Workers' Compensation — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 4:35 am

Neck and back injuuries are some of the most common injuries seen in the Texas Wokers’ Compensation system.  For a Claimant to received a DRE Category IV for their neck or back impairment, there must be a loss of motion segment integrity or multilevel neurologic compromise.

The patient has loss of motion segment or structural integrity or bilateral or multilevel radiculopathy.  Loss of structural integrityis defined as more than 3.5 mm of translation of one vertebra on another, or angular motion at one motion segment that is more than 11 degrees greater than the angular motion at an adjacent motion segment.  Radiculopathy as defined in category III, if present, should be bilateral or involve several levels.  A documented history of muscle guarding and pain should be present.

If you have questions about your impairment rating or your workers compensation claim, call the Dallas office at (214)357-1782 or via email at info@themorrisfirm.net.

January 16, 2011

Texas Workers’ Comp Back Neck Injury Impairments “DRE Category III”

Filed under: Workers' Compensation — Tags: , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:01 am

In the previous posts I explained the DRE Categories for neck and back injuries when a Texas Workers when the injured worker suffered a minor impairment to their back or their neck.  Some of the most common injuries to workers in the state of Texas are to their neck and back.

The Division of Workers’ Compensation uses the Fourth Edition of The AMA Guides for Permanent Impairments for workers’ compensation injuries.  When the injured worker gets to a DRE category III, it is because there is radiculopathy.

For a Texas Workers’ Compensation claimant to qualify for a DRE category III, the patient will have significant signs of radiculopathy, such as loss of relevant reflex(es), or measured unilateral atrophy of greater than 2 cm above or below the knee, compared to measurements on the contralateral side at the same location.  The impairment needs to be verified by electrodiagnostic findings.

A DRE category III to the neck will yield a 15% impairment rating, which will qualify the injured worker to supplemental income benefits.  A DRE category III to the back will yield a 10% impairment rating.  To receive a DRE category III, the proper diagnostic testing must be done.  Do not allow a medical provider that does not have your best interest or is not experienced with Texas Workers’ Compensation claims.

If you have questions about your impairment rating or any Texas Workers’ Compensation Claim, do not hesitate to contact the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.

January 12, 2011

Texas Workers’ Comp Neck & Back Injuries “DRE Category II”

Filed under: Workers' Compensation — Tags: , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 5:13 pm

As explained last time, Texas Workers’ Compensation neck and back injuries that receive a DRE category I for impairment are considered to have no impairment at all.  The DRE category II is for minor impairments to the neck or back.

To qualify for a DRE category II, the injured worker should have a clinical history and examination findings that are compatible with a specific injury or illness.  The findings may include significant intermittent or continuous muscle guarding that has been observed and documented by a physician, non-uniform loss of range of motion, or nonverifiable radicular complaints.  There is no objective sign of radiculopathy and no loss of structural integrity.

Under the Texas Workers’ Compensation system, a DRE category II entitles an injured worker to a 5% whole body impairment.  This translates to 15 weeks of impairment income benefits.

If you have questions about your impairment or any other legal question, call the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.

January 10, 2011

INFORMAL MARRIAGE “COMMON LAW MARRIAGE”

Filed under: Family Law — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:04 pm

The Texas Family Code provides in §204.1:

(a) In  a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:

1)         a declaration of their marriage has been signed as provided by this subchapter; or

2)         The man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.

(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.

Texas is one of Twelve states that allow “Common Law Marriages”.  In Texas the relationship is referred to as an informal marriage.  All other states in the U.S. acknowledge and accept informal marriages from other states.

To dissolve an informal or common law marriage, the parties must go through a divorce like with other marriages.  However, if two years has passed since the separation of the parties, there is a rebuttable presumption that the marriage did not take place.

If you have questions about a family law issue, contact the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.



THEFT OFFENSES IN TEXAS

Filed under: Criminal — Tags: , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 5:54 pm

Theft is not limited to the actual person who removes the item from its location, it may include multiple parties.  Theft as defined in Texas Penal Code Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.

The charge for theft can range from a Class C Misdeomeaner up through a 1st Degree Felony.  As the section indicates, the charge of theft includes: the actual theft of an item, passing bad checks, shoplifting, buying or selling stolen property, etc.  If you are accused of theft, not only are you potentially liable for the criminal act, you may be sue in civil court by the victim.

If you have been accused of theft, do not hesitate to contact the Dallas office of the Morris Law Firm at (214)357-1782 or by email at info@themorrisfirm.net.

January 7, 2011

Insurance Commissioner Mike Geeslin Won’t Seek Reappointment

Filed under: Uncategorized — Tags: , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:15 am

Texas — Insurance Commissioner Mike Geeslin Won’t Seek Reappointment: CENTRAL [01/06/11] Texas Insurance Commissioner Mike Geeslin announced Wednesday that he doesn’t want to be reappointed to another term as head of the Department of Insurance.

In a letter to Gov. Rick Perry, who appoints the commissioner, Geeslin said that after eight years with the department — including five and a half as commissioner — he has decided to leave.

“This request is based on many considerations; the foremost being my family, and the other being the simple realization that it is time for someone else to lead,” the commissioner wrote.

Geeslin has not indicated what his future plans are. His term ends Feb. 1, and he said he will “serve in whatever capacity is necessary for a smooth transition.”

In his letter, Geeslin noted that the Texas insurance market has gone from $78 billion in 2005 to $102 billion now, “a sizeable force in both the United States and the world.”  The same period saw the merger of the state’s insurance and workers’ compensation agencies, several major hurricanes, a major economic downturn and other challenges, Geeslin said.  “My tenure at (the department) has proved to be the experience of a lifetime…Still, regardless of how much one enjoys the work, good agency management necessitates constant attention to developing leadership. Hence it is time to commence with change,” Geeslin wrote.

Mark Hanna, public relations and membership director for the Insurance Council of Texas, said Geeslin’s successor “will soon find out that holding the position of Texas insurance commissioner is one of the most difficult and demanding jobs in state government.”  Geeslin’s replacement will be chosen by Perry, and subject to confirmation by the Texas Senate.

Source: Texas Department of Insurance

January 3, 2011

Texas Workers’ Comp Back & Neck Injuries DRE Category I

Filed under: Workers' Compensation — Tags: , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 5:54 pm

Back and neck injuries are some of the most common work related injuries in the State of Texas.  The Texas Division of Workers’ Compensation uses the Fourth Edition of the AMA Guide to Permanent Impairments.  For spine injuries the doctor will generally use the Diagnosis Related Estimate Model (DRE).

Some injuries resolve by themselves within a few days of the accident.  However, most people with this type of injury never seek medical attention.  If an injured worker requires follow up medical attention, it is unlikely that a DRE Category I is a proper impairment percentage.

For an injured worker to be at a DRE Category I he/she must have no clinical findings, no muscle guarding or history of guarding, no documentable neurologic impairment, no significant loss of structural integrity on lateral flexion and extention roentgenograms, and no indication of impairment related to injury or illness.

If you have any questions about your impairment or work related injury, contact the Dallas office of the Morris Law Firm at (214)357-1782 or email us at info@themorrisfirm.net.

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