The Morris Law Firm Blog

June 1, 2012

Texas Injury Law

Filed under: General, Personal Injury, Workers' Compensation — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 8:18 pm

We talk to people every day that have been injured as result of an accident.  I doesn’t matter if they were injured in an auto accident, work related injury or any other accident.  There are certain facts that we share with our clients to help their claims to run smoother and are generally a good practice.

Report the Accident: Report all accidents.  Even if no one appears injured, it is good to fill out and incident report or contact your insurance carrier about the accident.  This will protect you if you later find that you have property damage that went unnoticed or if you find that you’re injured from the incident.  It is always easier to turn down assistance, then to request it for an incident that was not reported.

Get a Medical Examination: After a traumatic event, our bodies go into shock.  You may feel like it is nothing serious after the accident, only to find out later that you’re dealing with serious injuries.

Therefore, even if it does not feel that serious right after the accident, get examined by a medical provider.  If it is nothing serious, you’re out a just a little time of a day.  If it is a condition that will require treatment, the insurance is more likely to accept a condition that is discussed soon after the accident.

The Insurance Company is not your friend: It should come as no surprise to anyone that insurance companies are for profit businesses.  The huge profits made by insurance companies, are not made by paying premiums.  Profits are made by denying or minimizing claims.

Like any other business, there are good and bad people that work for insurance companies.  However, when dealing with an insurance claim, make sure that you provide only accurate information.  Do not state facts that you are not sure of or that you don’t remember.  They will record and use any inconsistencies against you.  Good legal representation will help to these problems.  Get legal advice early in your claim to avoid serious problems with your claim.

Conclusion: Most people prefer to have never been involved in an accident that caused injuries.  However, life happens.  When it does, follow the above steps to make your path to recovery as easy as possible.

Daniel L Morris

The Morris Law Firm, PLLC

(214)357-1782

info@themorrisfirm.net

April 11, 2011

Texas Workers Compensation Life Time Income Benefits Significant Decision for the Appeals Panel 101803-S

Filed under: Uncategorized, Workers' Compensation — Tags: , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 2:37 am

On April 1, 2011, the Appeals Panel of the Texas Division of Workers Compensation rendered a significant decision in regards to Life Time Income Benefits (LIBs).  The Hearing Officer found that the claimant was entitled to Life Time Income Benefits based on the loss of and/or total and permanent loss of use of both feet at or above the ankle.  The claimant had a previous injury which resulted in an amputation of the left leg below the knee and the current injury was to his right foot.

The Appeals Panel noted that total loss of use of a member of the body means that such member no longer possesses any substantial utility as a member of the body, or the condition of the injured worker is such that the worker cannot get and keep employment requiring the use of such member.

In the case a designated doctor was asked to determine if the claimant sustained loss of both feet at or above the ankle.  He found that the claimant had lost total use of the left leg, but not the right.  The hearing officer did not give presumptive weight to the designated doctor because he felt that the question did not meet the criteria of Texas Labor Code §408.0041(e).

The Appeals Panel reversed and remanded the case back down to the hearing officer with the instruction that Texas Labor Code §408.0041(e) does include the ability to give an opinion in regards to the total loss of use, due to the Statute including similar issues.  The hearing officer was instructed to give the designated doctor presumptive weight and then make a determination as to the preponderance of the evidence.

This case continues to support the Texas Division of Workers Compensation drive to use state selected designated doctors to make factual determinations in regards to injured workers injuries, disabilities and impairments.  Do not attempt to establish what could be a life-time of indemnity and medical benefits by yourself.  Call the Morris Law Firm’s Dallas office at (214)357-1782 or contact us via email at info@themorrisfirm.net.

December 21, 2010

Neck and Back Impairment Ratings

Filed under: Workers' Compensation — Tags: , , , , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 8:33 pm

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.

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