The Morris Law Firm Blog

January 21, 2013

MUSCLE GUARDING/SPASMS IN SPINAL INJURIES

Filed under: Workers' Compensation — Tags: , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 8:05 pm

We have recently seen a dramatic decrease from designated doctor’s impairment ratings for sprain/strain spinal injuries in Texas Workers Compensation claims.  The Fourth Edition of the AMA Guides generally uses Diagnosis Related Estimate (DRE) Categories to provide for spinal injuries.  Most sprain/strain injuries result in either a DRE Category I or a DRE Category II.

To find a DRE Category I, it must fit under the following description and verification:

The patient has no significant clinical findings, no muscle guarding or history of guarding, no documentable neurologic impairment, no significant loss of structural integrity on lateral flexion and extension roentgenograms, and no indication of impairment related to injury or illness.

The description and verification for a DRE Category II are:

The clinical history and examination findings 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…

The doctors state that upon examination they found no neurological impairment and no loss of range of motion.  However, they seem to ignore the inclusion of intermittent muscle guarding documented by a physician.

The Appeals Panel finally has provided support for our position that the impairment rating must properly use the AMA Guides.  In Appeals Panel Decision No. 120897, they found that the designated doctor improperly applied the AMA Guides in finding a DRE Category I for a cervical sprain/strain injury.  The Appeals Panel found that to meet the requirements of a DRE Category II, the injury worker need to only meet one of the three differentiators (muscle guarding, muscle spasms or non-uniform loss if ROM).  The differentiator may be present at the time of examination or have been documented by a physician to be used.

This helps to clarify for the doctors that only one differentiator is necessary to find a DRE Category II.  This provides a 5% greater impairment rating than a DRC Category I, which calculates to 15 additional weeks of impairment income benefits.

Daniel L Morris, info@themorrisfirm.net (214)357-1782

October 3, 2012

Texas Workers Compensation Types of Claims

Filed under: Workers' Compensation — Tags: , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 8:36 pm

If your employer is a subscriber to the Texas Workers Compensation system, you are very limited in the claims arising from a work related accident.  However, if you are injured at work, you should immediately have your case reviewed to see what potential claims you may have.

Workers’ Compensation:

Your first claim is always against your employer’s workers compensation carrier.  There are different types of benefits so make sure you are aware of all the types of benefits for which you may be entitled.

Motor Vehicle Accident:

If you are injured as the result of a motor vehicle accident, immediately consult with an attorney that can handle both workers compensation and personal injury claims.  You may have claims including claims against the other driver, your under insured motorist insurance, any underinsured motorist policy purchased by your employer for you, your personal injury protection insurance.

Third Party Liability:

If you are at a job site that has multiple employers and you are injured as the result of another employer’s negligence, you may have a claim against that employer.

Wrongful Termination:

Texas is a “Right to Work” State.  This means that you can be terminated for any reason.  However, you the Texas Labor Code protects people regarding a workers compensation claim from discrimination and/or termination.

Social Security:

If you have missed more than one of work due to your compensable injury, file for Social Security Disability or Social Security Insurance.  If your claim is denied make sure that you consult with an attorney within the appeal period.

Gross Negligence:

Employers that subscribe to the Texas Workers Compensation system are exempt from claims of negligence.  But, they are not protected from claims of Gross Negligence resulting in death.  The beneficiaries of workers’ killed as the result of a compensable injury, may have a gross negligence claim against the employer.

Always be aware of your rights after work related injury.  Have your case reviewed to see that your rights are being protected and the proper claims are being pursued.

Daniel L Morris  The Morris Law Firm (214)357-1782 info@themorrisfirm.net

August 17, 2012

Texas Workers Compensation Lifetime Income Benefits

Filed under: Workers' Compensation — Tags: , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 10:56 pm

I recently returned from the annual Advanced Texas Workers Compensation Seminar.  This year I had the privilege of speaking with Maggie Knott on the Appellate Case Updates.  Any one that has been involved in the Texas Workers Compensation system over the last few years will know that it is rapidly changing.

Many of the changes are making it more difficult on injured workers. However, there are some appellate courts which have made findings which benefit injured workers.  Liberty Mutual Ins. Co. v. Adcock is a case regarding Lifetime Income Benefits, which helps injured workers.

For an injured worker to qualify for Lifetime Income Benefits in Texas, the injured worker must show the loss of use of both eyes, both feet above the ankles, both hands at or above the wrist or a combination of feet and hands; a spinal injury causing permanent paralysis of both arms, legs or a combination of the above; a physically traumatic injury to the brain resulting in incurable insanity or imbecility; or severe 2nd or 3rd degree burns which require grafting.

In Liberty Mutual Ins. Co. v. Adcock, the injured worker established that he was entitled to Lifetime Income Benefits.  A few years later, Liberty Mutual tried to re-litigate the claiming that the injured worker was getting better and no longer qualified for Lifetime Income Benefits.

The Fort Worth Court of Appeals affirmed the trial courts finding that the Division of Workers Compensation did not have authority to re-evaluate a determination of Lifetime Income Benefits.  Those benefits are to be paid until the death of the injured worker.

Daniel L Morris info@themorrisfirm.net (214)357-1782

June 8, 2012

EXPUNCTION OF MY TEXAS CRIMINAL RECORD

Filed under: Criminal — Tags: , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:48 pm

Many of us did dumb things when we were younger.  Some of us still do.  However, problems arise for those that get a criminal record as a result of one of these dumb things.

Those people now have a criminal record.  A criminal record can affect your ability to get employment and move to a new apartment or house.  We are frequently contacted by people who ask “How do I expunge my criminal record?”

In Texas, expunction of criminal records may be done only in very limited cases.  If you received deferred adjudication for a Class C Misdemeanor, you may file with the court to have your record expunged.

Misdemeanors that are Class B, A or Felonies are not eligible for expunction.  However, many convictions for the above are entitled for non-disclosure.

Daniel L Morris, The Morris Law Firm, PLLC, (214)357-1782,

info@themorrisfirm.net

April 30, 2012

TEXAS WORKERS COMPENSATION DWC-69

Filed under: Workers' Compensation — Tags: , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:40 pm

I was in a Contested Case Hearing this week.  The issue before the hearing officer was maximum medical improvement and impairment rating.  We had a DWC-69 from the treating doctor that said the claimant was not yet at maximum medical improvement.  The insurance company had a 5% impairment from a post DD RME.

Finally, we had the DD (Designated Doctor), who had a DWC-69 with a 5%.  But in the body of his report, the DD stated that the actual impairment was a 15%.  He went on to state that his previous report included the causation of the full injury and all together it should be 15%.  The 5% was for what the insurance company’s letter stated was compensable.

Thank you Matt Lewis (www.dallasworkcomp.com) for sending me over the Appeal Panel number I needed during the hearing.  I remembered the nature of the case.  But, I couldn’t remember the number and I was with a new judge who didn’t know it.

Appeals Panel Decision No. 111393 states that although there was no DSC-69 in evidence to support the hearing officer’s decision.  However, the Appeals found that it was proper for the hearing officer to rely upon the evidence in the medical records.

With all the pressure that the Division of Workers Compensation is placing on the Designated Doctors, it is nice to see that we can actually look at the reports and not just a form with the blanks filled in.

Daniel L Morris

The Morris Law Firm

(214)357-1782

info@themorrisfirm.net

April 12, 2012

Texas Workers’ Compensation Income Benefits

Filed under: Workers' Compensation — Tags: , , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 6:27 pm

When a Texas worker is injured in the course and scope of their employment (their employer must be a subscriber), there is an insurance policy that covers their injuries.  This insurance policy pays 100% of the medical care for necessary and reasonable medical care.  In addition, injured workers receive payments for disability and their impairments.

Types of Benefits:

Temporary Income Benefits:

Temporary Income Benefits (TIBs) are paid weekly to the injured worker prior to being placed at maximum medical improvement, when the worker is unable to earn the same income they received prior to the accident.  Temporary Income Benefits are generally paid at 70% of the pre-injury average weekly wage.  Make sure the amount includes any fringe benefits received from your employer.

Impairment Income Benefits:

Impairment Income Benefits (IIBs) are benefits you receive after you are found to be at maximum medical improvement.  When an injured worker is found to be at maximum medical improvement, they are also given an impairment rating from 0-100%.  For each point of impairment, the injured worker receives three weeks of Impairment Income Benefits.  The benefits are not for disability, they are paid even if the worker is working full time.

Supplemental Income Benefits:

Supplemental Income Benefits (SIBs) are paid to injured workers that receive an impairment rating of at least 15% and are not capable of returning to their previous type of employment.  Supplemental Income Benefits are paid monthly to injured workers who are completely unable to work, are actively engaged in seeking employment, are currently in a full time DARS approved program or are currently earning less than 80% of their pre-injury average weekly wage.

Lifetime Income Benefits:

Lifetime Income Benefits (LIBs) are generally paid weekly to injured workers who have an injury to their head that results in what the Division of Workers’ Compensation defines as incurable insanity or permanent imbecility.  Additionally, an injured worker may be entitled to Lifetime Income Benefits if they loss one of the following:

1)      The loss of use of both feet at or above the ankle;

2)      The loss of use of both hands at or above the wrist;

3)      The total loss of sight in both eyes; or

4)      Certain combinations of the above.

Death Benefits:

Death or Beneficiary Benefits are paid to dependents of a worker who dies as a result of the compensable injury.  This may be due to the results of the accident, treatment or medications taken for the effects of the accident.

Daniel L Morris, The Morris Law Firm, PLLC

(214)357-1782

info@themorrisfirm.net

September 8, 2011

Texas Workers’ Compensation Wrongful Termination

Filed under: Workers' Compensation — Tags: , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 5:40 pm

In today’s economy many people are concerned that if they report injuries after an on the job accident that they may lose their job.  People generally question the meaning of Texas being a “Right to Work” state.  Right to work generally refers to laws that deal with the use of unions in negotiations with the employer.  Under Texas Labor Code Title III, Texas holds that individuals or groups may bargain with their employers for their employment status.  So, Right to Work, in reality is the right of your employer to fire you at any time.  If you are not a union worker, there may be a collective bargaining agreement that protects you.

However, the Texas Labor Code §451 states that an employer may not discriminate against or fire an employee for filing a workers compensation claim in good faith, hiring a lawyer to represent them for their claim, starting the hearing process for a claim or testifying in hearing about a claim.

Therefore, your employer may not discriminate against you, or fire you for pursuing your Texas Workers’ Compensation claim.

April 12, 2011

Texas Auto Accident Negligent Entrustment

Filed under: Accidents, Personal Injury — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:44 pm

In the last few years we have seen a growing problem with defendants in auto accidents that do not own the vehicle.  The insurance carrier on the vehicle tries to deny the claim on the premise that their insured was not a party to this action

As you will hear from us quite often, you do not sue an insurance company; you sue a party who may be insured.  Your cause action against the defendant driver is clear.

If the defendant driver is an excluded driver on the auto policy, it is very unlikely that the insurance company will defend him/her.  The defendant driver may have an auto policy that covers him/her.  If it is found that the driver did not have insurance, he may lose his license.  But, it is unlikely that this will be discovered until the litigation process begins.

You may also have a cause of action against the owner of the vehicle for Negligent Entrustment.  The owner’s insurance company may then get involved to cover the owner.  To establish Negligent Entrustment you must show that:

1) The owner entrusted the automobile;
2) to a person who was an unlicensed, incompetent, or reckless driver;
3) who the owner knew or should have known was incompetent or reckless;
4) the driver was negligent; and
5) the driver’s negligence proximately caused the accident and the plaintiff’s injuries.

When it comes time to file a lawsuit, you need to discover all potential parties.  Next, find each defendant’s insurance carrier or at least make sure that the defendant is not completely judgment proof.

If you have any questions about your auto accident, call the Dallas office of The Morris Law Firm at (214)357-17872 or reach us via email at info@themorrisfirm.net.

April 8, 2011

Deep Vein Thrombosis In Texas Workers Compensation

Filed under: Workers' Compensation — Tags: , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 6:57 pm

Deep Vein Thrombosis abbreviated as DVT, is a blood clot, usually forming in the leg.  The clot could break free and travel to the lungs causing a pulmonary embolism.  This is a very serious condition that can damage the lungs or other organs of the body.

We handled the case of an airline pilot who developed Deep Vein Thrombosis and bilateral pulmonary embolism.  The Claimant piloted flights that would last up to twelve hours.  After he turned in the claim for injuries, with the Texas Division of Workers Compensation, his insurance carrier denied the claim stating they questioned the mechanism of injury.

His medical records established that Claimant had a pre-existing protein S deficiency and was a male over 40; both of which are risk factors for Deep Vein Thrombosis.  The doctors (a hematologist and a vascular surgeon), explained that prolonged immobility in the pilot’s seat was the cause of the Deep Vein Thrombosis and the resulting pulmonary embolism.

In addition to the medical findings, we presented the Wright Study, which found that clotting activism is increased in susceptible individuals after an eight-hour flight.  The insurance carrier used a doctor (employee of the company) who testified that there was no indication of any significant increase of clotting after prolonged sitting.

Claimant was able to prevail due to the expert opinions of the medical providers, their understanding of the causation and by providing medical studies which supported the causation.  If you have a workers compensation injury that is beyond the understanding of the ordinary public, make sure you have the evidence to support your case.

Get an attorney who can help you prepare the case properly.  The Morris Law Firm can be contacted at (214)357-1782 or via email at info@themorrisfirm.net.

January 10, 2011

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.

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