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

July 23, 2011

Texas Workers’ Compensation Injuries Outside of Texas

Filed under: Workers' Compensation — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 4:14 pm

I’ve recently seen more cases of Texas workers that are working for their company in Texas, that go out of state for a job or an assignment and are injured while traveling or working out of state.  Every state has different laws that cover work related injuries.  If you live in Texas, it can be difficult to have your work related injury handled by another state.  How do you know when you can elect to use the Texas Workers’ Compensation system for your injury?

The Texas Labor Code provides that if a Texas worker is injured while working outside of Texas, they are entitled to Texas Workers’ Compensation benefits as if they had been injured in Texas.

To establish that the injured worker is a Texas worker, they must show significant contacts with Texas.  This may be proven by establishing:

1)     that the worker was recruited in Texas within the last year; or

2)    They worked in Texas for at least 10 days within the last year;

If you were injured outside of Texas and want to see if your claim can be handled though Texas Workers’ Compensation, contact the Morris Law Firm at (214)357-1782, (817)496-3447 or via email at 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.

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.

February 4, 2011

TEXAS WORKERS COMP NECK & BACK IMPAIRMENTS (DRE CAT VI)

Filed under: Workers' Compensation — Tags: , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 10:37 pm

Work related injuries in Texas are generally handled through the Texas Department of Insurance, Division of Workers’ Compensation.  In the last few blogs we have discussed impairment ratings to injured workers’ neck and back.  Injured workers whose neck or back injuries result in cauda equina syndrome without bowel or bladder impairment are at a DRE category VI.

For a injured worker to be found at a DRE category VI under the Texas Workers’ Compensation system, he/she must have a verified, severe impairment, with partial loss of use of one or both upper/lower extremities that require the use of an external ambulation device.  If an ambulatory device is not necessary, the injured worker is at a DRE category V.

If you have questions about your impairment rating or any Texas Workers’ Compensation issue, call the Morris Law Firm at (214)357-1782 or email us at info@themorrisfirm.net.

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.

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.

December 5, 2010

Investigation of Texas Workers’ Compensation Claim

Filed under: Workers' Compensation — Tags: , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:46 am

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

November 1, 2010

Wrongful Termination

Filed under: General, Workers' Compensation — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:06 pm

Sustaining a work related injury in Texas can be difficult and wrought with problems–navigating the Division of Workers’ Compensation, dealing with the claims adjuster, and finding a medical provider are just a few of the problems facing injured workers. One of the common but most ignored problems involves the discrimination an employee faces from an Employer after filing a workers’ compensation claim. Many employees are discharged shortly after filing a workers’ compensation claim, which creates all new problems for the injured employee once the workers’ compensation injury resolves. Moreover, many employees receive demotions, reduced hours, or reduced pay after a claim is filed. However, the Texas Labor Code provides protection for injured workers from retaliatory and discriminatory behavior by Employers and specifically prevents certain conduct by Employers.
Section 451 of the Texas Labor Code specifically prohibits anyone, including an Employer, from firing or discrimination against an employee because the employee (1) filed a workers’ compensation claim in good faith; (2) hired an attorney; (3) instituted an administrative proceeding in the DWC; or (4) testified or is about to testify in a Division of Worker’s Compensation Benefit Review Conference or a Benefit Contested Case Hearing.
If an Employer violates or takes any action contrary to Section 451, the employee has a cause of action against the Employer. This lawsuit is separate and distinct from the workers’ compensation claim and does not involve the insurance carrier or the DWC. This lawsuit is also separate from the Federal Equal Opportunity Employment Commission (EEOC) and does not involve any Federal claims, making the case fairly simple and straight forward. An injured worker can seek monetary damages for the lost income and the value of lost fringe benefits (such as health insurance) that resulted from the discharge or discriminatory action.
If you have any questions about a wrong termination claim, do not hesitate to contact us at our Dallas office (214)357-1782, email us at info@themorrisfirm.net , or www.themorrisfirm.net .

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