Legal Question in Workers Comp in Texas

Work comp pay after Surgery

I am having surgery 12/5, my tibs were stopped on 6/24 due to an mmi report from my doc (who is not certified to give an mmi rating) sent to my adjustor in error. His medical assistant sent in the wrong form. I went to a hearing on 11/25 and is now going to a judge on 1/13. I was told my tibs wld restart after surgery. My surgery has been approved by wrk comp. my question is can work comp still hold my tibs even though I have had surgery that they approved. there is way more to this case; I was terminated from my job due to the report that the docotors office sent in error; designated appt rescheduled 8/14 - she found I was not ready to go back to work, I attended physical therapy as instructed. My adjustor has asked me to do all these appts stating that if I do this and I do that my tibs will restart and still nothing. At the hearing on 11/25 the mediator told me once I have surgery WC must start my pay again. My wife and I already had one of our vehicles repossesed due to all this. Any advise would help alot.


Asked on 12/03/08, 3:23 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Work comp pay after Surgery

You need a work comp attorney and we accept work comp cases. If you trust adjusters and DWC you need to ask them...if you have an attorney he should answer these questions..But work comp is complex ..call us if you want help..and hopefully you have not lost your rights

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Answered on 12/03/08, 3:28 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Work comp pay after Surgery

You need a work comp attorney and we accept work comp cases. If you trust adjusters and DWC you need to ask them...if you have an attorney he should answer these questions..But work comp is complex ..call us if you want help..and hopefully you have not lost your rights

Read more
Answered on 12/03/08, 3:28 pm


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