Legal Question in Workers Comp in Texas

Impairment rating & Settlement amount

I received a ''settlement'' check 2 weeks ago from the WC insurance company but have not cashed it yet. Payment was based on an impairment rating from a doctor I have no confidence in. This Dr. was doing therapy, while the ligament on my right thumb was completely torn. Am I entitled to get a 2nd opinion for an impairment rating since I feel that I am impaired more than the Dr. stated? What steps do I take if this is possible?


Asked on 11/25/07, 4:58 pm

2 Answers from Attorneys

Chuck Cowan The Law Offices of C.D. Cowan, P.C.

Re: Impairment rating & Settlement amount

Your question cannot possibly be answered without more facts and a thorough review of your medical records. It is certainly possible that another Doctor may have something to offer you in the way of treatment. It really sounds like your Doctor may have "sold out" to the Insurance Carrier and simply does not want to fight for you. You can request a change of Doctors at least once under the system but you must use the approved forms, etc.

The current Texas Workers Comp system is very slanted in favor of the Insurance Carriers and their "selected" doctors. You can thank the pro insurance, pro business "compassionate conservative" Republicans for these business friendly laws. This reality is only getting more obvious each legislative session. Contact your state representatives and your state senators daily about your dilemma. You are not alone!!! You can also report your case to a consumer group named "Texas Watch" on the web. Their web address is www.texaswatch.org . They may be able to help you effectively reach your legislators.

Lastly, I suggest that you contact a capable attorney in your area that still accepts Workers' Compensation Cases. If you are unable to locate one, our offices here in Tyler, TX will be happy to try and help you do so.

Good luck to you.

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Answered on 11/26/07, 1:12 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Impairment rating & Settlement amount

Cash the check....and you could hire an attoreny experienced in work comp to see if your IR can be increased. We would review the case but may not accept ...or call the work comp commission and ask for help...they discourage use of lawyers and provide help at hearings but will not go to Court.

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Answered on 11/25/07, 7:57 pm


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