Legal Question in Workers Comp in Texas

WC Medical Doctor

I got 1 st and 2nd degree burns my rightn arm at work. When to the Doctor for treatment. He sent me back on light duty. I ask him to pull me off of work for a few day to heal. He said ''It is against the law for me to do that''. Is this true.


Asked on 9/24/08, 6:09 pm

1 Answer from Attorneys

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

Re: WC Medical Doctor

Your question cannot possibly be answered accurately without more facts and a thorough review of your medical records. The question in your case is, "Does a FAIR medical examination, proper diagnosis of and appropriate treatment regimen for your burns dicate an order\recommendation of disability (your inability to work) from your treating Doctor? While it is certainly possible that another Doctor (which you may still have a right to see?) may have a completely different opinion as to your disability, it is important for you to consider whether your current treating doctor is being a "whore" for the Insurance Carrier and\or your employer. This is not an uncommon situation under the current Texas Workers' Comp sceme. Simply stated, it is NOT "against the law" for any doctor to take an injured worker off worker under the appropriate circumstances. However, it could be a violation of the applicable law for a treating doctor to take an injured worker off work when his medical condition\diagnosis does not dictate it.

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\insurance friendly laws. 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 interested in your story and be able to help you reach your legislators more effectively. 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 9/24/08, 8:11 pm


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