I know that most of the Texas Workers’ Compensation news seems to limit benefits and injured workers’ rights within the system. However, once in a while a ray of light shines in and gives us a glimmer of hope. One of these recent rays was provided by the Texas Workers’ Compensation Appeals Panel.
In Appeal No. 110670, the Division of Workers’ Compensation found that “it is impossible for a claimant to have reached MMI, since he has only had a minimal trial of post-operative care.” In this case, the Appeals Panel overturned the findings of a designated doctor in finding maximum medical improvement, prior to the injured worker attending a pre-authorized chronic pain management program. This allowed the injured worker to continue to receive Temporary Income Benefits (TIBs), while off work.
It is nice to see that in spite of all the forces trying to push injured workers out of the system prior to substantial recovery, there are still avenues for the injured worker to claim the statutory benefits for which his labor paid the insurance premiums.
Daniel L Morris, The Morris Firm, firstname.lastname@example.org, (214)357-1782