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  • Loss Wages

    If I have a workers compensation claim pending, can I be rewarded for loss wages if a workers comp designated doctor does not release me and say that my claim is compensable?

  • #2
    If the doctor takes you off work and certifies that you are incapable of working then you will likely be eligible for Temporary Total Disability benefits (lost wages). If the doctor does not indicate that you are totally disabled, you decline to work with restrictions, or your claim is found to be non-compensible you would not be eligible for TTD.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      I'm glad you replied to that. I wasnt even sure what the poster was asking!
      I find that the harder I work, the more luck I seem to have.
      Thomas Jefferson

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      • #4
        Posting hx is a must here, folks.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by QueenInez19 View Post
          If I have a workers compensation claim pending, can I be rewarded for loss wages if a workers comp designated doctor does not release me and say that my claim is compensable?
          If your Dr says the injury is not work related...and you take time off work...you are NOT eligible for TTD/Temporary Total Disability indemnity benefits, OR any settlement for the claim.

          If you would provide your STATE, as WC is state specific, we may be able to provide additional information, specifically on how to appeal the denial.

          Don't know what you mean by "Dr does not release me"...

          Also...there is NO money in WC for "lost wages"...

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          • #6
            Per prior thread 9-2011 state is Tx.

            Reference http://www.laborlawtalk.com/showthread.php?t=280687
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Thank you Betty... "designated doctor" should have been a flag for me.

              If/when there is a disputed medical issue in TX, the IW does see a "DD" for evaluation, and the DD controls the claim, and provision of benefits, unless the ER/IC wants to litigate through the court.

              So...
              If I have a workers compensation claim pending, can I be rewarded for loss wages if a workers comp designated doctor does not release me
              Yes. You would be due wage replacement...TIB/Temporary Impairment Benefits.

              TX WC statutes are here http://www.statutes.legis.state.tx.u...20Compensation

              When you are delayed/denied benefits, TX has an ombudsman to help IW, or consult with a WC attorney.

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              • #8
                Originally posted by CAIW View Post
                Thank you Betty... "designated doctor" should have been a flag for me.
                No problem.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  Originally posted by CAIW View Post
                  If your Dr says the injury is not work related...and you take time off work...you are NOT eligible for TTD/Temporary Total Disability indemnity benefits, OR any settlement for the claim.

                  If you would provide your STATE, as WC is state specific, we may be able to provide additional information, specifically on how to appeal the denial.

                  Don't know what you mean by "Dr does not release me"...

                  Also...there is NO money in WC for "lost wages"...
                  I never had a DWC 73 release by my treating doctor to return to work but I did have a compensable injury from a designated doctor. Ok, I understand the lost wages better now. Thanks.

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                  • #10
                    Originally posted by CAIW View Post
                    Thank you Betty... "designated doctor" should have been a flag for me.

                    If/when there is a disputed medical issue in TX, the IW does see a "DD" for evaluation, and the DD controls the claim, and provision of benefits, unless the ER/IC wants to litigate through the court.

                    So... Yes. You would be due wage replacement...TIB/Temporary Impairment Benefits.

                    TX WC statutes are here http://www.statutes.legis.state.tx.u...20Compensation

                    When you are delayed/denied benefits, TX has an ombudsman to help IW, or consult with a WC attorney.
                    Thank you. I thought in my BRC that they were leaving something out. They did leave out the Temporary Impairment Benefits.

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                    • #11
                      Contested Case Hearing

                      Can a Contested Case Hearing be delayed by a Benefit Review Conference (BRC) being late?
                      My Benefit Review Conference is set for Dec 13, 2011 but I have a designated doctor's appointment on Dec 5, 2011 but I was told that I could not go to a BRC without a report from a designated doctor. Also, I cannot go to a Contested Case Hearing without a BRC. This is what led me to my question above.
                      Thank You everyone for your help and advise with my case.

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                      • #12
                        Texas

                        Originally posted by CAIW View Post
                        If your Dr says the injury is not work related...and you take time off work...you are NOT eligible for TTD/Temporary Total Disability indemnity benefits, OR any settlement for the claim.

                        If you would provide your STATE, as WC is state specific, we may be able to provide additional information, specifically on how to appeal the denial.

                        Don't know what you mean by "Dr does not release me"...

                        My injury happened in my right arm. The doctor that the insurance carrier has released me for the left arm and not the right. I left him and tried to find a second doctor. I found a chiropractor and he was denied to become my new treating doctor when he signed a DWC-53 (Change of Treating Doctor's Form). He also filed a DWC-73 (A letter of release form). It does not make any sense to me how a doctor that is denied to become my treating doctor has the authority to release me? It also does not make any sense how I can be released for a body part that was never injured (remember I said, "My injury happened in the right arm not the left)?

                        Also...there is NO money in WC for "lost wages"...
                        I am sorry my state is TEXAS.
                        Last edited by QueenInez19; 12-02-2011, 08:45 AM.

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                        • #13
                          You have an attorney and that is who you need to ask about the timing of any hearings that are to take place.
                          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                          • #14
                            Originally posted by ElleMD View Post
                            You have an attorney and that is who you need to ask about the timing of any hearings that are to take place.
                            No. I do not have an attorney. I had two and they both dropped my claim.

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                            • #15
                              Originally posted by QueenInez19 View Post
                              No. I do not have an attorney. I had two and they both dropped my claim.
                              Why did your previous attonreys' drop you/your claim?
                              Have you contacted the WC ombudsman...?
                              No one can provide specific answers to your questions...we don't have the file, nor are we familiar with the disputed issues in your claim.

                              A BRC is an informal hearing in an attempt to resolve/settle the claim...if no settlement is agreeable to the parties...a formal hearing will be set on calendar and a judge will issue a finding.

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