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Worker's Compensation Fraud Texas

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  • #16
    Originally posted by ElleMD View Post
    You had a muscle strain 2 years ago in your forearm that you only saw a doctor for once and you have been off work for 2 years?? Seriously? I have to say, your chances of getting much from this claim are dismal. For one, even if you broke your arm, it just isn't going to be worth much as far as PPD goes. If you haven't been consistantly treating for the injury, you are going to have major problems demonstrating that any symptoms you have 2 years later are related. If you are off work for 2 years because of a muscle strain in one arm, you are going to have a near impossible time proving that there was no work you could perform. Selling drugs and being an "escort" are illegal and those "employers" do not pay into the WC system. It was illegal in CO and it is illegal in TX. In either case, if that was your employment and legality aside, neither would be precluded by a muscle strain in the forearm. If you were working at either of these "jobs" in the past year, you aren't going to be entitled to benefits from WC during that time.

    My suggestion is to get thee back to work. Any legal work. If you want to pursue medical care, you still can but wage loss over the past 2 years is another matter. I can't tell you what to do, just share my opinion of the situation. The fact that you moved voluntarily and have already had 2 lawyers quit on you does not go in your favor either.
    No I have not worked either one of those. Gratefully, since I have been in Texas I have not returned to escorting at all. I just need another income to help me get by and pay all my acrrude bills (since this case). I just got compensability this past December. I was only granted $764 of TIBS (temporary income benefits). Now everything is at a halt because now I am waiting on a change of designated doctors because the last one left when it snowed in Amarillo on Dec 5 of last year. Now I am like, what am I suppose to do financially because I have 2 kids and they are suffering here? We get food stamps but that is not enough. That is only $200 a month. We all eat more than $200 a month worth of food. My kids are kinda in that obese catigory. No one can feed kids like that on $200 a month. Especially not when they are growing too.

    However, I am suppose to go to an impairment rating but I do not know when that is the part that has been on a halt. I was told that may not happen until March of this year because worker's comp has until the 15 of Jan to get another designated doctor and 30 days after that to reschedule the appointment. That is why I said earlier it will not be until after the impairment rating is when I will start getting impairment benefits for a month. Now is it a lot more clear about the financial bind I am in because while I have to wait for all this stuff to happen I still need to be able to make a living for my family because I am a single mom.
    Last edited by QueenInez19; 01-05-2012, 10:06 AM.

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    • #17
      1. Are you capable of performing any work at all for which you are qualified (and which is legal)?

      2. If yes, you need to do so.

      3. If no, why not? Is it due to this 2 year old muscle strain or for some other reason?
      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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      • #18
        Wow, I've been away from LLT for a while, and when I finally come back, this...this is the only active thread?

        This must be a joke. A "half-service escort" goes out on worker's comp due to a strained forearm? How can that not be a joke?
        I recommend you switch to using the other hand and get back to work to support your obese children. Or perhaps save your arms altogether and switch to full-service?

        I smell a troll.

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        • #19
          Those of you who haven't might want to review OP's posting history
          for additional information.
          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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          • #20
            Now is it a lot more clear about the financial bind I am in because while I have to wait for all this stuff to happen I still need to be able to make a living for my family because I am a single mom.
            What is your PTP/Primary Treating Physician saying here?
            Im thinking you have been released to return to work... but for some reason are disagreeing and requesting a DD... the first DD is "missing", and a substitue is being arranged.

            If this is the case, you can and should be going back to your pre injury employer and discussing a return to work. If the ER cannot bring you back... apply for UI/Unemployment Ins benefits..>BUT, as you have not worked in the past 2 years.... I doubt you'll have any base wage to pay UI on.

            Forget about what is legal/illegal in Colorado..you live in TX now.

            I agree with ElleMD in saying ''You had a muscle strain 2 years ago in your forearm that you only saw a doctor for once and you have been off work for 2 years?? Seriously? I have to say, your chances of getting much from this claim are dismal.'', a muscle strain would have resolved by now, or at least one would have to suppose this is the case.
            You should not expect too much more than 1% or 2% in a PPD rating. That won't pay much more than the value of your food stamps.
            My kids are kinda in that obese catigory. No one can feed kids like that on $200 a month. Especially not when they are growing too.
            I don't want to get too much into your personal "stuff", but since you brought this up... possibly this would be a good time, considering your budgetary constraints... to adjust your children's eating habits, and hopefully get the obesity issues under control. That would be in the best interests of your entire family.

            Good luck to you...I hope you are able to find suitable work soon.

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            • #21
              Originally posted by rear-ended
              Hey QueenInez,

              I know you probaly dont want to hear this,,,,but,,,,I think it is time to start looking for a lawyer. I never wanted to hear that or even hire one, but there comes a time when you do need one. If you look long and hard, you maybe able to find one that will help. They dont charge any money up front, most of them anyways. Hope things work out for you.
              Rear-ended, your case was very different from QueenInez. You had many concrete facts to give a lawyer. While I would never tell someone not to get a lawyer, it seems the OP does not have much of a case. It has been two years and she was only seen by a doctor once.

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              • #22
                I would recommend a lawyer if the company/ IC is asking you to sign something. If nothing else, you need to know what you are signing and how this will affect your claim, life and employment in the future. Given that 2 attorneys have essentially fired you as a client, your chances of finding a 3rd to fight the claim yet again are slim to none. However, my impression is that they paid a small amount from just after the accident (the $764 souds like a week or two of lost wages) and may offer a small settlement to make the claim end. Paying a couple hundred bucks to a lawyer to review the settlement agreement and explain its terms to you can save you a lot of heartache and trouble in the future. If you can't afford it, check with some of the law schools in the area as most have legal aid clinics at low or no cost.
                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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                • #23
                  Thanks everyone for your help.

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