What we are seeing are doctors that are performing drug testing on injured workers as part of the examination. Then, if the drug test comes back positive, the doctor is using this positive finding as a basis for claiming some other problem is the cause of the injured worker’s complaints.
Continue Reading Abuse of Drug Testing by Carrier Doctors
Division of Workers Compensation
Lost Wages: Temporary Income Benefits
When you’re injured on the job and you file a workers compensation claim, the first set of income benefits that you should receive is called Temporary Income Benefits (“TIBs’). Once you miss more than 7 days of work due to your injury, then your entitlement to TIBs will begin. They can last up to 104 …
TX DWC Announces September Workers’ Compensation Violations
On October 20, 2014, Texas’s Division of Workers’ Compensation (DWC) announced final disciplinary actions against insurance carriers, health care providers, and employers for violating the state’s workers’ compensation laws. Division of Workers’ Compensation Announces Recent Enforcement Action, Tex. Dep’t Ins. (Oct. 20, 2014), available at http://www.tdi.texas.gov/news/2014/dwc—10—20.html.
Since January 1, 2014, administrative penalties for these violations total $1,774,345, including $1,658,245 against insurance carriers, $65,600 against health care providers, and $1,000 against employers.Continue Reading TX DWC Announces September Workers’ Compensation Violations
Texas Injury Statistics by Race Go Uncollected
Access the NY Times article here: http://www.nytimes.com/2014/10/10/us/injury-statistics-by-race-go-uncollected.html?_r=0
$97 Million in Workers’ Comp Fraud: 2012’s Top Cases
Workers’ compensation fraud occurs when individuals intentionally make false representations to obtain or to deny workers’ comp benefits, which reimburse employees injured on the job.
Individuals committing workers’ comp fraud carry many faces—employees, employers, and healthcare providers all qualify as potential violators. Employees become violators when seeking benefits by misrepresenting their injuries, employment status, or treatment. Alternatively, employers commit workers comp fraud not to receive benefits, but to avoid responsibility. Employers often seek to avoid responsibility by underreporting employee payrolls and avoiding premiums. Last, health care providers, such as doctors, counselors, and pharmacists, become violators by duplicating bills, billing patients for improper services, and receiving payments from multiple insurance carriers for the same treatment.
2012’s Top 10 Cases
In 2012, the top ten workers’ comp fraud cases cost America $97,446,500. Below is a short description of each case and its damages:Continue Reading $97 Million in Workers’ Comp Fraud: 2012’s Top Cases
Workers’ Compensation: Are you Covered?
Normal
0
false
false
false
EN-US
JA
X-NONE
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:”Table Normal”;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-parent:””;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-para-margin-bottom:.0001pt;
mso-pagination:widow-orphan;
font-size:12.0pt;
font-family:”Times New Roman”;
mso-bidi-font-family:”Times New Roman”;
mso-bidi-theme-font:minor-bidi;}
Workers’ compensation is a state-regulated insurance program that pays medical expenses and lost wages of employees who are injured at work or suffer from work-related illnesses. Workers’ compensation cases are treated on a case-by-case basis, which means that employees are treated differently based on the nature and severity of their injuries.
In Texas, the agency responsible for regulating the state’s workers’ compensation system is the Texas Department of Insurance (TDI). Within the TDI exists a smaller division, which carries the sole responsibility of processing and monitoring workers’ compensation claims, called the Division of Workers’ Compensation (DWC).
Texas Court of Appeals Affirms Injured Employee’s LIBS
A work-related accident can result in a lifelong injury. It can also leave you drowning in medical bills, lost income, and uncertainty about your future. Injured employees facing this situation are not alone—workers’ compensation attorneys will answer your questions and fight to obtain the benefits you deserve.
Continue Reading Texas Court of Appeals Affirms Injured Employee’s LIBS
The Presumption of Intoxication, continued.
Currently, the Division of Workers’ Compensation takes the position that the rebuttable presumption shifts the burden of proof in a workers compensation case…The Texas Supreme Court has made very clear that a rebuttable presumption does not shift the burden of proof.
…
Continue Reading The Presumption of Intoxication, continued.
Filing Suit Against the DWC
I haven’t been able to update my blog because I had been sent a cease and desist letter from the DWC informing me that I was in violation of Texas Labor Code Section 419.002(a) because I had used the words “Texas Workers’ Comp” in this blog’s URL.
Well, today I filed suit against the DWC in federal court. You can view my petition here:
…
Continue Reading Filing Suit Against the DWC
The Presumption of Intoxication
According to the Division of Workers Compensation, rebuttable presumption means that the burden of proof shifts to the claimant to prove that they are not intoxicated at the time of injury. This creates a significant hurdle for the injured worker.
…
Continue Reading The Presumption of Intoxication