Disability Insurance

[laurably]

Texas - My mother is a nurse of 36 years. Last year, on the job, she was injured lifting a patient -- twice. She has been on workers comp since February '00. Her first doctor sent her for an impairment rating BEFORE her second doctor decided she needed back surgery. Because of the first doctor's poor judgement, workers comp has now ended her benefits because of the impairment rating and her employer refuses to provide her with disability coverage even though she has requested it in writing by certified mail. Shouldn't there be some way to make the employer comply and afford her with coverage?

 

[ALawyer]

There should, but this is something that depends on the specific fact pattern and is based on local Texas law. So speaking to a Workers Comp lawyer first would be the way to go. Possibly an appeal of the decision is needed.

 

[laurably]

We did appeal the WC decision. However, since the first doctor misdiagnosed her back injury and had an impairment rating performed, the WC decision is based on the impairment rating. Her second doctor (along with third doctor) states that back surgery is necessary. WC states that after the surgery is performed, months down the road, then and only then can the decision be appealed. In the meantime, my mother has no income and no disability insurance because her employer refuses to respond to her request for the disability to kick in. SSI also takes months to kick in. What next?

 

[ALawyer]

Have you consulted lawyers in Texas to help you? What do they say?