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  1. #1
    Join Date
    Jun 2018
    Posts
    1

    Question Should My Tdi Checks Start Back Up

    Hello.

    I was injured in Texas ten months ago. I was placed on light duty, but my employer could not accommodate the restrictions.
    I started getting TDI checks.
    I had surgery in Feb. and was released from light duty in March.
    My TDI checks stopped.
    I was still under doctor's care and attending physical therapy 3x per week.
    My employer kept putting me off. They finally contactied me in April and terminated me.
    I applied for unemployment and was denied. I appealed and was denied again.
    It was determined in May that I needed another surgery. It was scheduled for June. I went in for the surgery but it was canceled during pre-op. I was sent to a cardiologist and a pulminologist. I was diagnosed with COPD and placed on lifetime oxygen treatment.
    The insurance adjuster contacted me to let me know that she had mailed out a TDI check but since my surgery was canceled I needed to tear it up.
    The second surgery for my injury is on hold. My treating specialist has determined that the surgery has to be done in an impatient facility. He does not have priviliges at such a facility. He is currently looking for another doctor to perform the surgery and take over my care. He put me back on light duty.
    Should my TDI checks start back up?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,008

    Default Re: Should My Tdi Checks Start Back Up

    TxTammy
    Should my TDI checks start back up?
    You mean TTD - they never should've stopped, you needed a lawyer months ago.
    Have no further contact with the adjuster or employer until you retain a lawyer, they're screwing you over.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Dec 2018
    Location
    Lubbock
    Posts
    2

    Default Re: Should My Tdi Checks Start Back Up

    I have a simalar question. I was injured 9/2016. Went to court 6/2017 . started reciving benifits 7/2017. Had surgery for a meniscus tear in 10/2017. Released by surgeon to light duty 1/2018. I resingned 9/2016 due 2 none of tge supervisors would accommodate me. I had no choice but to resign. In dec benifits were stopped. With no explanation. I seen D.D. 3/2018 dif not set me at MMI. 6/2018 See. I.D. he gave me an I.R. requeated the D.D. seen him 10/2018. Still did not give MMI. & now going to see him 12/15/2018. Shouldn't i still be reciving benifits?

  4. #4
    Join Date
    Oct 1971
    Posts
    5,008

    Default Re: Should My Tdi Checks Start Back Up

    georgial1125
    I resingned 9/2016 due 2 none of tge supervisors would accommodate me. I had no choice but to resign.
    Actually, you did have a choice - you could've forced their hand and make them lay you off or fire you.
    By resigning, you automatically forfeited the wage loss side of your claim.

    Shouldn't i still be reciving benifits?
    Medical only, you can't collect wage loss once when you resign - If they allowed that, everyone working with restrictions would resign and collect benefits.
    You screwed up.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Dec 2018
    Location
    Lubbock
    Posts
    2

    Default Re: Should My Tdi Checks Start Back Up

    Ok so then should the judge have not given order to pay benifits? I was not expecting to recive benofits from the get go. But went to court and was given tibs.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,008

    Default Re: Should My Tdi Checks Start Back Up

    Quote Quoting georgial1125 View Post
    Ok so then should the judge have not given order to pay benifits? I was not expecting to recive benofits from the get go. But went to court and was given tibs.
    Like I said, you forfeited your claim by quitting - you screwed yourself.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Mar 2009
    Location
    Dallas, TX
    Posts
    89

    Default Re: Should My Tdi Checks Start Back Up

    If your doctor says that you have restrictions that keep you from doing your job, then you are entitled to benefits even if you have resigned. Based on the facts you provided, it looks like you were released to return to work in January. If so, you are owed benefits up until that time. If your doctor has issued restrictions again since then, you are owed benefits now.

    I wrote a book about this stuff, and it is available as a free download. It's called "The Ultimate Survival Guide For Texas Injured Workers: Everything You Need To Know To Beat Insurance Companies At Their Games." The download link is https://getmorris.bitrix24.com/pub/f...equest/j78l93/

    Matt Lewis
    www.mattlewislaw.com

  8. #8
    Join Date
    Oct 1971
    Posts
    5,008

    Default Re: Should My Tdi Checks Start Back Up

    f your doctor says that you have restrictions that keep you from doing your job, then you are entitled to benefits even if you have resigned.
    That's conditional upon if the employer fails to accommodate and if the claimant is doing an active job search for work within his restrictions.
    Even in cases where the claimant doesn't quit, they are still obligated to do a job search for work within their restrictions when the employer fails to accommodate.
    You can't voluntarily remove yourself from the labor market, collect wage loss benefits and take a paid vacation indefinitely.

    It would make sense to quit for a better job that could accommodate your restrictions otherwise you're playing with fire - I'd strongly advise against it.
    They can make you accept any work within your restrictions to reduce or eliminate benefits, even if it's being a greeter at Walmart or a bag boy at a grocery store.

    The employer could simply offer to accommodate the employee's restrictions as a defense against paying benefits after he quit, then what?
    It is true if the employer fails to accommodate for any reason, the claimant is eligible for wage loss benefits - This is why it makes no sense to quit.
    In most states if you quit, you lose wage loss benefits due to the fact you voluntarily removed yourself from the labor market and are no longer an employee of the insured.

    Making a Bona Fide Offer of Employment
    Employers may want to make a written Bona Fide Offer of Employment. For an offer to be considered to be “bona fide”, all required information, as specified by TDI-DWC rule, 28 Texas Administrative Code (TAC) 129.6 must be included. If an injured employee refuses a written Bona Fide Offer of Employment, benefits may be reduced or suspended by the insurance carrier.
    https://www.tdi.texas.gov/WC/rtw/documents/rtwguide.pdf

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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