Questions Answered by Roy Lee Warren - Justia Legal Answers

• 16 March 2013Q: I have a full disability and receive monthly worker's comp and full time nursing. If I marry, will my workers comp
  A: No, worker's compensation in Texas does not change with respect to your marital status. If your thinking of getting married do not let worries about state workers compensation in Texas give you pause.
• 6 March 2013Q: Workerscomp will not pay for my surgeries can I sue
  A: The short answer is maybe, eventually, when your administrative appelas are exhausted. Assuming there is a compensable injury and the request for surgery was properly requested by your provider. Were your surgeries preauthorized by the carrier, was your claim accepted as compensable and if the surgery was preauthorized was the surgery performed within the deadlines. Sorry it seems I am asking more questions than you did. The problem is that each action may result in a diffierent action. Lets say the IC does its usual two step. First assuming a back injury the IC say it accepts a sprain/strain but you have cadua equina syndrome and need immediate surgery because you cannot even walk. Under an emergancy situation you are entitled to go to the ER for surgery but that does not guarantee the IC will pay for your surgery. Lets change the situation and you hurt your back and providers treat you in accordance with AMA guides, first PT, then injections, then when all other treatment has failed they ask for pre-authorization and it is initially approved. Providers have you come in and give blood before surgery. The next day you go to the hospital and you are preped for surgery (shaved down there , not very dignified) having to under go several humiliating act and almost put under sedation when a nurse comes in (and just as you see in the movies where the warden says there has been a stay) you discovery the IC has cancelled the surgery in effect because they will not pay for it. They can even do that! They cop out and say, well the provider could have gone ahead with the surgery! Lets look at another senario, (an actual case I handled a few years back) IC denied the claim in its entirety. The IW had surgery, the IW required nursing services at home. I advised the law requires reasonabel and necessary medical is required so if the doctor owrites a prescription for NURSING SERVICES I WILL GET HIS WIFE PAID. When it was all said and done I was able to get her paid $24,000 for taking care of her husband, even though she was not a nurse and she did not charge her husband. Like I say, my name is Warren, so I am at the end of the alphabet so I must be creative to stay in business. Another thing about the nursing service you are sure to love, a lawyer is not to take fees because it is medical services. Why did I fight for it knowing I would not take fees, I care! That's why I fought for it my client deserved every penny of it! Not many lawyers fight for nursing services because it is the wrong situation and they cannot or they do not know how to get the nursing services or they know they do not get paid for obtaining medical to be paid to the IW. I hope I have answered your question and I wish you good luck. I believe you will need a good attorny but if you are not getting paid income benefits and only have medical expenses left, your going to have a tough time getting representation, sorry. I hope you can find someone to help. Roy Warren, San Marcos Board Certified Lawyer, by the Texas Board of Legal Specialization.
• 6 March 2013Q: How much time can you get for a second degree felony?
  A: Taking your question simply as it states, with no enhancements or aggravating factor it is 2 to 20 years in prison in addition to a fine up to $10,000. Also if eligible for probation, the maximum probation even for 1st degree felony is 10 years.
• 2 March 2013Q: Can i stiil recieve my workmans comp payments if i move to another state
  A: In order to receive worker's compensation benefits there is no requirement that the injured worker (IW) live in any particular area, so sure, you can still receive payments. Just be sure to file a Change of Address with both the DWC and the carrier. You need to let the carrier know your new address so they can send mail (check), or you can select the electronic method to receive your check if you otherwis meet the criteria. Another important reason also that you must inform them is so that when the send notices of action you must perform because many times they send you time sensitive notices. It is important that you receive your mail from them promptly because many time you receive time sensitive notices. A problem you may run into is obtaining an out-of-state doctor. To make sure you have as seamless a trasaction as you can have, contact the carrier and ask if they have doctors in that state. I wish you the best of luck. Roy Warren. Roy L. Warren, Board Certified in Workers Compensaton by the Texas Board of Legal Specialization.
• 24 February 2013Q: On 3 yrs probation & charge has 2 years state time. I'm a first time offender. My P.O revoked me what will happen?
  A: Unfortuntely you could be in a world of trouble because you do not have the same rights that you had when you where initially charged with a state jail felony. State only has to prove you probably violated probation. Now your fate depends on many factors. First time offender is good, but has a Motion to Revoke (MTR) been filed because you picked up a new charge, had a dirty UA, failed to report or other reason? I will give you a brief synopsis of a typical case where the State files a MTR against a person because they have not performed community service, has not attended courses mandated, missed an appointment or two, and of course, behind on probation fees. I try to make sure that people I assist understand there are only 2 reasons to miss a probation appoinment, 1st your in jail, 2nd you are dead! I know it is too late now but, please, please NEVER miss probation appointment because you cannot pay fees/fines. I am sure people are revoked for being behind on probation fees and fines but honestly if you are trying to pay, I must say in over 20 years of practicing law, I have NEVER seen a person have a MTR filed against them for JUST being behind on payments ALONE. Assuming your case is substance abuse (we need to end this stupid war on drugs!)I would expect you will be placed on more stringent supervision, requiring you to now report once a week, rather than once a month to probation. As well other conditions maybe placed on you and additional fees. You may even have your probation extended. If you have not had your MTR hearing yet I would suggest getting as much of your probation requirements accomplished so the Judge knows that although you may not have quite understood before, you now GET IT! If you have no job there is no reason to not have CS finished. Be humble, ask for help, stay off social media and hope for the best. Best of luck, Roy
• 24 February 2013Q: I need to get a lawfirm to remove fees after they withdrew rep, after 3 weeks so i can have another lawyer represnt me.
  A: I believe your best option is finding a lawyer that is willing to negotiate terms with the other lawyer on your behalf and then take over your case. I have been able to do that many times by working out a deal with the other lawyer. The problem for many lawyers is that if they take over a case with a previous lawyer being owed an abundance of fees, the new lawyer could do all the work and the old lawyer gets all the fees. That is because the IC pays fees by the FIFO method (First in, First out). But by obtaining an agreement with the old lawyer the new lawyer can help smooth any problems between you and him or her and ensure that the new lawyer will be paid as well. The new lawyer can ensure he gets payment by obtaining an agreement with the old lawyer where he agrees to accept a reduction of fees. If the old lawyer is not willing to accept reduced fees or negotiate that could be a tenuous situation and is just one of the many problems with the 1989 Act. Good luck. Roy
• 30 January 2013Q: Do you have to pay back workers comp if you get a settlement
  A: If you are asking if you have to pay back money to the WC carrier for a 3rd party claim (money you get from a person whose negligence caused an injury)you do not pay it back. However the WC carrier will require you to show that you have spent the money you recovered on medical expenses to treat your injury before the WC carrier will pay for any additional medical expenses on your claim. In addition when your 3rd party claim is settled the WC carrier is usually there holding its hand out to grab at least a portion of your recovery. By law the WC carrier may be entitled to a subrogation right of 2/3s (or more) of your recovery to repay the WC carrier for benefits it has paid on your claim. If you are asking about a payment from a disability claim YOU PAID FOR, and assuming the disability contract does not address a WC claim, the money should be yours, based on a decision I wrote (I may have been a ghost writer on it) while with the WC appeals panel. If your employer paid for the claim then the carrier is entitled to the disability benefits and if both you and your employer paid for the disability plan you share in the proportion of your payment. Also be aware you may have short term disability and long term disabilty. In that case be sure to review the contracts for both because they may be different. Good luck. Roy
• 30 January 2013Q: It has been >5 years since I completed Defrd Adj probation Fel domstic violnce.When can I get right to bear arms back?
  A: There is a split of authority in Texas as to whether a person that has a felony deferred adjudication probation is entitled to bear arms again, so you will need to check your particular jurisdiction. The district attorney's office should be able to answer the question if you can trust them. Otherwise a felon can possess a firearm in their home only after 10 years.
• 30 January 2013Q: In the state of Texas is it evading police by turning your hazard lights on and drivng at a slow speed.
  A: If you are aware the police officer is trying to stop you, yes, it would be evading. I had a jury trial on this issue last year where the police officer whistled as my client went by him and the jury inferred he must have seen the flashing lights and heard or saw the police officer but he kept driving. And the reason he was leaving is because he knew someone called the cops to break up a fight he started so I guess in hindsight he was lucky to get probation.