Due to the concerns over COVID-19, Texas workers compensation hearings are proceeding at a regularly scheduled pace, but by zoom video conference as available.
The hearings are being done on what I call a "lowest common denominator" basis as far as technology. ZOOM videoconferences allow multiple parties to see and hear each other through webcam/microphone on computers, tablets and smartphones. However, not all participants in a hearing may have the ability to do video where they can send and receive the signal reliably, whether due to the device or internet speed/quality. So in those cases, all parties are supposed to only use audio since it is presumed that everyone can at least use a telephone to call in (if they can't, of course, it should just be rescheduled).
The problem for many injured workers is that in order to have the evidence necessary to proceed, medical examinations must occur and reports must be finalized by the doctors. This is where the bottleneck in the system is currently taking place. The Texas department of insurance division of Worker’s Compensation issued a bulletin yesterday. This bulletin reopens designated doctor examinations as of June 15 for designated doctor examination is that were already ordered and as of June 22 for designated doctor examinations that have been filed but not yet processed and ordered. However, the permissible scope of these examinations is limited at the current time. Return to work issues are not being addressed due to the executive action following the governors disaster order. The governor suspended work search requirements for unemployment benefits. The Worker’s Compensation laws follow in some areas the unemployment laws in terms of work search requirements for severe injuries. Therefore the commissioner determined that return to work evaluations should not take place at this time due to the risk that The insurance carrier would use the results of the examination to unfairly suspend benefits when there is no work available.
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