If I refuse surgery - what happens?

[Dallas307]

Wink Wrote:

Dallas307 Wrote:§ 408.005. SETTLEMENTS AND AGREEMENTS.  (a) A settlement
may not provide for payment of benefits in a lump sum except as
provided by Section 408.128.
(b)  An employee's right to medical benefits as provided by
Section 408.021 may not be limited or terminated.
©Ã‚ Â A settlement or agreement resolving an issue of
impairment:            
(1)  may not be made before the employee reaches
maximum medical improvement;  and
(2)  must adopt an impairment rating using the
impairment rating guidelines described by Section 408.124.
(d)  A settlement must be signed by the commissioner and all
parties to the dispute.
(e)  The commissioner shall approve a settlement if the
commissioner is satisfied that:
(1)  the settlement accurately reflects the agreement
between the parties;  
(2)  the settlement reflects adherence to all
appropriate provisions of law and the policies of the division;  and
(3)  under the law and facts, the settlement is in the
best interest of the claimant.
(f)  A settlement that is not approved or rejected before the
16th day after the date the settlement is submitted to the
commissioner is considered to be approved by the commissioner on
that date.
(g)  A settlement takes effect on the date it is approved by
the commissioner.
(h)  A party to a settlement may withdraw acceptance of the
settlement at any time before its effective date.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended
by Acts 2005, 79th Leg., ch. 265, § 3.081, eff. Sept. 1, 2005.

:shy:Dallas~
I'm not debating you--jus' questioning you AND myself. Anytime that something seems out of the norm (for me) then I have to push  questions until I'm satisfied with answers.  That's me!   Nothing personal towards you.

For now, I can only guess that the Texas Rules that I copied and pasted here must be outdated.  Yes?  But then again what you posted talks about Settlement Agreements.  You said there was no Settlement.  Unless you meant that there is NO Lump Sum Settlement? But there again, Section 408.005 that you provided refers to Section 408.128 Lump Sums in the certain instance: § 408.128. COMMUTATION OF IMPAIRMENT INCOME BENEFITS.  
(a) An employee may elect to commute the remainder of
the impairment income benefits to which the employee is entitled if
the employee has returned to work for at least three months, earning
at least 80 percent of the employee's average weekly wage.
(b)  An employee who elects to commute impairment income
benefits is not entitled to additional income benefits for the
compensable injury.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                  

It is OK- there are no settlements- Lump sums on and impairment rating it not a settlement it is an agreement- to pay the rating in advance.

[1171]

dallas:
if there are no settlements then the only way to resolve a dispute as to whether the injury is comp or is to risk all and get a court decision??

[Dallas307]

1171 Wrote:dallas:
if there are no settlements then the only way to resolve a dispute as to whether the injury is comp or is to risk all and get a court decision??

There are stages of hearing a benefit review conference- a contested case hearing... when the hearing officer makes a ruling either party may appeal to the appeal courts-----------that part is a real joke though---after the appeal session one either party may chose to continue to the couts system which takes the case out of the jurisdiction of the Dept of WC---- in the last legislative session they put the court part in place at an earlier stage of the decision making procedure. after 1991 the courts were pretty much out of it as it was a long haul to get there----- the haul is much shorter now
but if the IC looses they have to pay the IW atty. fees and expenses