Matthew B. Lewis

Matthew B. Lewis

Attorney Profile

Top Rated Workers' Compensation Attorney in Dallas, TX

Matt Lewis Law, P.C.
 | 4925 Greenville Ave., Suite 711, Dallas, TX 75206
Phone: 972-644-1111
Selected to Super Lawyers: 2012 - 2017
Selected to Rising Stars: 2009 - 2011
Licensed Since: 1998
Practice Areas:
  • Workers' Compensation (60%),
  • Social Security Disability (20%),
  • Personal Injury - General: Plaintiff (20%)
Attorney Profile

I am a plaintiff’s attorney.  I represent those who are injured on the job, and those injured by someone else’s negligence.  I represent real people with real problems, those with physical injuries and those with psychological trauma.  I do not represent insurance companies or those who make money by depriving the injured.  When injuries include long-term recoveries and loss of the ability to work, I help these clients obtain social security disability benefits.

My Texas workers’ compensation practice includes representation of injured workers before the Division of Workers’ Compensation in Benefit Review Conferences, Contested Case Hearings, and the Appeals Panel.  I also handle cases at the District Court level if a case is appealed into court.  Many of my cases involve everyday disputes of compensability, injuries in the course and scope of employment, choosing a treating doctor, disability, extent of injury, maximum medical improvement and impairment ratings.  I also represent injured workers who are not covered by real workers’ compensation insurance (nonsubscriber claims) in the courts of Texas.

When people are injured due to someone else’s negligence, like in a car wreck, they need immediate help establishing a claim.  I help personal injury victims find the right doctor, get regular medical treatment, document injuries and property damages, present claims to insurance companies, settle claims, or litigate them if necessary.

When disability results from any of these injuries, or if it’s just the result of things that happen in life, I help people get social security disability benefits.  I can help with either SSDI or SSI claims.  Generally, I handle these claims from filing the initial application through reconsideration and hearings.  While hiring an attorney is not required in social security claims, those that do will find it to be an invaluable service to help navigate a disability program that is nearly incomprehensible to those that aren’t versed in the nuances of the law.

White Papers

  • Update - Texas Workers' Compensation Impairment Rating Disputes (2014) - A review of new caselaw affecting the certification and litigation  of maximum medical improvement and impairment ratings in Texas workers' compensation cases.

  • Texas Workers' Compensation: Maximum Medical Improvement (MMI) Is Not Based On ODG Or MDA Guidelines (2013) - This paper addresses the concept of maximum medical improvement in light of the Official Disability Guidelines and the Medical Disability Advisor.  The conclusion is that neither guideline can be relied upon to determine maximum medical improvement.  A certification of MMI and impairment must be based on a physical exam, and must be about the patient's physical condition on the date of MMI.

  • Average Weekly Wage For Most Employees Owed Texas Workers' Compensation Benefits (2011) - Texas workers' compensation law requires that all benefit payments be based on the injured workers' average weekly wage. Understanding how average weekly wage is determined is crucial for both insurance adjusters and injured workers. This article discusses how most employees can determine their average weekly wage, and what types of wages and benefits can be included in the calculation. For instance, did you know that if your employer stops paying your health insurance premium that your workers' comp check should increase?

  • Submitting A Request To Change Treating Doctor In A Texas Workers' Compensation Claim (2011) - Injured workers in Texas have the right to treat with a doctor of their choice. They are not required to treat with a company doctor. This article explains the process for submitting the documentation necessary to secure an official change of treating doctor in a Texas workers' compensation claim. Links are provided to the proper forms and suggestions are given for how to complete a change of doctor request before it is filed.

  • Disability In Texas Workers' Compensation Claims (2011) - Disability under Texas workers' compensation law is not the same as disability in a social security claim. It is an economic concept tied to a claimant's ability to earn wages rather than functional ability per se. Understanding this concept is critical if injured workers expect to be compensated for lost wages.

  • How To File A Texas Workers' Compensation Claim (2011) - When an injury occurs in the workplace, there are three things that an injured worker must do immediately to properly file a claim. This article addresses why it is important to timely report an injury to the employer, to seek medical attention promptly, and to file the necessary claim paperwork with the Division of Workers' Compensation. Once these things are accomplished, the claim has been properly filed and the claimant has reduced the odds that the claim will be denied.

  • Proving Extent Of Injury In A Disputed Texas Workers' Compensation Case (2011) - Extent of injury is a highly contested issue in the Texas workers' compensation system. Insurance companies regularly raise disputes claiming that liability is limited to a sprain or strain diagnosis when in fact, the injury is much more serious. In these situations, injured workers and the doctors that treat them must understand how to prove the more serious diagnosis resulted from the work incident or is otherwise compensable. This article addresses the most common methods for showing compensability in extent of injury cases.

  • Impairment Rating For Distal Clavicle Resection In A Texas Workers' Comp Claim (2011) - In Texas, when an injured worker has a compensable workers' compensation claim, he is entitled to an impairment rating, which is a measurement of the permanent damage to the body. In many shoulder injuries that are surgical, the surgeon performs a distal clavicle resection. This procedure should net the claimant an extra 6% of permanent impairment. This translates into increased benefits and a greater potential for reaching the supplemental income benefits threshhold of a 15% whole person impairment rating. Many doctors omit this extra impairment from the impairment rating certification, but it must be included by law. In every shoulder surgery case, the surgical record should be reviewed by the treating doctor or an attorney to determine if the claim qualifies for the additional benefits owed for the distal clavicle resection.

  • Social Media & Your Texas Workers' Comp Case (2010) - The potential effect of social media status postings on a workers' compensation claim.

  • Proving Causation In A Texas Workers' Compensation Claim (2010) - Injured workers and doctors in Texas are often misled to believe that if the claimant can prove his diagnosis, then it will be covered under the workers' compensation claim. But that is never enough. The injured worker must prove that the diagnosis in question resulted from the work incident. This is an overview of proving causation in a Texas work comp case.

  • About Matthew Lewis

    Admitted: 1998, Texas

    Professional Webpage: http://www.mattlewislaw.com/attorney-profiles/matthew-b-lewi...

    Honors and Awards:

    • The National Academy of Personal Injury Attorneys named me a Top 10 personal injury attorney in Texas, 2016
    • The National Academy of Personal Injury Attorneys named me a Top 10 Personal Injury Attorney in Texas., 2015
    • The National Trial Lawyers named me one of the top 100 lawyers in North Texas., Top 100, The National Trial Lawyers, 2015
    • The National Trial Lawyers named me one of the top 100 lawyers in North Texas., Top 100, The National Trial Lawyers, 2014
    • Selected as a Texas Top Rated Lawyer in the area of workers' compensation, Dallas Morning News, 2013
    • Selected as a Texas Top Rated Lawyer in the area of workers' compensation, Texas' Top Rated Lawyers, Dallas Morning News, 2012
    • The National Trial Lawyers' Association lists the top 40 Plaintiff's trial attorneys in each state that are under 40 according to its own selection criteria., Top 40 Under 40, The National Trial Lawyers' Association, 2011
    • This rating recognizes the highest acheivement in ethics and ability.  It has been a yearly designation from 2009 to the present., AV Rating, Martindale-Hubbell, 2009
    • Rated 10.0, Superb, by Avvo.com

    Special Licenses/Certifications:

    • Board Certified in Workers' Compensation Law - Texas Board of Legal Specialization

    Bar/Professional Activity:

    • President, Texas Workers' Advocates, 2012
    • President-Elect and Founding Member, Texas Workers' Advocates, an organization pursuing justice for Texas injured workers., 2011
    • Dallas Trial Lawyers Association, 2010
    • Appointed to the Workers' Compensation Exam Commission of the Texas Board of Legal Specialization., 2009
    • College of the State Bar of Texas, 2006
    • Member of the State Bar of Texas, 1998
    • President of Texas Workers' Advocates 2012-2014.  Member and Past President 2015.
    • Member of the Workers' Compensation Section of the State Bar

    Pro bono/Community Service:

    • Chairman, Planning & Zoning Commission, City of Saginaw, Texas, 2009 to Present
    • Capital Improvements Advisory Board, City of Saginaw, TX, 2005-2008
    • Vice-Chair of the Planning & Zoning Commission of the City of Saginaw, Texas, 2006-2009

    Scholarly Lectures and Writings:

    • Spoke to the State Bar's conference on workers' compensation law about updates and issues related to Lifetime Income Benefits., Speaker, Lifetime Income Benefits, State Bar of Texas, 2015
    • I was invited to speak at the State Bar of Texas' Advanced Workers' Compensation Seminar on the topic of Lifetime Income Benefits in the workers' compensation system.  This presentation detailed the history and development of the law in the criteria necessary to prove entitlement to benefits, as well as a review of current case law., Lifetime Income Benefits Update, State Bar of Texas, 2014
    • I presented a discussion of the changes in medical dispute resolution that overhauled how these claims are resolved.  After presenting the barriers to entry into a medical dispute resolution case, I detailed the procedural process for resolving denied medical care in a Texas Workers' Compensation claim, as well as disputes over fee reimbursements between insurance carriers and medical providers., Author & Speaker, Medical Dispute Resolution Status Update, State Bar of Texas, Workers' Compensation Section, 2013
    • I spoke to a mixed-practice group of lawyers on the theory of maximum medical improvement.  Special attention was given to using the definition of MMI to delay the certification of MMI as long as possible in order to maximize recovery in a Texas workers' compensation case., Speaker, Maximum Medical Improvement, The Barnes Law Firm Free CLE Course, 2013
    • I presented a paper and discussion on Lifetime Income Benefits to the State Bar of Texas Workers' Compensation Section at the annual state seminar.  The presentation addressed current case law and rule status affecting an injured workers' eligibility for lifetime income benefits under the Texas Workers' Compensation Act., Author & Speaker, Lifetime Income Benefits, State Bar of Texas, Workers' Compensation Section, 2012
    • Deviating from the normal course of medical dispute resolution and preauthorization issues, this presentation covered unorthodox methods for obtaining medical treatment for Texas injured workers., Speaker, Securing Medical Treatment For Injured Workers, State Bar of Texas Annual Advanced Workers' Compensation Seminar, 2011
    • This article reviewed the Supreme Court of Texas' decision in Insurance Co. of the State of Pennsylvania v. Muro, Cause No. 09-0340 (Tex. 2011) which established a major change in the eligibility requirements for a Texas injured worker to receive lifetime income benefits., Author, Lifetime Income Benefits Eligibility Requires Injury To Enumerated Body Part, State Bar of Texas, Workers' Compensation Section, 2011
    • A look at how brain injuries are diagnosed and assigned permanent impairment ratings in the Texas workers' compensation system., Author, Evaluating The Diagnosis & Impairment Of A Traumatic Brain Injury, State Bar of Texas, Workers' Compensation Section, 2011
    • In this presentation, we addressed how to represent a client through the medical dispute resolution process of the Texas workers' compensation system.  Topics focused on medical contested case hearings and discovery.  Additionally, we addressed current trends and hot topics including pharmacy reimbursement, evidence-based medicine and administrative complaints in lieu of formal dispute resolution., Panelist, Medical Dispute Resolution Update, State Bar of Texas Advanced Workers' Compensation Course, 2010
    • This was an advanced seminars for attorneys in the Texas workers' compensation system.  We discussed issues related to timely reporting of injuries, timely disputes of claims, and disability., Notice of Injury, Waiver, Causation, Disability & Bona Fide Offers of Employment, Workers' Comp Publications, 2009
    • I was asked to speak on Indemnity Dispute Resolution, which is the process for overturning a denial of workers' compensation benefits.  Parties wishing to resolve disputes must go through a benefit review conference, a contested case hearing, and an appeal process before filing suit in the State courts.  Topics including procedural and discovery issues, as well as practical suggestions for reaching a settlement., Speaker, Workers' Compensation New Legislation & Case Law Update, Workers' Comp Publications, 2009
    • In an analysis of case law addressing an insurance carrier's ability to reduce an injured workers benefits to reimburse itself for a prior overpayment of benefits, I presented the argument that this could only be done in rare circumstances, and that in most cases a claimant would be able to obtain a windfall when a carrier is denied a chance to recover overpaid benefits.  However, I spelled out the procedural requirements for a carrier to request approval of reimbursement from the Division, including ways to maximize the recovery., Author, Recoupment: Its Limitations & Procedural Pitfalls, State Bar of Texas, Workers’ Compensation Section Newsletter, Vol. 1, Issue 2, 2008
    • This article addressed the most fatal rule in a workers' compensation claim, the Ninety-Day Rule.  The focus of the article was an analysis of the technical or administrative deficiencies of an impairment rating or its genesis that would allow a party to avoid finality of a rating under the rule., Author, Avoiding The Ninety-Day Rule: Filing Proper Disputes and Challenging Validity of Impairment Ratings, State Bar of Texas, Workers’ Compensation Section Newsletter, Vol. 1, Issue 1, 2008
    • In a presentation to legal and medical providers, this discussion centered on the Division of Workers' Compensation's use of The Official Disability Guidelines as a guide for reasonable and necessary medical treatment in the workers' compensation system.  Topics included medical necessity, preauthorization, exemptions from preauthorization, and medical dispute resolution., Speaker, The Official Disability Guidelines, Texas Workers’ Compensation Ethics and Medical Dispute Resolution Seminar, 2008
    • Panel presentation discussing the need for discovery in the newly created medical contested case hearing.  Topics included identifying information and documents that should be discovered and the methods for obtaining them., Speaker, Discovery In Medical Contested Case Hearings, State Bar of Texas Advanced Workers' Compensation Course, 2008
    • I served as the claimant's voice in a two-person panel presentation to a group of employer and insurance company attendees.  The discussion centered on exhausting administrative remedies and taking workers' compensation cases into court.  Topics included identifying which cases to appeal, costs and expenses, administrative traps, and attorney fees., Speaker, Appealing A Workers’ Compensation Decision, The Texas Work Comp Forum, 2007
    • An introduction to the newly adopted Official Disability Guidelines and The Medical Disability Advisor.  Topics included an overview of the texts and how they affect treatment and benefits in the workers' compensation system., The Official Disability Guidelines & The Medical Disability Advisor, New Legislation & Case Law Update, Workers' Comp Publications, 2007
    • Panel discussion of the newly adopted workers' compensation disability guideline, The Medical Disability Advisor.  The focus of the presentation was on how the MDA would be used and applied, including its evidentiary value, the effect of its recommendations, and in what context it would be applied to specific cases.  The main argument was that it does not affect cases where an injured worker has been released to return to work at light duty, which has become the unwritten industry standard., Speaker, Dispute Resolution & The Medical Disability Advisor, State Bar of Texas Advanced Workers’ Compensation Course, 2007
    • This presentation focused entirely on new procedural rules adopted by the Division of Workers' Compensation in the process of requesting and handling benefit review conferences and contested case hearings., Speaker, The New Benefit Review Conference and Contested Case Hearings Procedures & Standards, Workers’ Compensation Dispute Resolution, Workers' Comp Publications, 2006
    • Work Comp 201 is advertised as a crash course session just prior to the Texas Board of Legal Specialization exam on workers' compensation.  In this session, I covered a broad range of topics including reporting a workers' compensation claim, actual knowledge of a workplace injury, timely claim denial, and how to re-open the question of liability of a claim using newly discovered evidence.  The final area of discussion was of various medical conditions, what they are, how they affect the body, and treatment for these conditions., Speaker, Timely Reporting, Newly Discovered Evidence & Specific Medical Conditions, 2006
    • Work Comp 201 is advertised as a crash course session just prior to the Texas Board of Legal Specialization exam on workers' compensation.  In this session, I covered current issues in handling impairment rating disputes including the AMA Guides, range of motion, multilevel spinal fusion and radiculopathy, cervical vs. lumbar ratings, and keys to determining impairment of the extremities., Speaker, Impairment Rating Cases, Work Comp 201, 2006
    • In a presentation directed mainly at medical providers in the Texas workers' compensation system, I examined current issues surrounding preauthorization.  Providers had been experiencing an increase in denials of requests for medical treatment.  The aim of this session was to explore ways to justify the need for ongoing care, and the steps to take when the insurance carrier denies requests for preauthorization., Documenting The Need For Treatment, Texas Workers’ Compensation Medical Treatment And Dispute Resolution Seminar, 2006
    • Injured workers are often terminated.  The Texas Labor Code provides protection for injured workers' from retaliatory discharge, or termination in retaliation for filing a workers' compensation claim.  The criteria for proving a retaliatory discharge claim were reviewed, as well as differentiating a legitimate non-discriminatory personnel decision from a pretextual reason for termination., Speaker, The Consequences of Terminating A Workers’ Compensation Claimant, Texas Workers’ Compensation Claims Adjusting Pitfalls, Workers' Comp Publications, 2006
    • Work Comp 201 is advertised as a crash course session just prior to the Texas Board of Legal Specialization exam on workers' compensation.  This presentation was just prior to the very first exam offered in the area of workers' compensation for board certification.  In this session, I covered the appeal of a workers' comp case to Civil Court, including all of the most common procedural issues and jurisdictional questions.  The main focus here was to address any and all issues that could be asked on the board certification exam about a workers' comp appeal., Speaker, Workers’ Compensation in Civil Court, Workers' Comp 201, 2004
    • The focus of this engagement was to present all of the most recent case decisions affecting workers' compensation issued by the State Office of Administrative Hearings.  These cases deal specifically with disputes over reasonable and necessary medical care, medical billing, and reimbursement for medical services., Speaker, Medical Disputes: State Office Of Administrative Hearings Decisions Update, Workers’ Compensation Medical/Treatment/Billing/Collection Seminar, 2002

    Representative Clients:

    • Texas Back Institute, 2010
    • Injured Workers in Texas
    • Texas Injured Workers
    • Killeen Injury Clinic
    • Alta Vista Healthcare
    • Elite Healthcare & Rehab
    • Princeton Pain Management
    • Patient's Choice Clinics
    • Main Rehabilitation & Diagnostics
    • Texas Health
    • Central Dallas Rehabilitation

    Video:

    • The attainment of maximum medical improvement and the certification of an impairment rating are two of the biggest events in a Texas workers' compensation claim.  This video addresses what these are, what they mean, and what you can do about it., Basics of MMI and Impairment Rating in Texas Workers' Compensation Injury Claims, Www.DallasWorkComp.com, 2011
    • One of the most important decisions in a Texas workers' compensation claim is the initial choice of treating doctor.  Employers generally send injured workers to company doctors.  Adjusters provide a list of doctors in the network.  Neither of these are the best option.  Matt Lewis of www.dallasworkcomp.com discusses these issues., Initial Choice of Texas Workers' Compensation Treating Doctor, Www.DallasWorkComp.com, 2011

    Newsletters:

    • This newsletter is written for treating doctors in the Texas workers' compensation system and is distributed monthly., Texas Workers' Compensation MedicoLegal Monthly

    Educational Background:

    • BA Harding University, 1994

    Industry Groups

  • State Bar Of Texas Workers' Compensation Section
  • Office Location for Matthew B. Lewis

    4925 Greenville Ave., Suite 711
    Dallas, TX 75206

     

    Matthew B. Lewis:

    Last Updated: 1/25/2017

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