Workers' Compensation

Recent Posts

Prescription Drug Abuse in America (Part Three) - Strategies
Posted on 20 Nov 2011 by Stuart D. Colburn

By Stuart Colburn, Esq. This is the third part of a three-part series on prescription drug abuse in America. Part One explained “the problem”. Part Two identified the stakeholders involved with this epidemic. Part Three below discusses... Read More

Texas: Performance Based Oversight (12/23/11 Update)
Posted on 24 Dec 2011 by Stuart D. Colburn

Beginning January 1, 2012, the Division of Workers’ Compensation (DWC) will begin its six month collection of data to assess insurance carriers for Performance Based Oversight (PBO). The PBO period will last until June 30, 2011. The PBO measures... Read More

Robert Rassp and Stuart Colburn Interview on 19th Annual Workers’ Compensation and Disability Conference Executive Roundtable Session
Posted on 2 Dec 2010 by LexisNexis Workers' Comp Law Newsroom Staff

At the 19th Annual Workers' Compensation and Disability Conference & Expo, Las Vegas, NV, attorney Robert Rassp of California and attorney Stuart Colburn , Shareholder at Downs Stanford in Austin, Texas, were interviewed on their expectations... Read More

Texas: SORM v Rodriguez 08-10-00278
Posted on 11 Oct 2011 by Stuart D. Colburn

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford This case addresses when a DWC-69 is required after a change in an impairment rating (IR) due to a mathematical error. State Office of Risk Mgmt. v. Rodriguez , 2011 Tex. App. LEXIS 6839 (Tex.... Read More

Texas Performance Based Oversight (11/2/2011)
Posted on 2 Nov 2011 by Stuart D. Colburn

The Division is evaluating the current criteria Performance Based Oversight (PBO) committee meetings and seeking additional measures. The Division is also accepting input on the weights given to the various measures, a re-assessment opportunity, procedure... Read More

Texas Case Management
Posted on 11 Oct 2011 by Stuart D. Colburn

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford The preamble to New Rule 137.5 is causing a controversy and perhaps a significant increase in costs to employers and carriers. Tex. Lab. Code Sec. 413.021(a) , states: "The insurance carrier... Read More

Texas: City of Port Arthur v. Brown
Posted on 2 Nov 2011 by Stuart D. Colburn

This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while... Read More

Texas: Performance Based Oversight Committee Update
Posted on 15 Sep 2011 by Stuart D. Colburn

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford The Division of Workers’ Compensation (DWC) is holding stakeholder meetings regarding Performance Based Oversight (PBO). The Division is seeking stakeholder input to add additional measures... Read More

Texas: Potential Enforcement Action
Posted on 11 Feb 2012 by Stuart D. Colburn

The Division is reminding system participants that enforcement actions may be taken against stakeholders who perform any activity in violation of the statutes or rules. Recent reminders include: A. New EDI Forms The Division created new EDI forms... Read More

Workers’ Comp, Texas Style: A Highly Regulated System in a Pro-Business State
Posted on 26 Jul 2012 by Stuart D. Colburn

By Stuart D. Colburn and Albert Betts, Jr. Cotton, cattle and oil were the primary economic engines when Texas first adopted workers’ compensation. In the 100+ years since, the economy and workers’ compensation laws have changed dramatically... Read More

Texas: TPCIGNA v Brooks 03-10-00428
Posted on 4 Nov 2011 by Stuart D. Colburn

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford This case concerns application of the TX Supreme Court's decision in Leordeanu v. American Protection Ins. Co., 330 S.W.3d 239 (Tex 2010) . The claimant in Tex. Prop. & Cas. Ins... Read More

Robert Rassp and Stuart Colburn Interview on 19th Annual Workers’ Compensation and Disability Conference Executive Roundtable Session
Posted on 2 Dec 2010 by LexisNexis Workers' Comp Law Newsroom Staff

At the 19th Annual Workers' Compensation and Disability Conference & Expo, Las Vegas, NV, attorney Robert Rassp of California and attorney Stuart Colburn , Shareholder at Downs Stanford in Austin, Texas, were interviewed on their expectations... Read More

2010 Year in Review: The Top 10 Workers’ Compensation Events in Texas
Posted on 9 Dec 2010 by Stuart D. Colburn

By Stuart D. Colburn, Shareholder, Downs Stanford 1. New Causation Standard The Texas Supreme Court addressed causation for the first time since 1943. Since that time, lower appellate courts and the Division often stated the injury need only... Read More