Workers' Compensation

Recent Posts

Opting Out is the New “In” Thing: Study Discusses Alternatives to Workers’ Compensation
Posted on 14 Jan 2013 by John Stahl

By John Stahl, Esq. The astronomical benefits-related costs, protracted dispute resolution process, and numerous other ills associated with workers’ compensation that have prompted reforms have also increased support for the “opt-out”... 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

CWCI Study Examines Potential Impact of a Drug Formulary in California Workers’ Comp
Posted on 7 Oct 2014 by California Workers' Compensation Institute

A new California Workers’ Compensation Institute study shows that adopting a state-mandated workers’ comp prescription drug formulary such as those used in Texas and Washington State could reduce California workers’ compensation pharmacy... 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

Walmart Opts Out
Posted on 10 Apr 2012 by LexisNexis Workers' Comp Law Newsroom Staff

The Texas Tribune reports on Walmart's heavy blow to the Texas workers' compensation system when the retail giant decided to opt out in March 2012. Texas is currently the only state where employers can opt out of the workers' compensation... 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

Ohio: Statute Precluding Comp Coverage for Worker Temporarily in the State Does Not Apply to Employee of Texas Non-Subscriber
Posted on 17 Oct 2014 by Larson's Spotlight

Like a number of other states, Ohio has a provision in its comp act [ORC Ann. § 4123.54(H)] precluding workers’ compensation coverage for an employee when: (1) the employee is a resident of another state; (2) the employee is insured in a state... 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: Injured Employee of Non-Subscribing Employer May Not Proceed Directly Against Employer’s Liability Insurer
Posted on 28 Nov 2014 by LexisNexis Workers' Comp Law Newsroom Staff

In a per curiam order, the Supreme Court of Texas held that a worker could not proceed directly against a non-subscribing employer’s general liability insurance carrier until it had been established, by judgment or agreement, that the employer had... Read More

Texas: Court Affirms Judgment on $680,000 Verdict Against Non-Subscribing Employer
Posted on 4 Sep 2015 by Larson's Spotlight

In a personal injury case involving a workers’ compensation nonsubscriber, a Texas appellate court affirmed, for the most part, a judgment favoring an employee who sustained injuries when he was struck by a bundle of large-gauge wire used to make... 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

I Walked Out Into West, Texas
Posted on 13 May 2013 by Stephen C. Embry

By Stephen C. Embry, Esq. On April 17, 2013 an explosion at the West Chemical and Fertilizer Co., registering 2.1 on the Richter scale, leveled the plant and much of the surrounding town of West, Texas. The explosion was so powerful and destructive... Read More

Texas: Widow’s Gross Negligence Action Against Employer Fails
Posted on 5 Dec 2014 by Larson's Spotlight

In Texas, an employer that causes the death of an employee due to the employer’s gross negligence or intentional acts or omissions is subject to suit for exemplary damages brought by the surviving spouse or heirs of the deceased employee [see Tex... 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