Workers' Compensation

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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: 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: 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: 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

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

Texas: Potential Violations for Failure to Timely Exchange Evidence Prior to a Benefit Review Conference
Posted on 1 Mar 2011 by Stuart D. Colburn

The new BRC rules for exchange of evidence went into effect on October 1, 2010. As provided in Advisory 10-27, dated September 24, 2010, Downs Stanford provided information concerning the new schedule of required exchanges of relevant documents preceding... Read More

Texas Benefit Review Conference Exchanges
Posted on 28 Sep 2010 by Stuart D. Colburn

On October 1, 2010, the new rules for BRC exchanges take effect. We recommend that you develop work flow processes to assure that you meet the time sensitive deadlines. You also need to train whomever is going to perform the evidence exchange on what... 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 (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

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: 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 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... Read More