As I gaze back over this rapidly closing year and try to describe the dominant issues that have engaged those of us within the workers' compensation arena, I am mindful of the story of the three blind men who were asked to describe an elephant. Their...
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...