By Stuart D. Colburn, Shareholder, Downs Stanford On January 11, 2011, the legislature will meet for the 82 nd Regular Session. Downs Stanford will be tracking bills affecting workers’ compensation. Currently, there are three bills that warrant your attention: • SB 93 relates...

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford The Division held its first Performance Based Oversight (PBO) working group meeting on July 27, 2011. The meeting notes developed by the Division of Workers’ Compensation are attached to this Advisory. I refer you to those notes for a discussion...

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. App. El Paso Aug. 26, 2011) . The Appeals Panel...

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. App. El Paso Aug. 26, 2011) . The Appeals Panel...

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 shall evaluate a compensable injury in which...

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 shall evaluate a compensable injury in which...

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. Guar. Ass'n v. Brooks, 2011 Tex. App. LEXIS...

By Nicholas Canaday, III, Shareholder, Downs Stanford, P.C. Re: Texas Mutual Insurance Co. v. Ruttiger , 265 S.W.3d 651 (Tex.App.-Houston [1 st Dist.] Jul 31, 2008) (NO. 01-06-00897-CV), review granted (Mar 12, 2010); Judgment Reversed, in part; Rehearing Granted (Feb. 17, 2012). Synopsis: ...