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Texas Appeals Panel Decision No. 100308 - Causation

By Stuart D. Colburn, Shareholder, Downs Stanford The Claimant worked as a security guard. A nearby refinery released chemical fumes including naphthalene. The Claimant alleged an occupational exposure and sought medical care from two different facilities. He was diagnosed with unspecified chest...

2010 Year in Review: The Top 10 Workers’ Compensation Events in Texas

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 be a producing cause and there can be more than...

Texas: City of Port Arthur v. Brown

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 riding in a city-owned vehicle. The injured worker...