By Stuart D. Colburn, Shareholder, Downs Stanford The average weekly wage (AWW) for the claimed employer was $186.62. The claimant’s alleged concurrent employment AWW was $406.15 for a total AWW of $592.77. The claimant’s concurrent employment was working for several entities as an...
At the 19th Annual Workers' Compensation and Disability Conference & Expo, Las Vegas, NV, attorney Robert Rassp of California and attorney Stuart Colburn , Shareholder at Downs Stanford in Austin, Texas, were interviewed on their expectations for the Executive Roundtable Session. You can view...
At the 19th Annual Workers' Compensation and Disability Conference & Expo, Las Vegas, NV, attorney Robert Rassp of California and attorney Stuart Colburn , Shareholder at Downs Stanford in Austin, Texas, were interviewed on their expectations for the Executive Roundtable Session. To view the...
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...
By Stuart D. Colburn, Shareholder, Downs Stanford On November 15, 2010, the Appeals Panel issued Appeals Panel Decision No. 101430 [ 2010 TX Wrk. Comp. LEXIS 113 ] that addresses some of the specifics with regard to the validity of a Claimant’s job search. This decision appears to loosen...
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, Shareholder, Downs Stanford The Division announced a new policy to its administrative staff designed to limit the number of Benefit Review Conferences (BRCs). Benefit Review Officers are now instructed to deny BRC Requests on MMI/IR disputes unless there is an alternate certification...
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 a Benefit Review Conference. As reported in the...
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 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. Currently, the Division measures carriers on...
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. Currently, the Division measures carriers on four...
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...
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...
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 to challenge or provide additional evidence regarding...
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 Stuart Colburn, Esq. This is the third part of a three-part series on prescription drug abuse in America. Part One explained “the problem”. Part Two identified the stakeholders involved with this epidemic. Part Three below discusses strategies for addressing prescription drug...
By Stuart Colburn, Esq. This is the third part of a three-part series on prescription drug abuse in America. Part One explained “the problem”. Part Two identified the stakeholders involved with this epidemic. Part Three below discusses strategies for addressing prescription drug abuse...
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 are as follows: Timely Initial Payment of Benefits...
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 including the EDI-01, EDI-02, and EDI-03. Carriers...
LexisNexis has partnered with the National Workers' Compensation & Disability Conference ® ! Join your fellow LexisNexis Workers' Compensation Law Community members at this year’s National Workers' Compensation & Disability Conference ® , November 7 - 9 at the Las...
By Stuart D. Colburn and Albert Betts, Jr. Cotton, cattle and oil were the primary economic engines when Texas first adopted workers’ compensation. In the 100+ years since, the economy and workers’ compensation laws have changed dramatically. The shift from an agricultural to a manufacturing...
LexisNexis has partnered with the National Workers' Compensation & Disability Conference ® ! Join your fellow LexisNexis Workers' Compensation Law Community members at this year’s National Workers' Compensation & Disability Conference ® , November 7 - 9 at the...