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Texas: Performance Based Oversight

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...

Texas: Performance Based Oversight Committee Update

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...

Texas: Performance Based Oversight Committee Update

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...

Texas: SORM v Rodriguez 08-10-00278

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...

Texas: SORM v Rodriguez 08-10-00278

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...

Texas Case Management

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...

Texas Case Management

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...

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...

Texas Performance Based Oversight (11/2/2011)

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...

Texas: TPCIGNA v Brooks 03-10-00428

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...

Prescription Drug Abuse in America (Part Three) - Strategies

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...

Prescription Drug Abuse in America (Part Three) - Strategies

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...

Texas: Performance Based Oversight (12/23/11 Update)

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...

Texas: Potential Enforcement Action

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...

National Workers’ Compensation & Disability Conference: A Special Benefit for LexisNexis Workers’ Compensation Law Community Members

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...

Workers’ Comp, Texas Style: A Highly Regulated System in a Pro-Business State

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...

National Workers’ Compensation & Disability Conference: A Special Benefit for LexisNexis Workers’ Compensation Law Community Members

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...