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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: 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...

MO: Is falling on the employer’s lot in the morning enough to obtain benefits?

The recent Commission case Lantie Wilson v Buchanan County , Oct. 14, 2011, 2011 Mo WCLR Lexis 206, involved a claimant who fell on the employer's lot reporting to work. The Commission affirmed an award of benefits and concluded that there was no need to even consider if claimant had equal exposure...

Colorado: Unpaid Volunteer’s Claim Not Barred by Going and Coming Rule

A Colorado court held that a claimant, who served as president of an organization of unpaid volunteers under the supervision of the Teller County Sheriff’s Department, was not only an “employee” under the special volunteer provision of Colo. Rev. Stat. § 8–40–202(1...