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Workers' Compensation News

TX 3rd: No Negligence vs Carrier Until Admin Exhausted 01/04/2005
State: TX | Segment: Courts | 245 | 0
The Third District of the Texas Court of Appeals ruled that the trial court had no jurisdiction over a negligence claim where the employer had failed to exhaust administrative remedies in a related breach of contract claim. In the matter of In re Texas Mutual Insurance Company, 0...Read More
TX 9th: No Immunity if Not Employer 01/04/2005
State: TX | Segment: Courts | 181 | 0 | Popular with Legal
The Ninth District of the Texas Court of Appeals found that it was error to grant summary judgment based on workers' compensation immunity to a party who failed to establish employer status. In Summers v. Entergy Gulf States, Inc., 09-04-152 CV, 12/30/2004, Summers was employed...Read More
TX Carriers to Submit 2004 4Q Summary 01/04/2005
State: TX | Segment: Regulatory | 295 | 0
The following insurance carriers have been identified by the Texas Workers' Compensation Commission to submit 4th Quarter 2004 Summary Information Regarding Preauthorization and Concurrent Review: ACE AMERICAN INSURANCE COMPANY ALBERTSON'S INC AMCOMP ASSURANCE CORPORATION A...Read More
TN Approves NCCI Catastrophe Endorsement 01/04/2005
State: TN | Segment: Regulatory | 89 | 0
NCCI says the Tennessee Department of Commerce and Insurance approved it's Item B-1393-Miscellaneous Values for Domestic Terrorism, Earthquakes, and Catastrophic Industrial Accidents. The effective date of the filing is July 1, 2005. The purpose of Item B-1393 is to produce cata...Read More
TX Sup Crt: Need Malice for Retaliatory Punis 01/03/2005
State: TX | Segment: Courts | 277 | 0
The Supreme Court of Texas reversed a punitive damages award for retaliatory discharge, holding that the evidence did not demonstrate sufficient malice to support the award. In Southwestern Bell Telephone Co. v. Garza, 01-1142, 12/31/2004, Garza was injured while working as a l...Read More
TWCC Issues $1.56M in Penalties 01/03/2005
State: TX | Segment: Regulatory | 145 | 0
The Texas Workers' Compensation Commission issued penalties totaling nearly $1.56 million between September 1, 2004 and November 30, 2004 for administrative violations and fraud committed by system participants. A total of 1,108 Notices of Violation (NOVs) were issued during the three-mon...Read More
TWCC Releases Pre-Proposal of Rule 136.2 12/24/2004
State: TX | Segment: Regulatory | 95 | 0
The Texas Workers' Compensation Commission has released a pre-proposal draft of Rule 136.2, "Registry of Private Providers of Vocational Rehabilitation Services." The following is a reproduction of the draft released by the Commission: (a) The Commission shall maintain a registry of pri...Read More
TWCC Advisory on Form Revisions 12/24/2004
State: TX | Segment: Regulatory | 256 | 0
The Texas Workers' Compensation Commission (Commission) has revised the TWCC-68, Instructions for Completing the UB-92, and TWCC-70, Instructions for Completing the ADA J515 Dental Claim Form. The following is the text from ADVISORY 2004-13 concerning the revisions: Compliance with the r...Read More
TWCC Meeting on Ambulatory Fee Guideline 12/24/2004
State: TX | Segment: Regulatory | 75 | 0
The Texas Workers' Compensation Commission will take public comments on the proposed amendments to Rule 134.402, "Ambulatory Surgical Center Fee Guideline." The meeting is scheduled for January 6, 2005 at 10:00 a.m. at 7551 Metro Center Drive, Suite 100, Tippy Foster Meeting Room 1....Read More
TWCC Announces New Discount Rate 12/23/2004
State: TX | Segment: Regulatory | 147 | 0
The Texas Workers' Compensation Commission has determined, pursuant to the authority and direction given under the Texas Workers' Compensation Act (Texas Labor Code, Section 401.023), that any interest or discount provided for in the Act shall be at the rate of 6.17 percent. This rate is...Read More
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