NEW! Tran v. Broadway Family Dental Care, 14-14-00318-CV, (05/14/2015): A dental office employee's premises liability suit against her employer for her slip-and-fall on a wet floor was not a health care liability claim governed by the Texas Medical Liability Act, the 14th Court of Appeal...Read More
Recently I was interviewing a candidate for a vacant attorney position at our firm. I asked the attorney, who had spent most of his career as a defense attorney, what he thought the three most difficult challenges would be as an applicant attorney in today’s post-SB 863 environment. He firs...Read More
I've heard the "whack-a-mole" analogy applied to nearly every facet of business. Frankly, it's a tired and worn out analogy. But it's also an image that paints a clear picture of a common issue and, thus, we can't seem to escape its constant use. We're always solving...Read More
NEW! Insurance Co. of the State of Pennsylvania v. Hughes, 10-12-00414-CV, (04/16/2015): A Texas appellate court rejected an insurance carrier's challenge to a jury's finding that a worker had given her employer timely notice of her occupational disease and that she was entitled to benefi...Read More
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There's a funny thing about pain. You don't realize it's gone until it comes back. When it does, you get an 'oh yeah, I remember this,' feeling.
Getting out of my car recently after an unusually long ride gave me such a moment of realization. After sitting for several ...Read More
Fulton County, Georgia, has filed a lawsuit against several of the major drug distribution companies (McKesson, Cardinal, etc.) seeking damages related to the prescription drug abuse epidemic. I haven't read...Read More
Since its inception, utilization review (UR) has become an essential tool in curbing runaway and unnecessary medical treatment. The Legislature strengthened the power of UR with the passing of SB 863 by taking disputes regarding UR decisions out of the hands of workers' compensation judges an...Read More
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The Insurance Information Institute criticized ProPublica’s recent reportage on workers’ comp. It noted contributions by insurers in reducing the rate of injuries. But the III did not address the main point of ProPublica, which the U.S. Occupational Safety and Health Administration al...Read More
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Medical treatment guidelines, such as the American College of Occupational and Environmental Medicine and the Work Loss Data Institute’s Official Disability Guidelines, recommend urine drug testing for injured workers prescribed opioids. And yet, studies show that few physicians actually pr...Read More
NEW! Saiz v. Susser Holdings Corp., 04-14-00487-CV, (03/11/2015): A Texas appellate court upheld an arbitrator's decision that a worker's claims against her nonsubscribing employer were time-barred because she had failed to demand arbitration of them before the expiration of the statute o...Read More
