NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
The 85th Texas Legislature is in session, and many of our representatives have an eye on issues affecting the world of workers’ compensation.
Commissioner Brannon has recommended that the Division’s Fraud Unit be granted authority similar to that of the TDI’s Fraud Unit. There are two broad proposals: (1) an assistant district attorney employed and funded by the Division that local district attorneys would be able to authorize to operate in their county; or (2) establishing a special prosecutor in Travis County. The Commissioner also seeks authority to investigate workers’ compensation fraud and to share the results with other agencies without the fraud investigation being subject to open records requests.
It is also recommended that the Legislature clarify a party’s duty to file any proposed judgment or settlement with the Division in judicial review actions. Specifically, the Commissioner seeks clarification that agreed judgments, voluntary dismissals, summary judgments, and judgments on the merits must all be filed with the Division for approval. The Division would also like a description of the terms of any settlement or agreement to be filed, including any anticipated payments and how the Division’s decision would be reversed, affirmed, or modified.
Not to be left out of the action, the Office of Injured Employee Counsel would like to eliminate the requirement that ombudsmen have at least 1 year of workers' compensation experience. They would also like the authority to request causation opinions from physicians for which the insurance carrier would be obligated to pay, and Senate Bill 1035 would amend section 408.0273 of the Labor Code to provide for the causation reports.