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.
Speaking of appeals,
we continue to await the decision of the appeals court in our legal challenge
to the Division’s Supplemental Income Benefits rule.
Readers may recall that our firm, on behalf of an interested insurance carrier, filed suit challenging the validity of the SIBs rule on the basis that it impermissibly allows claimants to collect SIBs even if they do not document their work search with job applications as required by the Texas Workers’ Compensation Act. Travis County district judge Maya Guerra Gamble agreed with the carrier that the rule is invalid, and she enjoined the Division from applying it. But the Division appealed to the Third Court of Appeals and, because the Division is part of a state agency, the judgment is stayed during the appeal.
The parties filed legal briefs in the court of appeals, and on August 30, 2021 the court announced that it did not need to hear oral argument and the case was “ready for disposition on the briefs.” That was 10 months ago. By comparison, in the recent case of Dobbs v. Jackson Women’s Health Organization, in which the Supreme Court of the United States ruled that the Constitution does not guarantee the right to an abortion, the court issued its decision 8 months and 11 days after briefing was complete. And one could conclude that the issues in that case are more complicated than the issues in our SIBs case.
By the way, SLS partner Jane Stone will be discussing the SIBs case at the upcoming Texas Bar CLE Advanced Workers’ Compensation seminar in August, by which time the court might have issued a decision.
Copyright 2022, Stone Loughlin & Swanson, LLP