State News : Texas

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.

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.




Is Change Afoot for SIBs?

Will the Texas Department of Insurance, Division of Workers’ Compensation begin requiring applicants for Supplemental Income Benefits to provide material evidence of job applications they have submitted in their search for work? It sure looks that way. 

In a memo to stakeholders on August 17, General Counsel Kara Mace enclosed proposed changes to the DWC Form-052, Supplemental Income Benefits Application. The proposed revision includes an FAQ page with the following guidance for applicants who are looking for work on their own:

Show you were actively looking for a job by attaching job applications or other documents showing you were looking for a job.  

If the Division adopts the proposed version, and if it requires SIBs applicants to actually attach job applications to the Form-052, that would be a welcome change. Currently, Division ALJs typically do not require a SIBs applicant to submit material evidence of job applications they have submitted. Instead, the Division’s position is that an applicant’s assertion, on the Form-052, that he submitted applications is sufficient documentation of such applications.  

Of course, many stakeholders disagree with the Division’s position, and that position is one reason that Accident Fund Insurance Company of America, represented by this Firm, filed an action for declaratory relief in the Travis County district court challenging the validity and applicability of the Division’s SIBs rule. As we have reported previously, the district court held the rule invalid, the Division appealed, and the Austin court of appeals issued a decision on February 28, 2023. Texas Department of Insurance, Division of Workers’ Compensation v. Accident Fund Insurance Company of America, et al. A petition for review is currently pending in the Supreme Court of Texas. 

We will continue to monitor and report on the proposed changes to the Form-052. 

Copyright 2023, Stone Loughlin & Swanson, LLP