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 DWC will be
reviewing multiple sections of the Texas Administrative Code (Chapters 102,
104, 109, 110, 112, 114, and 116) to determine whether the rules are still
relevant and necessary. The DWC Legal Services team is requesting that system
participants send written comments along with proposed alternative language to RuleComments@tdi.texas.gov
by 5 p.m. CST on October 3, 2023.
Copyright 2023, Stone Loughlin & Swanson, LLP
When we dusted off our rule book to look at the rules in the aforementioned
chapters of the Administrative Code, we discovered all kinds of little
treasures. For example, many acronyms that we use every day in the system, such
as AWW, BRC, MMI, etc., are actually codified in DWC Rule 102.7. Others, such
as BRO, DD, LOC, POD, etc. are not included.
This past month saw some new acronyms enter the system, resulting in a new form
and some new additions to DWC staff hierarchy.
You might recall that the new DD request form (DWC032) implemented on 6/5/23
does not include a box for the Carrier to identify the accepted condition and
thus, the DD determines the compensable injury during the exam. In the April
edition of The Compendium,
our own Erika Copeland predicted that the change to the DWC032 would create
more problems with informal resolution. Kudos to Erika and her foresight,
because the new OARFI (“Request for Information”) appears to be the first
attempt at righting the ship. The OARFI lists multiple conditions and requests
that the Carrier check whether it “Accepts” or “Disputes” the condition. It
also asks the parties to identify any additional injuries that they believe
should be considered when assessing MMI or the impairment rating. The parties
are asked to send the information to a named “Benefit Review Officer” within
three business days, and notice is given that the information is for “mediation
purposes only.” The Carrier is told that the answers are not binding and that
they can change their mind but inaccurate answers will likely cause additional
exams and delays in the dispute resolution process. Likewise, to date there
doesn’t appear to be any penalty associated with not returning the form.
The “Benefit Review Officer” named on the form is actually known as a “BRO-1”
(which begs the question – is the BRO that presides over the BRC now known as
“Big Bro”?). The BRO-1 has been charged with looking at issues before a BRC and
requesting information of the parties so a Presiding Officer’s Directive (POD)
can be sent to the DD.
Meanwhile, we have been informed that if you need to request the status of LOC
requests or responses, DD reports, or RME reports, you need to contact the
Proceeding Resolution Officer or “PRO.” If you are seeking information about
scheduling, resets, requests for dates, motions, subpoenas, agreements, or
interpreter requests, you need to contact the Docketer.
Unfortunately, we do not have the key to knowing who actually handles the
docketing for each field office nor are we able to keep up with the frequent
changes in PRO assignments. Our wish list for next month includes periodic
information updates from the DWC regarding these changes. Until then, here is
our (non)helpful chart of how this works on a daily basis.
Copyright 2023, Stone Loughlin & Swanson, LLP
Disclaimer: This is not an
actual flow chart and is not intended to accurately represent real persons or
events.
Copyright 2023, Stone Loughlin & Swanson, LLP
DWC is also conducting a survey to modernize their dispute resolution
technology services. They’ve requested that system participants complete the
survey at the following link by September 15, 2023. www.surveymonkey.com/r/VPC6NM6
Copyright 2023, Stone Loughlin & Swanson, LLP
Our friend and colleague, ALJ Carol Fougerat, will be hanging up her hat at the
DWC on September 20th. We will miss her and wish her well on her upcoming
adventures!
Copyright 2023, Stone Loughlin & Swanson, LLP
Remember when we reported on the SOAH case where the ALJ questioned the DWC’s
actions regarding claim investigation and its method of assessing penalties?
We learned that, but for a courageous Third Party Administrator
(Abercrombie Simmons & Gillette) who footed the cost of the litigation for
its customer, the City of Baytown, the issues the case presented would still be
buried at the agency. They say you “can’t fight City Hall” but that saying only
goes to those unwilling to do so.
Copyright 2023, Stone Loughlin & Swanson, LLP
SLS is the Texas selected member of the National Workers’ Compensation Defense
Network (NWCDN). This year, the NWCDN conference is set in Chicago October 18th
and 19th and we would love to send you an invitation if you are interested in
attending. The conference is free, and there are greatly reduced hotel
rates at the Radisson Blu Aqua blocked if you book by September 19th.
Here is a link to the registration materials and the terrific agenda: Program Agenda. Hope to see you
there!
Copyright 2023, Stone Loughlin & Swanson, LLP
Don’t miss this unique chance to golf at The Lakes at Castle Hills on October
23rd! Register today for a rewarding day of golf, while supporting an amazing
cause. Our first full golf team has already signed up! Thank you, Kyle
Morris, for putting together a team and showing up again this year! Spots are
limited and filling quickly. All proceeds benefit Kids’ Chance of Texas
scholarship recipients and provide these students with the opportunity for a
strong education and career, despite the most difficult circumstances. Register here. You can also find information
at www.kidschanceoftexas.org, and for those of
you with modern skills, there is a QR code. See you on the course!
Copyright 2023, Stone Loughlin & Swanson, LLP