National American Ins. Co. v. Texas Prop. & Cas. Ins. Guar. Ass’n
No. 03-09-00680-CV, 2013 WL 4817637 (Tex. App.-Austin Aug. 28, 2013, no pet.) (mem. op.)
We obtained a declaratory judgment for Texas Property and Casualty Insurance Guaranty Association holding that it was not liable for more than a million dollars in benefits that National American paid to two injured workers. There was a prior dispute…Read More
Read Case DescriptionIn re Mid–Century Ins. Co. of Tex.
426 S.W.3d 169 (Tex. App.-Houston [1st Dist.] 2012, orig. proceeding)
On behalf of Mid-Century Ins. Co., we filed a successful petition for writ of mandamus with the Houston First Court of Appeals which it granted based on its finding that the trial court abused its discretion in denying Mid-Century’s plea…Read More
Read Case DescriptionZenith Ins. Co. v. Ayala
325 S.W.3d 176 (Tex. 2010)
As counsel for Zenith Insurance Company, we argued successfully to the Texas Supreme Court that it should reverse the Dallas Court of Appeals’ judgment holding that Zenith waived its right to dispute the extent of an employee’s injury by not…Read More
Read Case DescriptionPacific Employers Ins. Co. v. Twelve Oaks Med. Ctr.
No. 03–08–00059–CV, 2010 WL 1511753 (Tex. App.-Austin Apr. 16, 2010, no pet.) (mem. op.)
On behalf of Pacific Employers Ins. Co., we successfully challenged the trial court’s judgment, which denied our motion for summary judgment and remanded Twelve Oaks’ medical dispute to the Division of Workers’ Compensation. The basis for the summary judgment motion…Read More
Read Case DescriptionTexas Prop. & Cas. Ins. Guar. Ass’n for Petrosurance Cas. Co. v. Brooks
269 S.W.3d 645 (Tex. App.–Austin 2008, no pet.)
We represented Texas Property and Casualty Insurance Guaranty Association in obtaining reversal of the trial court’s summary judgment in favor of the injured worker. The trial court found that the injured worker was in the course and scope of his…Read More
Read Case DescriptionTexas Mutual Ins. Co. v. Vista Community Medical Center
275 S.W.3d 538 (Tex. App.–Austin 2008, pet. denied)
As counsel for Zenith Insurance Company, we helped to obtain a declaratory judgment that the stop-loss exception to the Division’s former inpatient hospital fee guideline requires a hospital to demonstrate not only that its charges exceed $40,000 but also that…Read More
Read Case DescriptionTex. Dep’t of Ins. v. Ins. Council of Tex.
2008 Tex. App. LEXIS 2024 (Tex. App. Austin Mar. 21, 2008)
On behalf of Texas Property and Casualty Insurance Guaranty Association, we helped obtain a declaratory judgment invalidating rule 133.309 of the Texas Department of Insurance, Division of Workers’ Compensation, which was intended to create a less expensive alternative review procedure…Read More
Read Case DescriptionHartford Ins. Co. v. Crain
246 S.W.3d 374 (Tex. App.--Austin 2008, no pet.)
On behalf of Hartford Insurance Company, we successfully challenged the trial court’s dismissal of its suit for judicial review of a final decision by the Texas Workers’ Compensation Commission. For years, workers’ compensation system participants were confused about whether appeals…Read More
Read Case DescriptionTex. Dep’t of Ins. v. Lumbermens Mut. Cas. Co.
212 S.W.3d 870 (Tex. App.--Austin 2006, pet. denied)
On behalf of Petroleum Casualty Company, we helped obtain a declaration that two “advisories” issued by the Texas Department of Insurance, Division of Workers’ Compensation were invalid. The Division is required by statute to use the AMA’s Guides to the…Read More
Read Case DescriptionHowell v. Tex. Workers’ Comp. Comm’n
143 S.W.3d 416 (Tex. App.--Austin 2004, pet. denied)
On behalf of Continental Casualty Company, we helped to obtain a declaratory judgment and injunctive relief against a notorious chiropractor from South Texas that specialized in treating workers compensation claimants. The case began when the chiropractor filed suit in Travis…Read More
Read Case DescriptionAll Saints Health Sys. v. Tex. Workers’ Comp. Comm’n
125 S.W.3d 96 (Tex. App.--Austin 2003, pet. denied)
On behalf of Continental Casualty Company, we helped obtain a declaratory judgment regarding the substantive law to be applied to claims for additional reimbursement based on services which the hospitals rendered to workers’ compensation claimants under the 1992 Hospital Fee…Read More
Read Case DescriptionHospitals v. Continental Casualty Company
109 S.W.3d 96 (Tex. App.-Austin 2003, pet. denied).
As counsel for Continental Casualty Company, we successfully challenged the Texas Workers’ Compensation Commission’s refusal to apply its own one-year statute of limitations rule to medical disputes filed by Texas hospitals as a result of the prior invalidation of the…Read More
Read Case DescriptionSkilled Craftsmen of Texas, Inc. v. Texas Workers’ Compensation Comm’n
158 S.W.3d 89 (Tex. App.-Austin 2003, pet. dism'd)
On behalf of Skilled Craftsmen of Texas, Inc., we obtained a declaration from the Third Court of Appeals in Austin that the Texas Workers’ Compensation Commission’s Hazardous Employer Program is pre-empted by federal law. After the company was designated as…Read More
Read Case DescriptionMid Century Ins. Co. v. Texas Workers’ Compensation Comm’n
187 S.W.3d 754 (Tex. App.-Austin 2006, no pet.)
As counsel for Mid-Century Insurance Company (one of the member companies of the Farmers Insurance Group of companies), we filed suit for declaratory judgment against the Texas Workers’ Compensation Commission to challenge the validity of Commission rule 131.1(b) regarding payment…Read More
Read Case DescriptionIn re Accident Fund General Insurance Company
543 S.W.3d 750 (Tex. 2017)
On behalf of Accident Fund General Insurance Company and its claims adjuster (collectively, Accident Fund), we successfully petitioned for a writ of mandamus from the Texas Supreme Court to protect the exclusive jurisdiction of the Division of Workers’ Compensation to…Read More
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