Zenith 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 filing its dispute within Texas Labor Code § 409.021(c)’s sixty-day deadline. The Texas Supreme Court reversed the Dallas Court of Appeals citing a recent decision in which it held that the sixty-day period for challenging compensability does not apply to a dispute over extent of injury. The court also clarified that preauthorization by the workers’ compensation carrier for treatment of a disputed condition does not make that condition part of the compensable injury. The carrier may still argue that the condition treated is not related to the compensable injury.