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

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In 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

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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…Read More

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Pacific 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

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Texas 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

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Texas 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

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Tex. 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

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Hartford 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

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Tex. 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

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Howell 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

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All 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

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Hospitals 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

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Skilled 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

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Mid 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

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