Law Office of Alan Tysinger

"Nuclear" verdicts in trucking accident cases

Safety in the trucking industry truly has not kept pace with the volume of commercial trucking activity now on the roadways. With NAFTA and the tremendous trade between the US and Mexico, and the oil boom in west Texas Permian basin and south Texas Eagle Ford shale regions, the number... Read more →

Trucking Accident Cases: False Logs and Excessive Hours

An accident recently reported illustrates how severe the problem of excessive driving hours for commercial truckers can get. The investigation following a fatality accident revealed that the truck driver had been on the road for 38 of the 48 hours previous to the accident. Not only is that a violation... Read more →

Trucking Accident Case Settlements

A recent article gave a good summary of the elements that go into settling a commercial vehicle trucking accident case. In south Texas, between the Eagle Ford shale region trucking operations and the traffic along I-35 and I-10 coming up from Mexico and going back down between Laredo and San... Read more →

Texas' most dangerous employers by incidents of severe injuries

OSHA, the Occupational Safety and Health Administration, tracks on the job injuries and records their severity. A recent report in the San Antonio news reflected this information for the last few years and found several notable employers with frequent severe injuries. The time period involved was 2015-2018. More than 6,000... Read more →

First Responder Cancer Claims: Judicial Review

First responders have an advantage-- if you want to call it that-- in cancer claims because of the "presumptive law" that requires the workers compensation division or a court to presume that a cancer is work related if the first responder meets certain requirements (in terms of responding to fires... Read more →

First Responders and Workers' Compensation Liens

Recently a public relations disaster sprang from out of nowhere for the city of Houston. The background is that a major fire had occurred in the last few years which resulted in the deaths of several firefighters and injuries of others. It was the worst event in Houston Fire Department... Read more →

When does the insurance carrier have to pay my attorney's fees in a workers' compensation case?

In Texas, there are a few circumstances when you can have an attorney represent you without cost to you-- paid for by the insurance carrier. In the typical workers' compensation claim, the attorney receives payment as a deduction from the injured employee's income benefits. The attorney is paid for his... Read more →

Lump sum settlements: Accrued benefits with interest

In Texas workers compensation claims, there is a general legal prohibition on lump sum settlements. However, often benefits will be paid in a lump sum under the right circumstances. One of those is following a dispute where benefits were denied. Texas Labor Code 408.081 contains the first stipulation regarding benefit... Read more →

Lump sum settlements in Texas workers compensation law: Settlements vs. Agreements

Texas workers compensation law generally prohibits lump sum settlements and requires that medical benefits stay open for life. However, there are legal guidelines which allow for dealing with disputed issues that can allow resolution of disputes within that framework. First, some terminology. In Texas workers compensation law, a "settlement" is... Read more →

Lump sum settlements in workers compensation cases: Impairment benefits in a lump sum

In Texas, the reforms to the workers compensation laws enacted in 1989 regulate settlement of claims. In the "old law" era pre-1989 Act, a case could be "settled" to end the right to medical care in exchange for a "lump sum" payable to the injured employee, minus attorney's fees. For... Read more →