Law Office of Alan Tysinger

Commuting and Travel Injuries in Texas Workers' Compensation

Generally, someone who is commuting to and from work is not covered by workers' compensation. Injuries sustained while driving into work or going home at the end of the shift are not covered. But when transportation is furnished by the employer and the furnishing of that transportation is an integral... Read more →

Intoxication: How do Quantitative Drug Test Results Factor into Workers' Compensation Claim Denials?

Under the Texas Labor Code, workers' compensation claims can be denied on the basis of a positive drug test. The employee is presumed intoxicated, and the insurance carrier relieved of responsibility for the claim, upon proof of a positive drug test. A positive drug test is statutorily probative (even presumptive)... Read more →

What is a "reset on request" in a Benefit Review Conference

In a Workers' compensation benefit review conference, Texas state law only allows for two conferences on a disputed issue. That means if your insurance carrier is disputing whether to pay you for a period of time, that can only be the subject of two conferences before it has to go... Read more →

Injured on employee premises overnight: What are the factors affecting coverage?

What if an injury happens on employer premises overnight, when no one is "working?" In many cases, employers will have a person stay overnight on the job site, either for security reasons, remote location, convenience, or just in case. Or no real reason at all. What if you have an... Read more →

Supplemental Income Benefits: How do I find out the required minimum number of job searches

In Texas, the workers' compensation claimant who is filing for benefits on the basis of job searches must show the required minimum of job searches for the county of residence. That information is supposed to be supplied by the carrier on the form DWC-52, but if not, it can be... Read more →

Appeal No. 211971: Improper Appointment of Designated Doctor

There is a new AP case out that may be of some help in cases where the designated doctor is not properly appointed (not qualified, for example). The case involves when you have a DD improperly appointed and there is no expedited CCH so the exam takes place. If the... Read more →

Employee "Drama" and Workplace Injuries: Can they deny my workers' compensation claim because I was attacked for personal reasons?

Most of the time Texas Worker’s Compensation injuries occur for reasons that are strictly business and not personal. But sometimes the personal intrudes into the workplace. What happens to the Worker’s Compensation claim in that case? The personal animosity doctrine allows an insurance carrier to deny the claim when an... Read more →

Can my workers' compensation claim be denied because I tested positive for marijuana or other drugs?

The question of whether the insurance carrier can get out of paying a valid Worker’s Compensation claim because of a positive drug test is a complex one. Although attitudes to illegal drugs have shifted in recent years, especially regarding marijuana, the law has not really changed. Someone who test positive... Read more →

Can I sue my employer when I'm injured on the job in Texas? It Depends

Wrongful Termination and Retaliation in Texas Workers' Compensation