Law Office of Alan Tysinger

Legal Issues in Mental Health Claims Continued (Part VIII): Scope of Practice

SCOPE OF PRACTICE ISSUES IN DIAGNOSIS AND EVALUATION The Appeals Panel has held that a chiropractor may assign impairment for a mental trauma injury such as post-traumatic stress disorder.[46]Recent changes to the Labor Code affecting assignment of designated doctors warrant a visit to this area of the law to lay... Read more →

Roundup of Legal News 6/26/18

Here is a roundup of recent court cases and legal decisions affecting litigation and injury law practice. Last Friday, the Texas Supreme Court denied a petition for review in the matter of CITY OF SAN ANTONIO, TEXAS v. SAN ANTONIO FIREFIGHTERS' ASSOCIATION LOCAL 624; from Bexar County; 4th Court of... Read more →

Causation: In Depth Survey of the Case Law

CAUSATION INTRODUCTION It has always firmly been the burden of the claimant to prove that the connection between damage or harm to the physical structure of the body and the event or activities that occurred within the course and scope of employment in order to prevail in establishing a compensable... Read more →

Supreme Court Ruling in Cell Location Data Case: Private Investigators, Surveillance, and Fraud in Injury Litigation

Today the Supreme Court issued a ruling in the case of Carpenter vs. United States, in which it decided that authorities generally need a warrant to obtain cell phone location data from service providers. It had been argued by prosecutors/governmental authorities that this information was a business record, kept and... Read more →

Case Law Update (from 2017 Advanced Workers' Compensation Seminar, State Bar of Texas

My notes from presenting the case law update at the 2017 Advanced Workers' Compensation Seminar in Austin. Case Law Update 2017 State Bar of Texas Advanced Workers’ Compensation Seminar Alan D. Tysinger Course and scope of employment, Issues vs. arguments, Statutory violation Martinez vs. State Office of Risk Management, 04-14-00558-CV... Read more →

Third party claims and waiver of subrogation in workers' compensation cases

Recently the Texas Supreme Court issued an important decision in a matter that will affect workers' compensation claims throughout the state, especially in industrial, manufacturing, and oilfield contexts. It's about a legal concept called subrogation. Basically that means the right to get money back from someone else after you've paid... Read more →