Law Office of Alan Tysinger

Work from Home and Workers' Compensation

Can you still claim workers' compensation benefits if you were injured while working from home? The answer may surprise you. Even though you are working from home, you are still covered by workers' compensation insurance for medical and income benefits if you are injured while acting in the course and... 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 →

LEGAL ISSUES IN MENTAL HEALTH CLAIMS Part 1: History of Legal Analysis and Compensability

In discussing the subject of mental illness as it relates to workers' compensation, I find the following thought experiment to be very fruitful. Imagine that you are assigned the following task. Though you have no debilitating physical injury or illness, you must do the following: 1) Leave your job, live... Read more →

First Responder Cancer Claims: Basics of Presumption

Proving a medical diagnosis in an occupational disease case is difficult in any case because of the many environmental, genetic, and other factors which may contribute to the development of a medical condition. The Texas legislature has aimed to streamline this process for first responders who are battling cancers that... 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 →