Law Office of Alan Tysinger

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 →

Dispute of impairment rating: alternate certification.

In the Worker’s Compensation system in Texas, after you get hurt you will normally receive temporary income benefits if you are partially or wholly disabled from your regular work. These benefits will continue so long as you remain disabled and until you reach maximum medical improvement. However, when a doctor... Read more →

When to hire an injury lawyer: Filing the claim

After an injury occurs, I don’t always recommend that someone hire an attorney. However, it is always important to at least consult with an attorney to determine if it would be wise to have an attorney representing you during the process. Often the injured party thinks that because the facts... Read more →

When to hire an injury lawyer: Recorded Statement

An accident happens. You get injured. Your first instinct is to go to a hospital or clinic to get treatment and try to get better. In those moments it is rare to think of the case you might have against the responsible party, or even the need to go to... 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 →

Causation evidence in extent of injury cases: How do I prove my condition is from the accident?

In Texas, the law distinguishes between an insurance carrier accepting that an injury occurred on the job, and accepting that a specific diagnosis or medical condition resulted from that. In other words, an insurance carrier, at almost any time in the claim, can say: yes, we understand and agree you... Read more →

I've been told my "case is closed" and I can't see a doctor anymore. Can they do that?

By law, every workers' compensation claim comes with lifetime medical care for the compensable injury. That is, any medical condition or diagnosis that is either accepted by the insurance carrier or ordered as compensable by a or judge comes with lifetime medical care. However, lifetime medical care does not mean... Read more →