S. Michael Graham TX Workers' Comp Attorney

08/25/2022

04/21/2020

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NCCI proposes rule for reporting COVID-19 claims
The National Council on Compensation Insurance (NCCI) filed Item U-1401- Nature and Cause of Injury Codes for COVID-19 (Coronavirus) Claims.

The filing proposes that the changes in Item U-1401 apply to new and renewal policies effective for claims attributable to COVID-19 with accident dates on and after December 1, 2019.

03/31/2020

Governor Abbott Waives COVID-19 Medical Cost-Sharing For Public Safety Employees
March 30, 2020 | Austin, Texas | Press Release

Governor Greg Abbott has waived certain statutory provisions to ensure public safety employees who contract COVID-19 during the course of their employment will be reimbursed for reasonable medical expenses related to their treatment of COVID-19. Because the nature of their duties has caused them to increase their risk of contracting COVID-19, the Governor has waived these statutory provisions so that public safety employees who contract COVID-19 are not also financially penalized.

“Texas’ public safety employees are vital to our COVID-19 response,” said Governor Abbott. “These brave men and women are on the front lines and risking potential exposure to keep our communities safe. By waiving these regulations, Texas will ensure that those who may contract COVID-19 will have the support they need to pay for medical expenses.”

03/18/2020

Telemedicine for Worker’s Compensation
Telehealth is a great tool in battling the spread of infections. Texas workers’ compensation allows for billing and reimbursement of certain telemedicine and telehealth services in place of regular on-site medical care. Ask your doctor about services they might provide.

03/16/2020

COVID-19 Emergency Court Order

Following Gov. Greg Abbott’s state disaster declaration, the Texas Supreme Court and Court of Criminal Appeals issued the First Emergency Order Regarding the COVID-19 State of Disaster on March 13, empowering Texas courts to modify or suspend certain deadlines and procedures, allow parties to participate remotely in proceedings, and take other reasonable steps to avoid exposing court proceedings to the threat of the coronavirus. The order, which can be read here, expires May 8 unless extended. Current court closures, as reported to the Office of Court Administration, are listed here.

10/23/2019

2020 Adjusted Gross Payroll for Coverage of Seasonal Workers
The Division of Workers' Compensation has determined that the 2020 adjusted gross annual payroll requirement of an employer for the coverage of seasonal workers is $58,603.

03/29/2017

To get Form DWC005 http://www.tdi.texas.gov/forms/form20numeric.html To fill out an electronic DWC005 http://www.tdi.texas.gov/forms/form20numeric.html FAQ -...

01/20/2017

ATTORNEY AND LEGAL ASSISTANT RATE INCREASES:

The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) recently adopted the repeal and re-enactment of §152.3 and §152.4, as well as new §152.6.

The changes will increase the maximum hourly rates that may be charged by attorneys and legal assistants in the workers’ compensation system. Effective January 30, 2017, the maximum rates increased from $150 an hour to $200 for attorneys, and from $50 an hour to $65 for legal assistants. New §152.4 includes additional changes to the guidelines for legal services.

06/27/2016

Discount Rate and Interest Rate Determined for July 1, 2016, through September 30, 2016

The Texas Department of Insurance, Division of Workers' Compensation has determined, pursuant to the authority and direction given under the Texas Workers' Compensation Act (Texas Labor Code, §401.023), that any interest or discount provided for in the Act shall be at the rate of 4.03 percent. This rate is computed by using the treasury constant maturity rate for one-year treasury bills (0.53 percent) issued by the United States Government, as published by the Federal Reserve Board on June 16, 2016 (the 15th day preceding the first day of the calendar quarter for which the rate is to be effective), plus 3.5 percent as required by Texas Labor Code, §401.023. The rate shall be effective July 1, 2016, through September 30, 2016. The rate in effect for the previous period of April 1, 2016, through June 31, 2016, was 4.14 percent.
For more information regarding calculation of the Discount Rate and Interest Rate, contact Dylan McCoy, Texas Department of Insurance, Financial Services, at 512-676-6195.
Issued in Austin, Texas, on the 27th day of June, 2016.
W. Ryan Brannan
Commissioner of Workers’ Compensation

02/17/2016

WAGE RATE INCREASE FOR LOWER INCOME EMPLOYEES

On February 08, 2016, Commissioner of Workers’ Compensation Ryan Brannan adopted amendments to 28 Texas Administrative Code (TAC) §129.3 and §129.11.
Amendments to 28 TAC §129.3 and §129.11:
• increase the hourly wage that qualifies an injured employee to be paid at the higher TIBs rate of 75% of the employee’s pre-injury average weekly wage for the first 26 weeks of disability from less than $8.50 an hour to less than $10 an hour for workers’ compensation claims with a date of injury on or after September 1, 2015;
• clarify that the qualifying pre-injury average weekly wage of less than $8.50 an hour still applies to workers' compensation claims with a date of injury before September 1, 2015; and
• delete the applicability date for agreements for monthly payments of TIBs because it is no longer relevant.
Amendments to 28 TAC §129.3 and §129.11 are effective March 2, 2016.

11/19/2015

Texas Rate of Work-Related Injuries and Illnesses Requiring Days Off Work Decreased in 2014

AUSTIN—According to the U.S. Department of Labor, Bureau of Labor Statistics (BLS) Survey of Occupational Injuries and Illnesses (SOII), private industry employers in Texas reported 52,970 cases involving days away from work and an incidence rate of 65.2 injuries and illnesses per 10,000 full-time equivalent employees in 2014. The rate for 2014 is a decrease from 66.6 in 2013. The Texas rate is below the national rate of 97.8. The median days away from work, a key measure of severity of injuries and illnesses, for private sector employers in Texas was eight in 2014, which was unchanged from 2013.

Read the report on the TDI website
http://www.tdi.texas.gov/wc/safety/sis/documents/casedemo14rlse.pdf

11/02/2015

Reddic v. E. Texas Med. Ctr. Reg’l Health Care Sys.

Docket: 14-0333 Opinion Date: October 30, 2015
Areas of Law: Health Law, Injury Law

Plaintiff, a visitor at Hospital, fell when she slipped on a floor mat in the hospital lobby. Plaintiff sued Hospital on a premises liability theory. Hospital asserted that Plaintiff’s claim was a health care liability claim (HCLC) under the Texas Medical Liability Act, and therefore, the claim must be dismissed because Plaintiff did not serve an expert report as required by the Texas Medical Liability Act. The trial court denied Hospital’s motion to dismiss. The Court of Appeals reversed, concluding that the floor care of the hospital lobby had an indirect relationship to the provision of health care that was sufficient to satisfy the safety prong of the Act, and therefore, Plaintiff’s claim was an HCLC. The Supreme Court reversed and remanded for further proceedings, holding that the record did not reflect a substantive nexus between the safety standards Plaintiff claimed Hospital violated and Hospital’s provision of health care.