NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
The Division has determined that any interest or discount provided for in the Act shall be at the rate
of 4.11 percent. The method for computing the interest rate is based on the treasury constant
maturity rate for one-year treasury bills issued by the United States Government, as published by
the Federal Reserve Board, detailed in Texas Labor Code §401.023. This new interest rate is
effective beginning 10/01/16, through 12/31/16. The rate in effect for the previous period (7/01/16
through 9/30/16) was 4.03 percent.
The Division has set the state average weekly wage (AWW), maximum weekly benefit, and
minimum weekly benefit rate for 10/01/16 through 9/30/17 dates of injury. The state AWW has
been set at $912.69. The maximum weekly benefit rate is set at $913, and the minimum weekly
benefit rate is set at $137.
The maximum and minimum weekly benefit rates for dates of injury from 10/01/15 through 9/30/15
were $895 and $134, respectively.
A table showing maximum and minimum weekly benefit amounts for all dates of injury after
1/01/91 is available on the Texas Department of Insurance website at
www.tdi.texas.gov/wc/employee/maxminbens.html.
The Division is evaluating whether it is necessary to request social security numbers on certain
forms, and is accepting public comments on these proposed revisions. The Division’s website
includes a full list of forms that have been identified as warranting either: (1) removal of the social
security number field entirely (e.g. DWC-2, DWC-25, DWC-31, DWC-33, DWC-35, DWC-45M,
DWC-46, DWC-48, DWC-49, DWC-51, DWC-54, DWC-55, DWC-56), or (2) requesting only the
last four digits of the social security number (e.g., DWC-6, DWC-24, DWC-32, DWC-45A, DWC-
47, and DWC-52). The revisions would apply to both the English and Spanish versions of the forms.
If you’d like to comment on the proposed revisions to the forms, the Division has asked that you
submit your written comments by 5:00 p.m. Central time on October 4, 2016. Written comments
may be emailed (Rulecomments@tdi.texas.gov) or physically mailed to: Texas Department of
Insurance, Division of Workers’ Compensation, Maria Jimenez, Workers’ Compensation Counsel
MS - 4D, 7551 Metro Center Drive, Suite 100, Austin, Texas 78744-1645.
This month the Oklahoma Supreme Court struck down the controversial “opt out” provision of its
workers’ compensation law. The provision had allowed employers to “opt out” of Oklahoma’s
workers compensation system and write their own plans, establishing terms for what injuries would
be covered, how workers would be compensated, which doctors workers could see, and providing
for a dispute resolution process.
In a 7-to-2 ruling, the Court held that the provision is an unconstitutional “special law” conferring
employers the ability to provide inequitable treatment for their injured employees, stating that the
provision “creates impermissible, unequal, disparate treatment” for those workers, and a violation
of the Oklahoma Constitution.
At this time, Texas is the only state that allows employers not to carry workers’ compensation.
We bid farewell to Judge Phillip Brown, who retired as Hearing Officer with the Division of
Workers’ Compensation late last month. Judge Brown was a Hearing Officer in the Fort Worth
Field Office.
Judge Kara Squier, formerly at the Waco Field Office, has been transferred to Fort Worth to take
over some of its docket. The Division has hired attorney Amber Morgan as the new Waco Hearing
Officer following Judge Kara Squier’s transfer. Ms. Morgan formerly worked at Helton &
Associates in Waco as an advocate for injured workers. She is a graduate of Baylor Law School,
where she received her J.D. in 1999.
The Division has issued an updated list of health care providers restricted in the workers’
compensation system. The list includes enforcement actions against health care providers that
involve practice restrictions, doctors removed or suspended from the Designated Doctors List
(DDL), and health care providers removed from or denied access to the former Approved Doctors
List (ADL). Gary Pritchett, DC has been suspended from the DDL from 9/23/16 through 9/23/19.
Jerome Carter, MD was removed from the ADL indefinitely as of 9/20/16. Ray Altamirano, MD
was removed from the ADL through 7/19/18.
A full list of health care providers restricted in the workers’ compensation system can be found at
http://www.tdi.texas.gov/wc/hcprovider/status.html.
This event is by invitation only and is sure to be an important and fun event for system stakeholders.
If you would like an invitation and a chance to bid on some amazing silent auction items, contact
us here at the firm. There are trips to Napa, Cabo San Lucas, Marfa (star parties and gallery tours),
and Colorado, and other one-of-a kind items such as flight in a vintage T-34 “Mentor” Air Force
trainer. Visit www.kidschanceoftexas.org for more information. We are proud to announce that we
already have two scholarship recipients, Christi Campbell and Meghan Hill, who will be at the event
to receive their awards!
On Thursday, August 11 and Friday August 12, 2016, the workers’ comp bar descended on Austin for the
Workers’ Compensation Section’s Annual Conference for a two-day event of continuing legal education,
networking, and camaraderie. In addition to several other informative presentations, attendees were regaled
with knowledge about the Division’s rule-making authority by our own Jane Stone, and provided with a
thorough update on the designated doctor system by our DD guru, Erika Copeland. The social events this year
included a bowling tournament presented by the Workers’ Compensation Section. Led by David “The
Kingpin” Swanson, SLS tied for first place in the tournament.
Preparations for the Inaugural Reception for Kids’ Chance of Texas are being completed and we are
excited! SLS Partner Jane Stone is in charge of the event which will be held October 22, 2016 at
The Bullock Texas State History Museum in Austin from 6 to 8 p.m. Governor Greg Abbott, TDI
Commissioner David Mattax, DWC Commissioner Ryan Brannan, and our first scholarship
recipients (we already have two!)are among the invited speakers. There will be food, drink, a
presentation and a silent auction. If you would like to attend, please send your name, mailing
address, and email address directly to jstone@slsaustin.com and we will send you an invitation.
Individual tickets are $150. If you cannot attend but would like to make a donation, you can go to
www.kidschanceoftexas.org for PayPal, or send a check to P. O. Box 30111, Austin, Texas 78755.
Rabiat Ngbwa has been hired as the newest Hearing Officer in the Division of Workers’
Compensation. Most recently, Ms. Ngbwa served as a reviewing attorney at the Texas Workforce
Commission, where she was a Hearing Officer. Between her stints at the TWC, Ms. Ngbwa worked
as a consultant at the Equal Employment Opportunity Commission and then as an attorney with
Synergy Legal Professionals. She received her B.A. from Texas Lutheran University in 1997 and
her J.D. from Houston College of Law in 2003. She is also certified in both human resources and
mediation. Ms. Ngbwa will be the third traveling Hearing Officer in the Division’s central office.