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Alan Tysinger
San Antonio, Texas
Alan Tysinger represents injured parties in workers’ compensation and personal injury litigation throughout the state of Texas.
Recent Activity
Can I sue workers compensation in the state of Texas? Usually what people mean by this is whether they can sue the insurance company for wrongfully denying or delaying settlement in their Worker’s Compensation claim in Texas. The answer that is no. You can sue the insurance company if they... Continue reading
Posted Jul 16, 2022 at Law Office of Alan Tysinger
Can I settle my Texas Worker’s Compensation case? This is a question often ask. For better or worse, Texas law generally prohibits what we traditionally think of as settlements in Worker’s Compensation cases. The right to lifetime medical care is baked into the law and you cannot bargain that away.... Continue reading
Posted Jul 15, 2022 at Law Office of Alan Tysinger
San Antonio attorney Alan Tysinger discusses disputes over the extent of injury in Texas Worker’s Compensation claims. Extensive injury issues can be of several types. Generally the concept is that the insurance carrier agrees that you were hurt on the job, but disputes additional or more specific diagnoses. Extensive injury... Continue reading
Posted Jul 13, 2022 at Law Office of Alan Tysinger
Often after an injury, an employer will seek to lower its cost by offering light duty to an employee. This can be a great advantage for both sides, as it gives the employees the ability to earn full pay potentially while still recovering from the injury, and it offers the... Continue reading
Posted Jul 12, 2022 at Law Office of Alan Tysinger
San Antonio attorney Alan Tysinger gives a discussion of the practicality and pitfalls of getting recorded statements following an injury in Texas. Whether you have a Worker’s Compensation claim or some kind of personal injury matter such as an auto accident, slip and fall, or other situation involving serious bodily... Continue reading
Posted Jul 11, 2022 at Law Office of Alan Tysinger
Lifetime income benefit strategies in Texas. Texas Worker’s Compensation law allows for lifetime income benefits in only a small set of classifications for injuries. Without going into the specific legal jargon, a person has to show that he or she has a very serious and crippling traumatic brain injury, paralysis... Continue reading
Posted Jul 8, 2022 at Law Office of Alan Tysinger
Texas law recognizes common law marriage. Most people have a misunderstanding about what it even means. A common law marriage is just as valid as a ceremonial marriage (i.e. a marriage officiated by a religious leader or judge or other "officiant" in a ceremony). It is valid for obtaining death... Continue reading
Posted Jul 1, 2022 at Law Office of Alan Tysinger
Generally, someone who is commuting to and from work is not covered by workers' compensation. Injuries sustained while driving into work or going home at the end of the shift are not covered. But when transportation is furnished by the employer and the furnishing of that transportation is an integral... Continue reading
Posted Jun 29, 2022 at Law Office of Alan Tysinger
Under the Texas Labor Code, workers' compensation claims can be denied on the basis of a positive drug test. The employee is presumed intoxicated, and the insurance carrier relieved of responsibility for the claim, upon proof of a positive drug test. A positive drug test is statutorily probative (even presumptive)... Continue reading
Posted Jun 24, 2022 at Law Office of Alan Tysinger
In a Workers' compensation benefit review conference, Texas state law only allows for two conferences on a disputed issue. That means if your insurance carrier is disputing whether to pay you for a period of time, that can only be the subject of two conferences before it has to go... Continue reading
Posted Jun 24, 2022 at Law Office of Alan Tysinger
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... Continue reading
Posted Jun 24, 2022 at Law Office of Alan Tysinger
In Texas, the workers' compensation claimant who is filing for benefits on the basis of job searches must show the required minimum of job searches for the county of residence. That information is supposed to be supplied by the carrier on the form DWC-52, but if not, it can be... Continue reading
Posted Jun 24, 2022 at Law Office of Alan Tysinger
There is a new AP case out that may be of some help in cases where the designated doctor is not properly appointed (not qualified, for example). The case involves when you have a DD improperly appointed and there is no expedited CCH so the exam takes place. If the... Continue reading
Posted Jun 24, 2022 at Law Office of Alan Tysinger
Most of the time Texas Worker’s Compensation injuries occur for reasons that are strictly business and not personal. But sometimes the personal intrudes into the workplace. What happens to the Worker’s Compensation claim in that case? The personal animosity doctrine allows an insurance carrier to deny the claim when an... Continue reading
Posted Jun 20, 2022 at Law Office of Alan Tysinger
The question of whether the insurance carrier can get out of paying a valid Worker’s Compensation claim because of a positive drug test is a complex one. Although attitudes to illegal drugs have shifted in recent years, especially regarding marijuana, the law has not really changed. Someone who test positive... Continue reading
Posted Jun 20, 2022 at Law Office of Alan Tysinger
The Texas Department of Insurance has confirmed a serious breach of data security. The result was that the personal information of Texas workers who have suffered the pain of an on the job injury now must deal with the indignity and insecurity of having their privacy compromised. The Texas Tribune... Continue reading
Posted May 18, 2022 at Law Office of Alan Tysinger
The Texas Department of Insurance division of workers compensation recently informed first responders that the deadline is approaching for COVID-19 Worker’s Compensation claims to be re-processed. Under senate bill 22 passed in 2021 during the 87th legislature regular session, the Texas government code section 607.0545 was amended to create a... Continue reading
Posted Apr 22, 2022 at Law Office of Alan Tysinger
Workers' compensation doctors-- especially network doctors-- are notoriously biased toward insurance carriers. So I am often asked about whether evidence procured outside the WC system is still admissible in a WC case. The answer is it is. It can & should be used by a claims adjuster in paying benefits.... Continue reading
Posted Apr 14, 2022 at Law Office of Alan Tysinger
Does a COVID-19 diagnosis count as a workers comp injury? How about forced quarantine without positive test but forced to take time off....or positive test but asymptomatic and forced quarantine? With school starting back up, many school district employees are asking these questions. I am handling several such cases right... Continue reading
Posted Aug 13, 2020 at Law Office of Alan Tysinger
Appeal No. 190180—Finality Despite Favorable Extent of Injury Background facts in this case: The DD report placed the claimant at MMI 7/30/17 with a 0% IR as of 10/24/17 exam, including multiple other certifications based on extent of injury. Report was emailed to claimant 10/24/17. No DWC-45 on MMI/IR was... Continue reading
Posted Aug 2, 2020 at Law Office of Alan Tysinger