Texas Supreme Court finds for carriers in Air Ambulance decision.

July 6th, 2020 By Robert Josey

On June 26, 2020, in a 7/2 ruling, the Texas Supreme Court issued its decision in Texas Mutual Insurance Company v. PHI Air Ambulance, reversing the Austin Court of Appeals and holding that: (1) federal law does not pre-empt the Texas Department of Insurance – Division of Workers’ Compensation (the Division) from determining fair and reasonable rates for air ambulance services; and (2) federal law does not require the Division to mandate Carriers pay more than a fair and reasonable
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Texas Supreme Court Broadly Construes Scope of Judicial Review of Workers’ Compensation Decisions

January 30th, 2018 By Robert Josey

    At the tail end of 2017, the Texas Supreme Court issued a decision which has rather far-reaching implications for the various participants in the Texas Workers’ Compensation appellate and judicial review systems.  In State Office of Risk Management v. Edna A. Martinez  the court held that: An “issue” for purposes of dispute resolution is broadly construed as the disputed matter related to a workers’ compensation claim (i.e. compensability, disability, extent-of-injury, etc.) An “issue” is not a legal argument advanced
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