Scheduling
Time & Attendance
Forecasting
Employee App
Payroll Integrations
Communications
Archive
By Staff Report
Sep. 1, 2009
A 60-day period in which workers’ compensation claim payers can challenge the compensability of an injury does not apply to disputes over the extent of an injury, the Texas Supreme Court has ruled.
The ruling Friday, August 28, in State Office of Risk Management v. Mary Lawton overturned an appellate court ruling in the case in which Lawton injured her left knee in 2005 while working for the Texas Department of Criminal Justice.
A dispute arose over whether the state office should pay for surgery after a “peer-review” doctor reported that a degenerative condition caused the need for surgery and not the workplace injury.
The state office contested the claim, but a workers’ comp hearing officer ruled the agency waived its right to contest it by waiting too long to dispute it.
The officer ruled that the state office could have discovered the extent of Lawton’s injury within a 60-day period established to streamline claims processing. A state appellate court agreed.
But the Texas Supreme Court ruled that the 60-day rule applies to compensability and not to disputes over the extent of an injury.
The case was remanded for proceedings consistent with the court’s opinion.
Filed by Roberto Ceniceros of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.
Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.
Come see what we’re building in the world of predictive employee scheduling, superior labor insights and next-gen employee apps. We’re on a mission to automate workforce management for hourly employees and bring productivity, optimization and engagement to the frontline.
Staffing Management
Managing employee time-off requests: A guide for business ownersSummary Vacation, sick time, PTO banks, and unpaid leave are only a few forms of employee time off — Mo...
Technology
Labor analytics: A how-to guide for company leadershipMake sure to start small, clean your data, use data from a variety of sources and use desired business ...
data analytics, employee data, HR Tech, people analytics, talent management
Technology
Why tattleware isn’t the solution for underperforming teamsIf your employees can take their smartphones out of their pockets to circumvent your efforts, how can y...
employee monitoring, HR technology, tattleware