Division of Workers Compensation

I haven’t been able to update my blog because I had been sent a cease and desist letter from the DWC informing me that I was in violation of Texas Labor Code Section 419.002(a) because I had used the words “Texas Workers’ Comp” in this blog’s URL.
Well, today I filed suit against the DWC in federal court. You can view my petition here:

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First, an injured worker’s alien status is not a complete bar to receiving workers compensation benefits. Commercial Standard Fire and Marine Company v. Galindo, 484 S.W.2d. 635 (Tex. Civ. App.–El Paso 1972, writ ref’d n.r.e.); This holding has been adopted under the current compensation act by APD 022258-s. Second, in a case involving a meat packer, Tyson Foods, Inc. v. Guzman 116 S.W.3d 233, (Tex.App.-Tyler 2003,no pet.), the court held that not only can an undocumented alien be compensated for lost wages, the undocumented worker is also entitled to recover for lost earning capacity for the future. In other words, there is no presumption that the worker would be deported and unable to earn wages in the country of origin. However, if an employee returns to work, even at light duty, and is later terminated, laid off, or quits, and the evidence shows that the injured undocumented worker’s medical condition has not changed, the worker may not establish disability if the sole reason other employment cannot be obtained is the injured worker’s illegal alien status. APD 000529.

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The Office of Injured Employee Counsel was created by the legislature to better assist injured workers in the handling of their workers compensation claims than had been had previously by an ombudsman program administered by the Division of Workers Compensation. When the current workers compensation system was created, ombudsman worked within the Division to assist