In a memorandum opinion today, the Amarillo Court of Appeals ruled in favor of a woman who lost her son in a tragic on-the-job injury. The case, Texas Mutual Insurance Company vs. Rosa Mendez, Case Number 07-19-00087-CV, involved a worker at a plant that made sand used in fracking. The mechanism that transported product into
Currently, the Division of Workers’ Compensation takes the position that the rebuttable presumption shifts the burden of proof in a workers compensation case…The Texas Supreme Court has made very clear that a rebuttable presumption does not shift the burden of proof.
Continue Reading The Presumption of Intoxication, continued.
According to the Division of Workers Compensation, rebuttable presumption means that the burden of proof shifts to the claimant to prove that they are not intoxicated at the time of injury. This creates a significant hurdle for the injured worker.
Continue Reading The Presumption of Intoxication