Arnold & Placek Obtains Judgment of $148,000 for Additional Premium

Written by A&P News on May 22nd, 2012. Posted in Premium

419th District Court, Travis County 

Arnold & Placek, P.C. successfully obtained a judgment today of nearly $150,000 on behalf of Texas Mutual Insurance Company.  The case arises from Texas Mutual’s claims that Covington Wireless, Inc., a satellite television installation company, did not report the payroll for a significant portion of their installers, thus obtaining workers’ compensation insurance at an artificially reduced price.  On summary judgment, Arnold & Placek demonstrated that the payroll that should have been properly disclosed and included in the premium calculations resulted in an additional premium of over $100,000.  The Court agreed, entered summary judgment for Texas Mutual and awarded it attorney’s fees on its breach of contract claims for a total judgment of just over $148,000.  Texas Mutual was represented by Scott Placek and Kyle Jones of Arnold & Placek. Kyle Jones argued and obtained the ruling on summary judgment for Texas Mutual.

Texas Supreme Court Upholds Eastland Mandamus

Written by A&P News on April 13th, 2012. Posted in Appeals, Judicial Review

The Texas Supreme Court today denied the Motion for Rehearing of Amerimex Drilling I, Ltd. in its request for mandamus review of the Eastland Court of Appeals decision in In re Texas Mutual Ins. Co.. In 2010, the Eastland Court of Appeals granted the petition for writ of mandamus filed by Arnold & Placek on behalf of Texas Mutual, holding that employers do not have a general right of standing to intervene in judicial review suits by their employees. The Eastland Court held that standing in a workers’ compensation suit must have a statutory basis. Accordingly, the Eastland court instructed the trial judge to dismiss Amerimex’s petition in intervention.

Amerimex then filed a petition for writ of mandamus asking the Supreme Court to reinstate their suit. The Supreme Court denied the petition on September 30, 2011, and denied the motion for rehearing today. Texas Mutual was represented by Scott Placek and Scott Arnold of Arnold & Placek, and by the firm of Graves, Dougherty, Hearon and Moody.

Arnold & Placek, P.C. Obtains Judgment that Impairment Benefits Cannot be Awarded for Post Traumatic Stress Disorder

Written by A&P News on April 11th, 2011. Posted in Judicial Review

274th District Court, Comal County

Arnold & Placek, P.C. today obtained a complete summary judgment on Texas Mutual’s appeal from an adverse decision of the Division of Workers’ Compensation in this judicial review action.  The claimant filed for workers’ compensation after witnessing the aftermath of a break in at the animal shelter where she was employed.  Texas Mutual accepted the claim and the claimant was eventually diagnosed with Post Traumatic Stress Disorder (“PTSD”). A designated doctor gave her a 35% whole person impairment rating based solely on her PTSD. The DWC upheld the designated doctor’s determination.

On appeal to the district court, Arnold & Placek filed a motion for summary judgment on behalf of Texas Mutual, arguing that it was impermissible for the DWC to award any impairment rating for PTSD.  The court agreed and, in granting a full judgment for Texas Mutual, held that a claimant’s impairment rating, by statute, must be based on the American Medical Association’s guidelines, and those guidelines specifically state that it is not possible to assign an impairment rating for mental disorders such as PTSD.  Thus, the Court held that her impairment rating was 0%, as found by a second doctor that had evaluated the claimant.  Kyle Jones argued and obtained the summary judgment for Texas Mutual.

Texas Bad Faith & Coverage Quarterly – Feb. 2011 Issue

Written by A&P News on March 15th, 2011. Posted in Publications

The February 2011 issue of Arnold & Placek’s quarterly publication, the Texas Bad Faith & Coverage Quarterly is in the mail to subscribers.  The Quarterly summarizes significant bad faith and coverage cases from Texas state and federal courts.  The publication is provided free of charge to insurance adjusters, in-house counsel, and other carrier employees handling all lines of insurance in Texas.  The February edition includes an analysis of the Supreme Court’s recent decision in Leordeanu v. American Protection Ins. Co.  This case clarified certain aspects of workers’ compensation coverage for employees injured during business-related travel.

If you are not currently receiving the Texas Bad Faith & Coverage Quarterly, you can register atwww.texasquarterly.com to be added to the subscriber list.

Texas Bad Faith & Coverage Quarterly Publishes First Issue

Written by A&P News on December 15th, 2010. Posted in Publications

Arnold & Placek, P.C. has published the first issue of the Texas Bad Faith & Coverage Quarterly.  This quarterly publication will summarize recent state and federal cases touching on bad faith and coverage decisions in Texas.  The case summaries are researched and written by Arnold & Placek attorneys.  The newsletter covers all property and casualty lines, as well as life insurance cases.  This publication is available free of charge to licensed adjusters, claims personnel and in house counsel for Texas insurance carriers.

To receive your subscription, send an e-mail to Brandon McKay: bmckay ‘at’ arnoldplacek.com