Texas Workers Compensation Lifetime Income Benefits


I recently returned from the annual Advanced Texas Workers Compensation Seminar. This year I had the privilege of speaking with Maggie Knott on the Appellate Case Updates. Any one that has been involved in the Texas Workers Compensation system over the last few years will know that it is rapidly changing. Many of the changes are making it more difficult on injured workers. However, there are some appellate courts which have made findings which benefit injured workers. Liberty Mutual Ins. Co. v. Adcock is a case regarding Lifetime Income Benefits, which helps injured workers. For an injured worker to qualify for Lifetime Income Benefits in Texas, the injured worker must show the loss of use of both eyes, both feet above the ankles, both hands at or above the wrist or a combination of feet and hands; a spinal injury causing permanent paralysis of both arms, legs or a combination of the above; a physically traumatic injury to the brain resulting in incurable insanity or imbecility; or severe 2nd or 3rd degree burns which require grafting. In Liberty Mutual Ins. Co. v. Adcock, the injured worker established that he was entitled to Lifetime Income Benefits. A few years later, Liberty Mutual tried to re-litigate the claiming that the injured worker was getting better and no longer qualified for Lifetime Income Benefits. The Fort Worth Court of Appeals affirmed the trial courts finding that the Division of Workers Compensation did not have authority to re-evaluate a determination of Lifetime Income Benefits. Those benefits are to be paid until the death of the injured worker. Daniel L Morris info@themorrisfirm.net (214)357-1782


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