Workers’ Compensation

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Downs & Stanford's extensive workers' compensation practice, coupled with our insurance defense knowledge, allows us to expertly protect the interests of insurance carriers, self-insureds, political entities, and employers. Our firm has established one of the largest workers' compensation practices in North Texas, and maintains a docket that encompasses all Texas venues. We have a prominent legislative and administrative presence in Austin, Texas, and maintain a strong presence before the Division of Workers’ Compensation, serving as the Austin Representative for many of our clients.

Downs & Stanford provides support for all areas of workers' compensation claims, from the administrative level through litigation and appeal. Services include legal consultation, medical dispute resolution, administrative hearing representation, and appeals. Our attorneys often serve as expert witnesses on workers' compensation issues. In addition, we investigate workplace accidents and deaths for potential exposure to the employer under the Texas Labor Code.

To better serve our clients, our crisis management team is available after hours for an immediate response to catastrophic matters, ensuring the protection of our clients’ rights by preserving critical evidence at the work site.

Additional Services

  • Designated Doctor, Required Medical Exam, and Peer Review. Downs & Stanford coordinates these exams and reviews. Our services include preparing the requests and securing orders for exams, obtaining and sending records to physicians, and preparing an analysis for the doctors. We also confirm the claimant’s attendance at exams and follow up with physicians to secure necessary reports. (LINK)
  • Workers’ Compensation Seminars. Downs & Stanford regularly presents seminars to keep our clients abreast of the ever-changing Texas Workers’ Compensation Act and rules. These seminars are approved by the Texas Department of Insurance and are accredited for continuing education.

Downs & Stanford offers a full spectrum of subrogation services to determine subrogation potential and lien recovery.

  • Subrogation
    Downs & Stanford offers a full spectrum of subrogation services to determine subrogation potential and lien recovery.
  • Subsequent Injury Fund (SIF) Requests
    Downs & Stanford works with clients to review files for potential recovery from the Subsequent Injury Fund (SIF). We take a proactive approach and review for potential SIF recovery during the handling of a claim in addition to pursuing SIF recovery once it is available. Our services include calculating potential SIF recovery on overpaid medical benefits and income benefits, preparing the SIF Reimbursement Request Form, communicating with the Division’s SIF personnel for additional information, obtaining SIF recovery checks for our clients, and answering all questions through the process.
  • Medical Dispute Resolution (MDR)
    Downs & Stanford will assist insurers and self-insureds in responding to a health care providers’ filing with Medical Fee Dispute Resolution.  We will determine if the health care services were properly disputed or properly reimbursed.  Downs & Stanford will also obtain the appropriate medical documentation and file a response containing the documentation with Medical Fee Dispute Resolution.
  • Administrative Violations and Compliance
    Downs & Stanford works with insurers and self-insureds in responding to alleged violations. Our services include gathering claim file materials pursuant to a Document Request Letter and responding to alleged violations with appropriate documents and argument. If the investigation escalates, Downs & Stanford will negotiate any proposed Consent Order to seek a reduced penalty or file an appeal with the State Office of Administrative Proceedings. Downs & Stanford also works with insurers and self-insureds in responding to indemnity benefit and medical benefit audits. Our services include gathering claim file materials pursuant to a Notice of Audit and providing the requested claim file materials to the Division of Workers’ Compensation. The Division of Workers’ Compensation will issue Preliminary Findings, and we will then respond to each inaccurate finding with appropriate documents and argument. Once the Final Report of the Audit is received, and if a violation is issued based on the final results, Downs & Stanford will negotiate any proposed Consent Order to seek a reduced penalty or file an appeal with the State Office of Administrative Proceedings.
  • Subpoena Review
    Downs & Stanford routinely reviews claim files to remove and redact privileged information prior to producing documents in response to third-party subpoenas.