Appellate Lawyer of the Week: The Heart Attack Standard

, Texas Lawyer


Usually when a plaintiff loses a worker's compensation claim before an administrative hearing officer, the litigation is over. That would have been the case for Terrica Barnes if not for the work of her lawyer. He convinced Houston's 1st Court of Appeals that Barnes' wrongful-death suit alleging gross negligence was not barred by res judicata and collateral estoppel, even though a Texas Department of Insurance Division of Workers' Compensation (DWC) hearing officer already had denied her worker's comp claim.

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