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Robert Graves

bajb-bob-graves-2
Partner
Burns Anderson Jury & Brenner, L.L.P.

Phone: (512) 338-5322
Fax: (512) 338-5363
E-mail: [email protected]
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Profile:

Bob is an experienced workers’ compensation attorney. Board certified in Texas Workers’ Compensation Law by the Texas Board of Legal Specialization, he represents employers and insurance carriers in administrative and court proceedings regarding workers compensation issues, including benefit disputes, medical disputes, subrogation claims and compliance matters. He has participated in the legislative process regarding workers’ compensation issues and acted as an expert witness on workers’ compensation matters. Bob has been a member of the BAJB family since 2001 and a Partner since 2008.

In addition to the practice of law, Bob enjoys playing guitar and physical activities, participating in various fun runs, Warrior Dashes and Spartan Races. His is active in CrossFit and is a CrossFit Level 1 Trainer as well as a USA Sport Performance Coach.


Certification:

Board Certified, Workers’ Compensation Law, Texas Board of Legal Specialization


Admitted to Practice

State Bar of Texas

State Bar of Oregon (inactive)

United States District Court: Western, Eastern, Northern, and Southern Districts of Texas


Affiliations:

Former Member, Workers’ Compensation Law Advisory Commission, Texas Board of Legal Specialization
Member, College of the State Bar
Fellow, Texas Bar Foundation


Legal Experience

November, 2001 to present

Partner, Burns Anderson Jury & Brenner, L.L.P. Represents clients in administrative and court proceedings primarily regarding workers’ compensation issues involving indemnity and medical benefits, compliance matters and subrogation. Participated in the legislative process regarding workers’ compensation issues and acted as an expert witness on workers’ compensation matters

February, 1998 to October, 2001

Staff Attorney/Manager with the Texas Workers’ Compensation Insurance Fund. Managed subrogation department. Before working with the subrogation department, represented the Fund in administrative and court proceedings regarding workers compensation issues involving indemnity and medical benefits.

February, 1995 to January, 1998

Associate with the Law Offices of John D. Pringle. Represented clients in administrative and court proceedings primarily regarding workers compensation issues involving indemnity and medical benefits, compliance matters and subrogation.


Military Experience

U.S. Army, 1983 – 1986; Airborne Infantry. Held position of Senior Pathfinder, 82nd Airborne Division.


Workers’ Comp. Seminars:

Click here for list of seminar topics

Email us about attending a seminar
Bob has presented numerous seminars on workers’ compensation topics. His audiences include attorneys, insurance adjusters and insurance company employees, risk managers, employers, and Texas Department of Insurance Division of Workers’ Compensation Commission personnel.


Reported Cases:


Pacific Employers Insurance Company v. Reynolds, 961 S.W.2d 516 (Tex. App.—San Antonio 1997).

In re Kitt, 129 Or. App. 591, 879 P.2d 1348 (1994).

Murphy v. Manfred (Fred) MAAS
, 122 Or. App. 376, 857 P.2d 890 (1993).

State v. Ward, 129 Or. App. 409, 879 P.2d 1307 (1994).

State v. Hoskinson, 123 Or. App. 305, 859 P.2d 576 (1994).

State v. Hustead, 118 Or. App. 732, 848 P.2d 147 (1993).

State v. Brown, 122 Or. App. 632, 857 P.2d 915 (1993).

State v. Galli, 125 Or. 218, 865 P.2d 361 (1993).


Publications & Seminars:

Speaker: “Preparing & Presenting Compensability and Extent of Injury Issues,” ” State Bar Advanced Workers’ Compensation Course 2016.

Speaker: “Utilizing the Designated Doctor Process in Adjusting Claims,” MedConfirm/BAJB Seminar – Summer in the City….A Lovin’ Spoonful of Workers’ Compensation 2016

Speaker:  “Lifetime Income Benefits Update,” State Bar Advanced Workers’ Compensation Course 2015.

Speaker:  “The Benefits Scheme,” various entities.

Speaker:  “Lifetime Income Benefits, The Long Haul, 2015 Insurance Council of Texas Workers’ Compensation Seminar.

Speaker:  “Lawful Handling of Preexisting Injuries,” various entities.

Speaker: “Lifetime Income Benefits Update,” State Bar Advanced Workers’ Compensation Course 2014.

Speaker: “It’s Spring Time for PLNs in Texas,” 2014 Insurance Council of Texas Workers’ Compensation Seminar.

Speaker: “Claims Handling Ethics,” various entities.

Speaker: “Current Status of Medical Dispute Resolution,” State Bar of Texas Advanced Workers’ Compensation Law Course, 2013.

Speaker: “Lawful Handling of Pre-Existing Injuries,” various entities.

Speaker: “Peer Reviews and the Impact of the New Utilization Review Rules,” various entities.

Speaker: “Legislative Update: It’s Alive,” Central Texas CPCU Society Luncheon, April 2012.

Speaker: “Understanding the Benefit Review Conference Process ‘Why Can’t We Be Friends,'” 2012 Insurance Council of Texas Workers’ Compensation Seminar.

Speaker: “Issues Regarding Recoupment and Salary Continuation,” 2012 Select Physical Therapy CEU, 2012.

Author: “Overview of the 2011 Sunset Bill, ‘Enter the Sandman,'” Workers’ Compensation Newsletter, Winter 2011.

Speaker: “Crossroads: Regulatory Update,” Insurance Council of Texas 2011 Workers’ Compensation Conference.

Moderator: “Hearing Officer Discussion Panel,” State Bar of Texas Advanced Workers’ Compensation Law Course, 2011.

Co-Speaker: “Transcontinental Insurance Co. v. Crump & Leordeanu v. American Protection Insurance Co.,” Texas Department of Insurance, Division of Workers’ Compensation Hearings Conference, August 2011.

Speaker: New Designated Doctor Rules, Letters of Clarification, and Designated Doctor Issues, Insurance Council of Texas 2010 Workers’ Compensation Fall Seminar.

Panelist: “Medical Dispute Resolution Update;” State Bar of Texas Advanced Workers’ Compensation Course, 2010.

Speaker: “In Comp, No One Can Hear Your Scream! The Continuing Saga of the Designated Doctor Process,” Insurance Council of Texas 2010 Workers’ Compensation Spring Seminar.

Author and Speaker: “2009 Rule Update: ‘Welcome to the Jungle!'” Insurance Council of Texas 2009 Workers’ Compensation Fall Seminar.

Speaker: Panelist “Perspectives on the Workers’ Compensation System,” Insurance Council of Texas 2008 Workers’ Compensation Fall Seminar.

Author and Speaker: “Navigating the Designated Doctor Process Through the Blizzard of Ozz,” various entities.

Author and Speaker: “Understanding the Role of the Designated Doctors in the Texas Workers’ Compensation System and How You Can Address Disputed Issues with Designated Doctors, Spring, 2008 Insurance Council of Texas Workers’ Compensation Seminar.

Author: “Reimbursement of Health Insurers: ‘Gotta Have More Cowbell!'” Workers’ Compensation Section Newsletter, Volume 1, Issue 1 (February 2008).

Co-Author and Co-Speaker: “The Live and Times of a Workers’ Compensation Claim,” November 1, 2007 Insurance Council of Texas Workers’ Compensation Seminar.

Author and Speaker: “Medical Disputes: ‘The Road Goes on Forever and the Party Never Ends,” various entities.

Author and Speaker: 2007 Legislative Update; “Just When You Thought It Was Safe to Go Back Into The Water.'” (presented to various entities).

Author and Speaker: “The Disability Management Process and Claims Handling,” Austin Claims Association 2007 Workers’ Compensation Seminar, July 31, 2007.

Author: “‘Turn Out the Lights, the Party is Over;’ Texas Supreme Court Declines to Take Up DWC Appeal of Court of Appeals Decision that Found TWCC Exceeded its Authority in Issuing and Applying Advisories 2003-10 and 2003-10B.” ICT Workers’ Compensation Update, July 20, 2007.

Author: “Parting is Such Sweet Sorrow; DWC Announces PRME Rule to be Repealed.” ICT Workers’ Compensation Update, July 20, 2007.

Author and Speaker: “The Disability Management Rules; Papa’s Got a Brand New Bag.” (presented to various entities).

Author and Speaker: “Legal Issues Associated with the Disability Management Process,” Insurance Council of Texas, Disability Management Training, April 19, 2007.

Author and Speaker: “Network Update; The Medical Dispute Monsters, Comparison of the Two Systems: Non-Network v. Network, Workers’ Compensation, Using the New Rules to Obtain Treatment and Payment, Workers’ Comp. Publications, March 30, 2007.

Co-Editor: Texas Workers’ Comp Reporter (January 2006 to January 2007).

Author and Speaker: “‘Call the Doctor. I think I am Gonna Crash:’ What You Need to Know, but Are Afraid to Ask About the New Designated Doctor and Required Medical Examination Rule and Processes,” Insurance Council of Texas Fall, 2006 Workers’ Compensation Seminar and various entities.

Author: “New Medical Peer Review Rules: ‘After All, We’re Not Savages,” Texas Workers’ Comp Reporter Volume 4, Issue 5, October 2006.

Co-Presenter: “Carriers’ Perspectives on Hearings; Ethical Issues,” 2006 Ombudsman Conference.

Author: “Waiver of the Right to Dispute the Extent of a Compensable Injury, Clear as Mud?” Texas Workers’ Comp Reporter Volume 4, Issue 1, June 2006; ICT Workers’ Compensation Update, June 7, 2006; Workers’ Comp Central (workerscompcentral.com), July 15, 2006.

Author and Speaker: “Navigating the Twists and Turns Forged by House Bill 7: Denial of Claims (Do’s and Don’ts) New Preauthorization Rule, the Expanded Role of the Designated Doctor and Other Issues,” Insurance Council of Texas Spring, 2006 Workers’ Compensation Seminar.

Presenter: “Subrogation: ‘It’s a Gas, Grab the Cash with Both Hands and Make a Stash,'” various entities.

Author: “New Network Rules Adopted,” Texas Workers’ Comp Reporter Volume 3, Issue 9, February 2006.

Author: “ALJ Issues Prehearing Order in Stop-Loss Reimbursement Case,” Texas Workers’ Comp Reporter Volume 3, Issue 9, February 2006.

Author: “You Get What You Need,” Texas Workers’ Comp Reporter, Volume 3, Issue 8, January 2006.

Author: “Stop-Loss Reimbursement; There Must Be Some Kind of Way Out of Here, Said the Joker to the Thief,” ICT Workers’ Compensation Update, October 24, 2005.

Author and Speaker: “Legislative Changes Impacting Indemnity Benefits; Beam Me Up Scotty,” Insurance Council of Texas 2005 Fall Workers’ Compensation Seminar.

Speaker: “An Update on Workers’ Compensation Developments: Noteworthy Cases, Hot Legislative Issues and Emerging Trends” & “Partnering With Your Claims Adjuster and Defense Counsel for Effective Claims Management,” Council on Education Management Austin Workers’ Comp. Update, 2005.

Speaker: “Winning Strategies for Reining In Workers’ Compensation Costs,” Council on Education Management 2005 Texas Workers’ Compensation Forum.

Author: “Employers Utilizing Temporary Workers, Get It In Writing,” ICT Workers’ Compensation Update, June 30, 2005.

Presenter: “2005 Workers’ Compensation Reform – HB-7; The Good, The Bad and The Ugly,” various entities.

Author and Speaker: “Hot Issues Regarding Income Benefits; Don’t be Workers’ Compensation ‘Girlie Men,'” Insurance Council of Texas 2004 Workers’ Compensation Seminar.

Author: “Court of Appeals Upholds TWCC’s 2002 Medical Fee Guidelinem,” ICT Workers’ Compensation Update, June 22, 2004.

Author: “The New C&P Rules; Send Lawyers, Guns and Money,” Insurance Council of Texas Workers’ Compensation Symposium, 2003.

Author: “Court Invalidates Rule that Requires Insurers to Develop and Consistently Apply Reimbursement Methodology for Medical Services Not Covered by a Fee Guideline,” ICT Texas Workers’ Compensation Update, July 29, 2003.

Author and Speaker: “Legislative Update, 2003, presented to various entities.

Author and Speaker: “Overview of Average Weekly Wage Calculations and Issues” various entities.

Author: “Texas Workers’ Compensation Commission v. Continental Casualty Company: The Bridge City Gap is Gone,” Oct. 25, 2002.

Author: “Texas Court of Appeals in Austin Strikes Down TWCC Medical Audit and Payment Rule Which Provides for Health Care Provider Audits by Carriers,” 2002 Summer Reference Manual, ICT Service, Inc., 21-25, 2002.

Author: “A Tale of Two Statutes: The Rise and Fall of the Carrier’s Interlocutory Order,” ICT Texas Workers’ Compensation Update.

Speaker: “Workers’ Compensation 101; Now I Stopped Worrying and Love Workers’ Compensation,” presented to various entities.

Speaker: “Identifying Occupational Diseases and Repetitive Trauma Injuries,” various entities.

Speaker: “Spinal Injuries under the TWCA: MD vs. D.C.,” presented to various entities.

Speaker: “Identify Exceptions: Defenses Under the Texas Workers’ Compensation Act,” various entities.

Speaker: “Problems Related to Identify Correct Employer,” various entities.

Speaker: “Supplemental Income Benefits: A Tribute to the Simpsons,” various entities.

Speaker: “Subrogation: The Ugly Duckling of Workers’ Compensation,” various entities.

Author Comment: “The Interaction of the Bankruptcy Code and Environmental Laws,” The Grind, and The Grease, 29, Willamette Law Review 297, 1993.

Author Note: “Administrative Agencies Get Their Way Over constitutional Rights,” Rust v. Sullivan, 28 Willamette Law Review 173, 1992.

Education

  • Willamette University College of Law, Salem Oregon. Doctor of Jurisprudence, 1993. Member of Willamette Law Review and Moot Court Board.
  • Centenary College of Louisiana, Shreveport Louisiana. Bachelor of Science, Business 1989.

Career

  • Partner, Burns Anderson Jury & Brenner, 2008 to present
  • Associate, Burns Anderson Jury & Brenner, 2000-2007
  • Staff Attorney/Manager, Texas Workers’ Compensation Insurance Fund, 1998-2000
  • Associate, Law Offices of John D. Pringle 1995-1998
  • U.S. Army, 1983-1986. Airborne Infantry. Held position of Senior Pathfinder with the 82nd Airborne Division

Practice Admissions

  • State Bar of Texas
  • State Bar of Oregon (inactive)
  • United States District Court: Western, Eastern, Northern, and Southern Districts of Texas

Practice Areas

  • Bad Faith Prevention
  • Benefit Contested Case Hearings (BCCHs)
  • Benefit Dispute Resolution
  • Benefit Review Conferences (BRCs)
  • Claims Management Issues
  • Compliance & Practice Defense
  • DWC Appeals & Responses
  • Insurance Coverage
  • Legislative Consulting
  • Medical Dispute Resolution
  • Toxic Exposure
  • Workers’ Compensation