Liberty Mutual Insurance Co. v. Adcock, 353 S.W.3d 246

Adcock sustained a compensable on-the-job injury in 1991 with LIBs awarded in 1997 for total and permanent loss of use of his right foot above the ankle and right hand up to the wrist.
The 1997 LIBs decision was not appealed and remained final.
Liberty Mutual sought to reopen the case years later on grounds that Adcock’s condition may have changed and LIBs eligibility could be reconsidered.
The Division acknowledged jurisdiction to reopen but ultimately determined Adcock continued to be entitled to LIBs.
The trial court granted summary judgment holding the Division lacked jurisdiction to revisit LIBs under § 408.161, prompting this appeal.
Issue centers on whether the Division may review LIBs eligibility after entitlement has been established and initial remedies exhausted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Division may revisit LIBs after entitlement is established	Adcock: no further review is authorized by statute once LIBs eligibility is determined.	Liberty Mutual/Division: LIBs may be revisited under Division jurisdiction for ongoing entitlement.	Division has no implied right to review LIBs after initial determination; judgment affirmed.

Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009) (enforcing law as written; statutory construction)
Poly-Am., L.P. v. Tex. Workers' Comp. Comm'n, 262 S.W.3d 337 (Tex. 2008) (liberal construction of TWCA to carry out compensation purpose)
Tex. Gen. Indem. v. Workers' Comp. Comm'n, 36 S.W.3d 635 (Tex.App.—Austin 2000) (liberal construction and employee-rights focus)
City of Rockwall v. Hughes, 246 S.W.3d 621 (Tex. 2008) (statutory interpretation; plain meaning governs)
In re Metro. Transit Auth., 334 S.W.3d 806 (Tex.App.—Houston [1st Dist.] 2011) (administrative agency powers; deference to agency construction)
Lakeshore Utils. Co. v. Tex. Nat. Res. Conserv. Comm'n, 164 S.W.3d 368 (Tex. 2005) (agency powers limited to express authorizations)