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David M. Hymer
Founding Partner |
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“My approach to law is simple. I see what needs to be done, and I do it. I enjoy the process of taking a case from inception to conclusion.”
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David is a founding partner in the law firm of Hermes Sargent Bates, L.L.P. who focuses on employment-related liability and personal injury. His practice is devoted to defending personal injury lawsuits, including workers’ compensation, employer liability, premises liability, automobile and transportation accidents.
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| | | Representative Experience- Quadriplegic injuries from a motor vehicle accident when a restaurant manager was taking the restaurant’s deposit to the bank. Our investigation and preparation led to the Texas Workers’ Compensation Commission finding that the claimant was not in the course and scope of employment and a multiple million-dollar workers’ compensation claim was averted.
- Obtained a summary judgment in favor of an apartment complex and management company for claimed injuries due to a claimed toxic mold exposure of residents.
- After another firm was not successful before the Texas Workers' Compensation Commission, obtained a summary judgment concerning the compensability of the claim. The injuries involved a serious head injury with a permanent mental deficiency.
- Recovered over $1.2 million after convincing the carrier to pursue a potential subrogation recovery in a dram shop claim instead of simply accepting the minimal limits of the drunk driver.
- Investigated and broke open a scheme among plant workers to stage and fraudulently report workers' compensation claims in a manufacturing plant, resulting in victories before the Texas Workers' Compensation Commission and eventual criminal prosecution.
- Successfully defended certified self-insured employer in a bad faith litigation resulting from denial of benefits.
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Tried workers' compensation claim of a national convenience store employee involving intoxication defense, resulting in a favorable jury verdict for the carrier.
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| | | Certifications
- Board Certified in Workers' Compensation Law by the Texas Board of Legal Specialization
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| | | Bar Admissions
- State Bar of Texas, 1989
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United States District Courts for the Northern, Eastern, Southern and Western Districts of Texas
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| | | Education
- Bachelor of Arts Degree from Texas A&M University, 1986
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Juris Doctor Degree from Texas Tech University School of Law; Member of the Board of Barristers and Phi Delta Phi; President of the Student Bar Association, 1989
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| | | Awards and Recognitions
- Rated AV by Martindale-Hubbell
- “Texas Super Lawyer” - Texas Monthly and Law & Politics Magazine, 2004 - 2007
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Board Certified in Workers' Compensation Law by the Texas Board of Legal Specialization
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| | | Publications & Presentations
- Presenter, “Winning Strategies for Workers’ Compensation Claims,” Texas Workers’ Compensation Forum, Dallas, Texas, September 14, 2006; “Changes to Texas Workers’ Compensation Law,” Introduction to Workers’ Compensation, Lorman Educational Services, July 26, 2006.
- Presenter, "Avoiding Bad Faith in Workers' Compensation Claims," to Unitrin, June 15, 2006
- Presenter, "Avoiding Bad Faith in Workers' Compensation Claims," to Sedgwick CMS, April 20, 2006
- Presenter, teleconference on "Workers' Compensation Reform: Analysis of HB 7,” February 23, 2006
- Author, “Comp Commission Won’t Be Missed” published in Dallas Business Journal, August 26, 2005
- Author and Presenter, “Workers' Compensation Reform is coming to Texas, but will we be better off?,” Hermes Sargent Bates Employment Law Conference, 2005
- Texas Workers' Compensation Law: 2003 Legislative Changes
- Texas Supreme Court Considers the Baker Case
- Texas Supreme Court Considers the Downs Case
- Conducts courses for clients, insurance carriers and adjusters on workers’ compensation issues and personal injury litigation.
- Author, on numerous chapters of Advanced Workers’ Compensation in Texas, published by the National Business Institute (1996-1999) and has co-authored a manual entitled “Texas Workers’ Compensation Manual.”
- Frequent lecturer and author, on workers’ compensation, claims handling, the Deceptive Trade Practices Act, bad faith and legal ethics.
- Author and lecturer, on various topics including workers’ compensation law, insurance claims handling, ethics and litigation.
- Author and speaker, “Adjudicating the Workers’ Compensation Case-The Carrier’s Perspective” at National Business Institute’s Advanced Workers’ Compensation Seminar, Dallas, Texas, May 13, 2003
- Author and speaker, “Legislative Changes Concerning the Texas Workers’ Compensation Statute” at Lorman Education Services’ Workers’ Compensation in Texas, Dallas Texas, November 9, 2001
- Author and speaker, “Overview of Texas Workers’ Compensation, Return to Work and Employers’ Rights Issues” and “Improving the Return to Work Process” at Lorman Education Services’ Return to Work Issues in Workers’ Compensation in Texas, Fort Worth, Texas, July 6, 2001
- Author and speaker, “Important Issues in Claims Handling for Employers and Carriers” at Lorman Education Services’ Introduction to Workers’ Compensation, Fort Worth, Texas, June 22, 2001, and Dallas, Texas, May 3, 2001
- Author and speaker, “Update 2001: Texas Workers’ Compensation Law: Appeals Panel Decisions, Appellate Court Decisions, and New Legislation” at the DFW CMSA 9th Annual Conference, Hilton DFW Lakes Hotel, Grapevine, Texas, March 30, 2001
- Author and speaker, “Overview of Texas Workers’ Compensation, Return to Work and Employers’ Rights Issues” and “Improving the Return to Work Process” at Lorman Education Services’ Return to Work Issues in Workers’ Compensation in Texas, Dallas, Texas, February 23, 2001
- Author and speaker, “Medical Issues Arising in Workers’ Compensation Claims” and “Disputing the Compensability of Workers’ Compensation Claims and Defenses to Claims” at Lorman Education Services’ Workers’ Compensation in Texas, Fort Worth, Texas, December 7, 2000
- Author and speaker, “Update in Workers’ Compensation Law” at Lorman Education Services’ Workers’ Compensation in Texas, Dallas, Texas, November 10, 2000
- Author and speaker,” Workers’ Compensation Hearings in Texas: Techniques and Strategies,” for National Business Institute, Fort Worth, Texas, September 14, 2000 and Dallas, Texas, September 7, 2000
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Author and speaker, “Impact of Texas Appellate Court Decisions on Workers’ Compensation Litigation” at Workers’ Comp Publication’s Workers’ Compensation Rules and Litigation Course in Dallas, Texas, February 11, 2000
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| | | Memberships
- State Bar of Texas
- Dallas Bar Association
- Dallas Association of Defense Counsel
- Texas Association of Defense Counsel
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Fellow, Texas Bar Foundation, the premier charitable organization for attorneys in Texas
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| | | Community Service
- An avid woodworker, he regularly volunteers to build houses with Dallas Area Habitat for Humanity
- Board Member, Commissioner and Coach for the Coppell Youth Soccer Association
as well as Chairman of the CYSA Appeals and Discipline Committee -
Outdoor Activity Coordinator for Boy Scout Troop 840 and served as Summer Camp Scoutmaster at H. Roe Bartle Boy Scout Reservation in 2006 and 2007
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| | | Personal
David was born in Houston, Texas. He enjoys woodworking, camping, hiking, and spending time with his wife and 3 children.
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