Darryl J. Silvera (Shareholder)

Attorneys

Darryl J. Silvera (Shareholder)

Admitted:   1989, Texas
Practice Areas:   Workers’ Compensation, Insurance Defense, Automobile Liability, Bad Faith Claims, Commercial Litigation, Personal Injury
Law School:   St. Mary’s University of San Antonio, J.D.
Member:    County, Dallas, Texas and American Bar Associations; Texas Association of Defense Counsel; Workers’ Compensation Law Advisory Commission.
Biography:   Darryl J. Silvera obtained his Bachelor of Business Administration degree from Southern Methodist University in 1985. While at SMU, Darryl was a teaching assistant and a member of a philanthropies committee. Darryl attended St. Mary’s University School of Law in San Antonio, Texas where he obtained his Juris Doctorate degree in 1989. While at St. Mary’s, Darryl taught legal research and writing to first-year students. He was also a research assistant for a professor. As a research assistant, Darryl contributed to articles published by various law professors. Having had two articles published as a member of the St. Mary’s Law Journal, Darryl was recognized for his legal writing. The first article addressed retirement benefits under ERISA. The second article published dealt with the division of community property in Texas. Upon graduation, Darryl joined the law firm of Bishop & Hummert where he spent 11 years as a director, officer and shareholder. Darryl started Silvera & Associates, P.C. on March 1, 2001. The firm changed its name to The Silvera Firm in December 2002.
Publications:   Darryl has authored various papers for the Texas Association of Independent Adjusters and the Texas Association of Defense Counsel. In 1990, he co-authored portions of Matthew Bender’s multi-volume treatise on worker’s compensation law. He has also authored various other articles, including: Casenote, “Allard v. Frech, 754 S.W. 2d 111, (Tex., 1988)”, 20 St. Mary’s L.J. 373, (1989); Comment, Community Property in Texas, 20 St. Mary’s L.J. 897, (1989); “Defending Claims Under the New Act,” PESI, Fall, 1991; “Defending and Adjudicating Workers’ Comp. Claims in Texas,” PESI, 1992; “Protecting Insurance Carriers Against Administrative Violations in Texas,” PESI, 1992; “Defending Workers’ Comp. Claims in Texas, Injuries in the Workplace,” NBI Law Review Series, 1993; “Avoiding Administrative Violations Under the Texas Workers’ Comp. Act,” PESI, 1993; “Administrative Violations and the Texas Workers’ Comp. Act,” NBI, Fall, 1993; Independent Contractor and Employee Distinctions, State by State Legal Guide, Ch. 43 (Texas Law), Wiley Law Pub., 1993; Texas Labor and Employment Law, NBI Law Review Series, Fall, 1994; “Injuries in the Workplace,” NBI, Law Review Series, Fall, 1995; “Defending Workers’ Compensation Claims: Carrier/Employer’s Perspective, Texas Workers’ Compensation Practice,” PESI, 1997; Co-author: “Pre-Existing Condition or Subsequent Injury,” Texas Workers’ Comp. Law, Subsection12, Matthew Bender, 1990; “Adjusting and Defending Workers’ Compensation Claims in Texas: Carriers and Employers’ Perspective,” NBI Law Review Series 1998; “Avoiding Administrative Violations in Texas,” Lorman Fall 1999; “Texas Workers’ Compensation New Rules and Litigation,” Workers’ Comp. Publications, February 2000; “Litigating a Workers’ Compensation Case in Civil Court,” Lorman Fall 2000; “Texas Return to Work Issues in Workers’ Compensation,” Lorman Spring 2001; “Litigating A Workers’ Compensation Case in Court: Successful Carrier Strategies,” Texas Workers’ Compensation and Employment Law Litigation, Workers’ Comp. Publications, March 2001; “Litigation Techniques for the Difficult Workers’ Compensation Case,” NBI Law Review Series 2001; “Texas Workers’ Compensation and Employment Law Litigation,” Spring 2001; “Reducing Workers’ Comp. Costs Through Effective Return-to-Work and Modified Duty Policies and Practices,” Workers’ Comp. Update 2002, Council on Education in Management, June 2002; “Injuries in the Workplace – Examining the Workers’ Compensation Process,” Texas Labor and Employment Law, NBI, September 2002; The Fundamentals of Workers’ Comp in Texas, Institute for International Research, October 2002; “Workers’ Compensation in Texas,” Lorman, November 2002; “Litigating Workers’ Compensation Cases in Court”, February 2003; “Advanced Workers’ Compensation in Texas,” Lorman, April 2003; “Workers’ Compensation in Texas in 2003 – Is It a New Era?” Lorman, November 2003; “Defending Workers’ Compensation Claims in Texas, Is It a New Era?”, Lorman, April 2004; “Appeals Panel and Judicial Review” for Advanced Workers’ Compensation Course, State Bar of Texas, October 2004; “Defending Workers’ Compensation Claims in Texas,” Lorman, November 2004; “Innovative Strategies to Control Workers’ Comp Costs and Protect Your Bottom Line”, Council on Education in Management March 2005; “Workers’ Compensation Statute – Legislative Changes”, The Silvera Firm, August 2005; “Judicial Review and Trial Practice Under TDI and the New Division of Workers’ Compensation,” Texas State Bar, September 2005; “An Adjuster’s Practical Guide to Workers’ Compensation in Texas,” The Silvera Firm, January 2006; “Defending Workers’ Compensation Claims in Texas Under TDI and the New Division of Workers’ Compensation,” Lorman, February 2006; “Defending Workers’ Compensation Claims in Texas – Is it Still Alive?” Texas Association of Defense Council Spring Meeting, May 2006; “Judicial Review and Trial Practice Under TDI and the New Division of Workers’ Compensation,” Texas State Bar, August 2006; “Judicial Review and Trial Practice Under TDI and the New Division of Workers’ Compensation,” Texas State Bar, August 2007; “Appealing Workers’ Compensation Decisions in District Court: Tips for Enhancing Your Chances of Success,” Texas Workers’ Comp Forum 2007, September 2007; “Workers’ Compensation Claims in Texas – Overview of the Law and Defending Claims, Strategies for Success!”, Lorman, February 2008; “Judicial Review and Trial Practice Pre-Trial Issues: What to Consider and How to Respond in District Court,” Texas State Bar, August 2008; “Workers’ Compensation – Directing, Crossing and Challenging Experts”, Texas State Bar, August 2009; ” The Ongoing Battle Over Causation & Extent: Extent of Injury – Are Injuries Still Migrating?”, Texas State Bar, August 2010. Darryl is licensed to practice before all Texas state, federal and appellate courts. He is a member of the American, Texas, Tarrant County, and Dallas Bar Associations, the Texas Association of Defense Counsel and the Workers’ Compensation Law Advisory Commission. Darryl has also achieved the highest rating for legal ability in Martindale-Hubbell. It is achievable only after admission to the bar for at least ten years, indicating the highest level of legal ability and ethics.
Cases:   Service Lloyds Ins. Co. v. Slay, 800 S.W.2d 359 (Tex. App. El Paso 1990, writ denied); Thurman v. Sears, Roebuck & Co., 952 F.2d 128 (5th Cir. 1992); Service Lloyds Ins. Co. v. Bowser, 837 S.W.2d 749 (Tex. App. Fort Worth 1992, no writ); Lusk v. Service Lloyds Ins. Co., 922 S.W.2d 647 (Tex. App. Austin 1996, writ denied); Cooper v. St. Paul Fire & Marine Ins. Co., 985 S.W.2d 614 (Tex. App. Amarillo 1999, no pet.); St. Paul Fire & Marine Ins. Co. v. Meador, 990 S.W.2d 362 (Tex. App. Fort Worth 1999, no writ); St. Paul Ins. Co. v. Mefford, 994 S.W.2d 715 (Tex. App. Dallas 1999, no writ); Security National Ins. Co. v. Farmer, 89 S.W.3d 197 (Tex. App. Fort Worth 2002, no writ); American Casualty Co. v. Martin, 97 S.W.3d 679 (Tex. App. Dallas 2003, no writ); Cervantes v. Tyson Foods, Inc., 130 S.W.3d 152 (Tex. App. El Paso 2003, writ denied); Universal Underwriters Ins. Co. v. Tex. Workers’ Comp. Commission, 2003 Tex. App. LEXIS 2206 (Tex. App. Fort Worth 2003); Albertson’s, Inc. v. Ellis, 131 S.W.3d 245 (Tex. App. Fort Worth 2004); Tina Bruno, Individually, and as Natural Guardian of Charles Bruno, a minor, and Jasime Bruno, a minor; in the Matter of Charles W. Bruno, Deceased, v. Trinity Universal Insurance Company of Kansas, 2004 Tex. App. LEXIS 11326 (Tex. App. Corpus Christi 2004); In re La Madeleine of Tex., Inc., 2004 Tex. App. LEXIS 5262 (Tex. App. Dallas 2004); Trinity Universal Ins. Co. v. Berryhill, 2004 Tex. App. LEXIS 3228 (Tex. App. Houston 14th Dist. 2004); Lopez v. La Madeleine of Tex., Inc., 200 S.W.3d 854 (Tex. App. Dallas 2006); In re Printpack, Inc. and Brad Page, Relators, 2006 Tex. App. LEXIS 3028 (Tex. App. Fort Worth 2006); In re Trinity Universal Insurance Company of Kansas, 2006 Tex. App. LEXIS 8550 (Tex. App. San Antonio 2006); In re Hospitality Employment Group, LLC, Prestonwood Country Club, and Prestonwood Creek, Relators, 234 S.W.3d 832 (Tex. App. Dallas 2007); Yvonne Cooper v. St. Paul Fire and Marine Ins. Co. and Texas Mutual Insurance Company, 2006 Tex. App. LEXIS 6799 (Tex. App. Amarillo 2007); Sanchez v. Utica National Ins. Co., 2006 Tex. App. LEXIS 1079 (Tex. App. Dallas 2007); Texas Department of Ins., v. Albertson’s, Inc., 2009 Tex. App. LEXIS 2056 (Tex. App. Fort Worth 2009); In re Telsco Industries, Inc. D/B/A Weathermatic, Relator, 2009 Tex. App. LEXIS 4175 (Tex. App. Dallas 2009).
Born:   West Palm Beach, Florida, 1963

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