David M. Hymer
Partner
Dallas Office
1700 Pacific Avenue, Suite 4545
Dallas, Texas 75201
"My approach to the practice of law is simple: I see complex situations, creatively analyze issues, and proactively pursue solutions that serve our clients' best interest."
Practice Areas
Workers' Compensation o Nonsubscriber o Transportation o Premises Liability o Construction o Personal Injury Defense o Employment & Labor
David M. Hymer is a partner in the law firm of Quintairos, Prieto, Wood & Boyer, who focuses on employment-related liability and personal injury defense litigation. His practice is devoted to defending workers' compensation, nonsubscriber, other employer liability, premises liability, automobile and transportation accidents, other personal injury claims, and construction defect claims.
Work Experience
- Cowles & Thompson, P.C., Dallas, Texas -Associate from 1989 until 1995; Shareholder from 1996 to 2001; Represented insurance carriers in workers' compensation and other personal injury defense work.
- Hermes Sargent Bates, LLP, Dallas, Texas - Founding Partner 2001-2015; Represented insurance carriers in workers' compensation and other personal injury and construction defect defense work.
- Quintairos, Prieto, Wood & Boyer, P.A., Dallas office - Partner 2015 - Present; Represented insurance carriers in workers' compensation and other personal injury and construction defect defense work.
Representative Experience
- Defended and obtained a summary judgment securing the dismissal of inverse condemnation claims under the Fourth, Fifth and Fourteenth Amendments of the United States Constitution and state law private nuisance claims in federal court on behalf of a municipality pertaining to the construction of Dallas Cowboys Stadium and the traffic management plan for events. Enclave Arlington Associates Ltd. P'ship v. City of Arlington, Tex., 669 F. Supp. 2d 735 (N.D. Tex. 2009) aff'd sub nom. Enclave Arlington Associates Ltd. P'ship v. City of Arlington, Texas, 09-11202, 2010 WL 4608816 (5th Cir. Nov. 15, 2010).
- Within two months of being retained, stopped the garnishment efforts and obtained a favorable, confidential and complete resolution for a national insurance company in setting aside a $20,000,000 default judgment in El Paso County District Court arising from claimed bad faith denial of insurance benefits.
- The investigation and preparation which resulted in the Texas Department of Insurance - Division of Workers' Compensation finding that the claimant, a restaurant manager that suffered quadriplegic injuries from a motor vehicle accident when taking the restaurant's deposit to the bank, was not in the course and scope of employment, and a multiple million-dollar workers' compensation claim was averted.
- Defend non-subscriber employers before arbitration and Texas state district courts including obtaining summary judgments in favor for employers.
- Represented several general contractors and construction trades, including concrete contractors, HVAC contractors, steel fabricators, framers, painters, roofers, plumbers, fire suppression contractors, and landscapers in construction defect and other defense litigation.
- After another firm was not successful before the Texas Department of Insurance, Division of Workers' Compensation, 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 policy limits from a drunk driver's insurer.
- 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 Department of Insurance - Division of Workers' Compensation and eventual criminal prosecution.
- Successfully defended certified self-insured employer and workers' compensation carriers in a bad faith litigation resulting from denial of benefits.
- Tried workers' compensation claim of a national convenience store employee involving intoxication defense, resulting in a favorable jury verdict for the carrier.
- Served as expert witness for insurance carriers and third party administrator in workers' compensation bad faith litigation.
- Retained as expert witness for an attorney sued in legal malpractice claim arising from workers' compensation matters and provided the legal analysis resulting in dismissal of the legal malpractice lawsuit
Certifications
- Board Certified in Workers' Compensation Law by the Texas Board of Legal Specialization - since 2004, which was the first year of this particular board certification
Bar Admissions
- State Bar of Texas - 1989
- United States District Courts for the Northern, Eastern, Southern and Western Districts of Texas
- United States Court of Appeals for the Fifth Circuit
Education
- Bachelor of Arts Degree from Texas A&M University in 1986
- Juris Doctor Degree from Texas Tech University School of Law in 1989
- Board of Barristers Member
- Phi Delta Phi
- President, Student Bar Association
Awards & Recognitions
- Rated AV by Martindale-Hubbell
- Selected as a "Texas Super Lawyer" by Texas Monthly and Law & Politics Magazine, 2004 - 2007, 2016-2018
- Selected as a "Texas Super Lawyer" in Workers' Compensation Law in Super Lawyer Corporate Counsel Edition in 2008
- Board Certified in Workers' Compensation Law by the Texas Board of Legal Specialization - since 2004
- 2013 Top Rated Lawyers of Insurance Law and Personal Injury Defense Law by The American Lawyer & Corporate Counsel magazine
Publications & Presentations
- Presenter, "Texas Workers' Compensation Indemnity Benefits and Complex Medical Issues" to State Auto Insurance Company, Minneapolis, Minnesota (January 10, 2019)
- Presenter, "Ethical Communications for Adjusters" to Great West Casualty Company, South Sioux City, Nebraska (October 24, 2018)
- Presenter, "Workers' Compensation Across the Miles: A Three State Comparison" and "Construction Defect Implications as to Statute of Limitations Triggers and Statute of Repose" to Claims Fest, Quintairos, Prieto, Wood & Boyer, Orlando, Florida (September 21, 2018)
- Presenter, "First48 Hours of a Trucking Claim" to Mercury Insurance, Austin, Texas (June 12, 2018)
- Presenter, "Ethics for Adjusters" to AIG, Dallas, Texas (February 6, 2018)
- Presenter, "Ethical Considerations in Adjusters' Communications" to Corvel, Dallas, Texas (January 16, 2018)
- Presenter, "Adjuster Ethical Communications" to Gallagher Bassett, Carrollton, Texas (November 9, 2017)
- Presenter, "Adjuster Ethical Communications" to Anchor Claims Management, Dallas, Texas (October 6, 2017)
- Presenter, "Texas Workers' Compensation Law Update" to Great West Casualty Company, South Sioux City, Nebraska (September 25, 2017)
- Presenter, "Subrogation in WC: There are More Than Car Wrecks" to ESIS, Dallas, Texas (September 22, 2017)
- Presenter, "Adjuster Ethical Communications" to Crum & Forster, Richardson, Texas (July 27, 2017)
- Presenter, "Adjuster Ethical Communications" to ESIS, Dallas, Texas (July 12, 2017)
- Presenter, "Defenses in Workers' Compensation Claims," to Broadspire, Dallas, Texas (April 19, 2017)
- Presenter, "Texas Workers' Compensation Overview," to Great West Casualty Company, South Sioux City, NE (October 25, 2016)
- Presenter, "Medical Issues in Workers' Compensation Claims," to Berkley Specialty Underwriting Managers, Irving, Texas (July 21, 2016)
- Presenter, "Ethics for Adjusters" to AIG, Dallas, Texas (February 2, 2016)
- Presenter, "Legal Issues with Multiple Injuries" to Argonaut Insurance Company, Irving, Texas (January 26, 2016)
- Presenter, "Subrogation in Workers' Compensation" and "Advanced Subrogation" to CCMSI, Dallas, Texas (December 18, 2015)
- Presenter, "Subrogation in Workers' Compensation: There's More than Car Wrecks" to ESIS, Irving, Texas (November 13, 2015)
- Presenter, "Adjudication of Workers' Compensation Claims" to ESIS, Irving, Texas (September 15, 2015)
- Presenter, "Supplemental Income Benefits" to Gallagher Bassett Claims, Plano, Texas (June 5, 2014)
- Presenter, "Handling of Workers' Compensation Claims: Investigations, Defenses and Avoiding Bad Faith" to Sentry Insurance, Scottsdale, Arizona (June 2, 2014)
- Co-Author, "Texas Workers' Compensation Claims Handling Guidelines," Claims and Legal Resources, Claims & Litigation Management Alliance. February 2014. http://wiki.theclm.org/
- Presenter, "Medical Issues in Workers' Compensation Claims," to ESIS South Central Claims Center, Irving, Texas (March 28, 2014)
- Presenter, "Adjudicating Texas Workers' Compensation Claims," to Lorman Education Services, Workers' Compensation Update in Texas, Fort Worth, Texas (March 28, 2014)
- Presenter, "Defenses to Workers' Compensation Claims," to Berkley Specialty Underwriting Managers, LLC (Irving, TX) (January 30, 2014)
- Presenter, "Avoiding Bad Faith in Workers' Compensation Claims," to the Argo Group, Irving, Texas (January 14, 2014)
- Presenter, "Avoiding Bad Faith in Workers' Compensation Claims," to Crawford & Company (November 12, 2013)
- Presenter and author, New Protections Available to Nonsubscribers in Healthcare and Case Law Update, TXANS Annual Nonsubscriber Conference & Exhibit, Austin, Texas, (March 28, 2013)
- Presenter, Bad Faith Update, Great West Casualty Company, South Sioux City, Nebraska, (September 12, 2012)
- Presenter, "CE for Non-Subscriber," to Gallagher Bassett (Plano, TX) (June 7, 2012)
- Presenter, "Exclusive Remedy Provision," to Arkansas Self-Insurers Association (Hot Springs, Arkansas) (April 4, 2012).
- Presenter, "Texas Nonsubscriber Law," to LSG Sky Chef (Dallas) (March 19, 2012)
- Presenter, "Avoiding Bad Faith in Workers' Compensation Claims," to Berkley Specialty Underwriting Managers, LLC (Irving, TX) (September 16, 2011).
- Presenter, "Avoiding Bad Faith in Workers' Compensation Claims," to Gallagher Bassett (Houston) (March 18, 2010).
- Presenter, "Avoiding Bad Faith in Workers' Compensation Claims," to Broadspire (February 26, 2009).
- 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 2005 Employment Law Conference.
- 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).
- 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).
Memberships
- State Bar of Texas
- Dallas Bar Association
- Claims & Litigation Management Alliance
- Fellow, Texas Bar Foundation
Community Service
- As an active, adult leader in various capacities in Boy Scouts of America, he is the founding Crew Advisor for Venturing Crew 808 in Coppell, Texas (2014 to 2018), was the Troop Committee Chair for Boy Scout Troop 840 (2009-2013), which is one of the largest troops in Circle Ten Council, and is an Unit Commissioner (2012 to 2016) and Wood Badge staffer coaching other adult leaders in providing quality Scouting programs to their units.
- Chair of the Council Advancement Committee and Council Executive Committee Member, Circle Ten Council, Boy Scouts of America (2017 to present)
- Chair of the Advancement and Recognition Committee for Five Trails District (Coppell and Irving) (2013 to 2016)
- Vice-Chair for Boy Scout Issues, Council Advancement Committee, Circle Ten Council, Dallas, Texas (2015-2016)
- Member, Eagle, Summit, Quartermaster Issues Task Force, National Advancement Team, Boy Scouts of America (2013 to present)
- Trained Disaster Early Responder for the United Methodist Committee on Relief and regularly volunteers to rebuild houses with United Methodist Committee on Relief
Personal
David was born in Houston, Texas on July 28, 1964. He enjoys woodworking, camping, hiking, and spending time with his wife and children.
