John Gibson, a Lubbock, Texas workers’ compensation attorney, filed suit against the Texas Department of Insurance, Division of Workers’ Compensation (DWC), on February 21, 2011. Mr. Gibson is seeking a declaratory judgment, permitting him to continue the publication of his blog, dedicated to Texas workers’ compensation law. DWC had sent Mr. Gibson a cease-and-desist letter on February 7, 2011, that cited the Texas Labor Code in requesting him to stop the use of the words “Texas” along with either “Workers’ Compensation” or “Workers’ Comp.”
Mr. Gibson’s petition, available through his website, points out that DWC’s reading of the Texas Labor Code would prohibit virtually any use of these terms by doctors, lawyers, politicians, or other professionals. Among other rationales, Mr. Gibson’s petition states that the statute is unconstitutional under the First Amendment.