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Darryl J. Silvera

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Darryl J. Silvera

Partner
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Darryl J. Silvera was born in West Palm Beach, Florida in 1963. He 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 was a teaching assistant for legal research and writing, and a research assistant. 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. While on the Law Journal he had both a note and comment published. 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. In March 2001, Darryl founded Silvera & Associates, P.C. The firm changed its name to The Silvera Firm in 2002, and in 2023 merged with Deary Ray LLP to become Silvera Deary Ray.

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 workers' compensation law.

Darryl is licensed to practice before all Texas State, Federal and Appellate courts. He is a member of the American, Texas, and Dallas Bar Associations, the Texas Association of Defense Counsel. Darryl has also received an AV® Peer Review rating from LexisNexis® Martindale-Hubbell®. The AV® rating is the preeminent rating, achievable only after admission to the bar for at least ten years, indicating the highest level of legal ability and ethics.

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Awards and Recognition

Martindale-Hubbell® AV® Peer Review rating, LexisNexis®

Professional Memberships

American Bar Association

Texas State Bar

Tarrant County Bar Association 

Dallas Bar Association

Publications and Speeches

Published Court Opinions

 

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)

Noyola v. Oasis Carwash, Inc. 220 F. Supp. 2d G38 (U.S. District E.D. Texas 2002)

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)

In re R & R Personnel Specialists of Tyler, Texas, 146 S.W. 3d 699 (Tex. App. – Tyler 2004, no writ)

Trinity Universal Ins. Co. v. Berryhill, 2004 Tex. App. LEXIS 3228 (Tex. App. – Houston 14th Dist. 2004)

Bliss v NRG Industries,  162 S.W. 3d 434 (Tex. 2005) (Silvera Firm); Hodges v. Mack Trucks, Inc., 474 F.. 3d 188 (5th Cir. 2006)

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)

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)

In re Hospitality Employment Group LLC, Prestonwood Country Club and Prestonwood Creek, 234 S.W. 3d 832 (Tex. App. – Dallas 2007) (Silvera Firm)

In re Golden Peanut Co., LLC., 269 S.W. 3d 302 (Tex. 2008) (handled by Silvera Firm)

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)

In re Golden Peanut Co., LLC., 298 S.W. 3d 629 (Tex. 2009) (handled by Silvera Firm)

Hodges v. Indiana Mills and ABF Freight Systems, Inc. et al, No. 10-41152 (U.S. 5th Cir. 2011)

King v. Zurich Am. Ins. Co., No. 02-10-001001-CV (Tex. App. – Fort Worth, 2011)

Cont’l Cas. Ins. Co. v Lavender, 2011 Tex. App. LEXIS 4431 (Tex. App. – Fort Worth, 2011, pet. Denied)

Cook v. Mountain, 2012 Tex. App. LEXIS 322 (Tex. App. – Fort Worth, 2012, pet. Denied)

Ace Fire Underwriters Ins. Co. v Simpkins, 380 S.W.3d 291 (Tex. App. – Fort Worth, 2012, no pet.)

Stewart v. Am. Van Lines, 2014 U.S. Dist. LEXIS 7520 (E.D. Tex. Jan. 21, 2014)

Stewart v. Am. Van Lines, 2014 U.S. Dist. LEXIS 19190 (E.D. Tex. Feb. 14, 2014)

Stewart v. Am. Van Lines, 2014 U.S. Dist. LEXIS 194911 (E.D. Tex. Apr. 4, 2014)

Stewart v. Am. Van Lines, 2014 U.S. Dist. LEXIS 194913 (E.D. Tex. Apr. 4, 2014)

Bishop v. Children's Med. Ctr. of Dallas, 2014 Tex. App. LEXIS 6901, 2014 WL 2921620 (Tex. App. Dallas June 25, 2014)

New Hampshire Ins. Co. v. Castillo-Garcia, 2015 U.S. Dist. LEXIS 184167 (S.D. Tex. Mar. 19, 2015)

Rodriguez v. Xerox Bus. Servs., LLC, 2016 U.S. Dist. LEXIS 186613 (W.D. Tex. June 16, 2016)

Griffin v. Am. Zurich Ins. Co., 2016 Tex. App. LEXIS 7913 (Tex. App. Dallas July 26, 2016)

New Hampshire Ins. Co. v. Dominguez, 661 Fed. Appx. 267, 2016 U.S. App. LEXIS 17053, 2016 WL 5030333 (5th Cir. Tex. Sept. 19, 2016)

W. Hills Harbor Owners Ass'n v. Baker, 516 S.W.3d 215, 2017 Tex. App. LEXIS 2422, 2017 WL 1075681 (Tex. App. El Paso Mar. 22, 2017)

Additional Publications & Speeches

 

Author, 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

Author, “Defending Claims Under the New Act,” PESI, Fall, 1991

Author,  “Defending and Adjudicating Workers’ Comp Claims in Texas,” PESI, 1992

Author,“Protecting Insurance Carriers Against Administrative Violations in Texas,” PESI, 1992

Author,,“Defending Workers’ Comp Claims in Texas, Injuries in the Workplace,” NBI Law Review Series, 1993

 Author, “Avoiding Administrative Violations Under the Texas Workers’ Comp. Act,” PESI, 1993

Author, “Administrative Violations and the Texas Workers’ Comp. Act,” NBI, Fall, 1993

Author, “Independent Contractor and Employee Distinctions, State by State Legal Guide,” Ch. 43 (Texas Law), Wiley, 1993

Author, Texas Labor and Employment Law, NBI Law Review Series, Fall, 1994

Author, “Injuries in the Workplace,” NBI, Law Review Series, Fall, 1995

Author, “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, §12, Matthew Bender, 1990

Author, “Adjusting and Defending Workers’  Compensation Claims in Texas: Carriers’ and Employers’ Perspective,” NBI Law Review Series 1998

 Author, “Avoiding Administrative Violation in Texas,” Lorman, Fall 1999

 Author, “Texas Workers’ Compensation New Rules and Litigation,” Workers’ Comp Publications, February 2000

Author, “Litigating a Workers’ Compensation Case in Civil Court,” Lorman, Fall 2000

Author, “Texas Return to Work Issues in Workers’ Compensation,” Lorman, Spring 2001

Author, “Litigating A Workers’ Compensation Case in Court: Successful Carrier Strategies,” Texas Workers’ Compensation and Employment Law Litigation, Workers’ Comp Publications, March 2001

Author, “Litigation Techniques for the Difficult Workers’ Compensation Case,” NBI Law Review Series, 2001

Author, “Texas Workers’ Compensation and Employment Law Litigation,” Spring 2001

Author, “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

Author, “Injuries in the Workplace - Examining the Workers’ Compensation Process,” Texas Labor and Employment Law, NBI, September 2002

 Author, “The Fundamentals of Workers’ Comp in Texas,” Institute for International Research, October 2002

Author, “Workers’ Compensation in Texas,” Lorman, November 2002

 Author, “Litigating Workers’ Compensation Cases in Court”, February 2003

Author, “Advanced Workers’ Compensation in Texas,” Lorman, April 2003

Author, “Workers’ Compensation  in Texas in 2003 - Is It a New Era?” Lorman, November 2003

Author, “Defending Workers’ Compensation Claims in Texas, Is It a New Era?,”Lorman, April 2004

Author,“Appeals Panel and Judicial Review” for Advanced Workers’ Compensation Course, State Bar of Texas, October 2004

Author, “Defending Workers’ Compensation Claims in Texas,” Lorman, November 2004

Author, “Innovative Strategies to Control Workers’ Comp Costs and Protect Your Bottom Line”, Council on Education in Management March 2005

Author, “Workers’ Compensation Statute – Legislative Changes”, The Silvera Firm, August 2005

Author, “Judicial Review and Trial Practice Under TDI and the New Division of Workers’ Compensation,” Texas State Bar, September 2005

Author, “An Adjuster’s Practical Guide to Workers’ Compensation in Texas,” The Silvera Firm, January 2006

Author, “Defending Workers’ Compensation Claims in Texas Under TDI and the New Division of Workers’ Compensation,” Lorman, February 2006

Author, “Judicial Review and Trial Practice Under TDI and the New Division of Workers’ Compensation,” Texas State Bar, August 2006

Author,“Judicial Review and Trial Practice Litigating Workers’ Compensation Cases in Real Court,” Texas State Bar, August 2007

 Author, “Appealing Workers’ Compensation Decisions in District Court: Tips for Enhancing Your Chances of Success,” Texas Workers’ Comp Forum, September 2007

Author, “Workers’ Compensation Claims in Texas – Overview of the Law and Defending Claims, Strategies for Success!”, Lorman, February 2008

 Author,“Judicial Review and Trial Practice Pre-Trial Issues: What to Consider and How to Respond in District Court,” Texas State Bar, August 2008

Author, “Workers’ Compensation - Directing, Crossing and Challenging Experts”, Texas State Bar, August 2009

 Author, “The Ongoing Battle Over Causation & Extent: Extent of Injury – Are Injuries Still Migrating?”, Texas State Bar, August 2010

Author, “Judicial Review and Trial Practice Court House Issues:  What to Consider and How to Respond in District Court,” Texas State Bar, August 2012

 Author, Texas Non-Subscriber Case Law Update, TXANS, May 2014

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