Texas Silica Plaintiff Challenges 'Arbitrary' B-Read Requirement

HOUSTON - A Texas silica plaintiff who mounted a constitutional challenge to the state's medical criteria law has focused his attack on a b-read requirement, which he says he cannot meet even though doctors have established that his level of impairment indicates that he suffers from a silica-related injury. Olivas v. Oglebay Norton Industrial Sands Inc., et al., No. 2000-00200 (Texas Dist. Ct., Harris Cty.).

In an April 5 supplemental brief filed in Harris County District Court, Pilar Olivas contends that Chapter 90.004 of the Texas Civil Practice and Remedies Code should be suspended because it violates his constitutional right …