Downs v. Cont'l Cas. Co

In Downs v. Cont'l Cas. Co., 32 S.W.3d 260, 261 (Tex. App.--San Antonio 2000), the supreme court omitted language demonstrating an intent for a prospective application of its holding. The court was clearly aware of the significance of its decision when it issued Downs, yet it consciously omitted language limiting its application to future cases. See 81 S.W.3d at 812 (Jefferson, J., dissenting) ("The Court unjustifiably dispenses with the statute's plain language and enacts a forfeiture provision that the Legislature never promulgated. In doing so, it alters a fundamental aspect of the Workers' Compensation system that has been applied consistently for more than a decade. We cannot know today the particular repercussions the Court's decision will unleash . . ."). In Downs, the supreme court did not exercise its discretion to modify the general rule that its decisions apply retrospectively.