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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 15-25-00134-CV
Regular Panel Decision
Jul 30, 2025

Texas Association of School Boards Risk Management Fund // Southwest Texas Junior College v. Southwest Texas Junior College // Cross-Appellee, Texas Association of School Boards Risk Management Fund

This case involves an intergovernmental contract dispute between the Texas Association of School Boards Risk Management Fund (Appellant) and Southwest Texas Junior College (Appellee). The College is seeking replacement cost value benefits under a self-insurance contract for property damage allegedly sustained during an April 2021 hailstorm. The College claims a waiver of the Fund’s governmental immunity under TEX. LOC. GOV’T CODE § 271.152, asserting equitable theories of waiver and unconscionability, and intentional torts of fraud and bad faith to expand coverage beyond the express terms of the agreement. The Fund argued that its governmental immunity had not been waived for these claims and damages, emphasizing that statutory waivers are to be narrowly construed. The trial court partially granted the Fund's jurisdictional plea, dismissing claims for exemplary, consequential, or treble damages, but denied the plea regarding the College's equitable and intentional tort theories, viewing them as defensive in nature. The Fund appeals this partial denial, arguing that the Act's narrow immunity waiver does not extend to these theories which attempt to create coverage where none explicitly exists in the written contract.

Governmental ImmunityContract DisputeSelf-Insurance PoolRisk ManagementEquitable DoctrinesIntentional TortsWaiverUnconscionabilityTexas LawAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

Hill v. Texas Council Risk Management Fund

Moneta Lynn Hill brought suit against her governmental employer’s self-insurance fund, Texas Council Risk Management Fund (the Fund), seeking uninsured/underinsured motorist (UM/UIM) benefits after sustaining injuries in a work-related motor vehicle accident. Hill argued that UM/UIM coverage should be presumed due to the Fund's failure to reject it in writing, as mandated by the Texas Insurance Code. The Fund countered that the Insurance Code does not apply to self-insurance funds established by governmental units. The trial court granted summary judgment in favor of the Fund, and the appellate court affirmed, holding that Article 715c of the Texas Revised Civil Statutes exempts governmental self-insurers from the Insurance Code's provisions. The court also deemed Hill's claims for subrogation offset and attorney's fees as moot and not ripe, respectively.

Self-insuranceGovernmental unitsUninsured/Underinsured Motorist (UM/UIM)Texas Insurance CodeSummary Judgment AppealStatutory InterpretationWorkers' CompensationInterlocal Cooperation ActAppellate Court DecisionRisk Management Fund
References
21
Case No. 04-25-00316-CV
Regular Panel Decision

Texas Association of School Boards Risk Management Fund v. Southwest Texas Junior College

This case involves an intergovernmental contract dispute between the Texas Association of School Boards Risk Management Fund (appellant) and Southwest Texas Junior College (appellee). The College seeks additional self-insurance benefits for hailstorm property damage, alleging a waiver of the Fund's governmental immunity under TEX. LOC. GOV’T CODE § 271.152. The College aims to equitably modify the contract and recover consequential damages. The Fund argues that the Act provides only a narrow immunity waiver, limited to enforcing express contract terms and excluding consequential damages or non-specified equitable relief. The trial court denied the Fund's plea to the jurisdiction and granted the College's motion for summary judgment, prompting this appeal, where the Fund seeks reversal of these orders.

Governmental ImmunityWaiver of ImmunityIntergovernmental ContractSelf-Insurance FundProperty Damage ClaimHailstorm DamageBreach of ContractEquitable ReliefConsequential DamagesStatutory Interpretation
References
40
Case No. 03-06-00480-CV
Regular Panel Decision
May 18, 2007

Texas Council Risk Management Fund, as Subrogee for Michael Stary v. Evelyn Caswell and Allstate Insurance Companies

The Texas Council Risk Management Fund appealed a judgment that it take nothing on its subrogation claim against Evelyn Caswell. The trial court had found the Fund's claim barred by a pre-trial release signed by Michael Stary, the Fund's insured, reasoning that as a subrogee, the Fund stepped into Stary's shoes and was subject to available defenses. The Court of Appeals reversed, holding that a settlement between an insured and a third-party tortfeasor after the insurer has paid a claim does not extinguish the insurer's subrogation rights. However, the court ruled that the awarded damages must be reduced by the amount Allstate Insurance Companies had already paid to the Fund. The court rendered judgment for the Fund against Caswell in the amount of $10,116.00 and remanded the case for a ruling on pre- and post-judgment interest.

Subrogation ClaimWorkers' CompensationInsurance LawThird-Party TortfeasorSettlement AgreementRelease of ClaimsMotor Vehicle AccidentAppellate ReviewDamages AwardElection of Remedies
References
12
Case No. 3-93-672-CV
Regular Panel Decision
Oct 12, 1994

Employers Casualty Company Focus Healthcare Management, Inc. Genesys Cost Management Systems, Inc. Corporate Systems, Ltd. Employers National Risk Management Services, Inc. And Havis Wayne Dortch v. Texas Association of School Boards Workers' Compensation Self Insurance Fund El Paso I.S.D. Irving I.S.D. Hico I.S.D. And Aransas Pass I.S.D.

This is an interlocutory appeal from a district court order granting class certification. The Texas Association of School Boards Workers' Compensation Self-Insurance Fund and several independent school districts (appellees) sued Employers Casualty Company and other entities (appellants) alleging misrepresentation and breach-of-contract related to workers' compensation benefits and medical cost containment services. Appellants raised seven points of error regarding standing, the certification hearing, and the requirements of Texas Rule of Civil Procedure 42. The Court of Appeals affirmed the district court's order, finding that the Fund had standing, the class certification hearing was proper, and the class satisfied the prerequisites and maintenance criteria of Rule 42, particularly under Rule 42(b)(4) for predominance and superiority of common issues.

Class ActionClass CertificationInterlocutory AppealStandingNumerosityCommonalityTypicalityRepresentativenessRule 42Predominance
References
22
Case No. MISSING
Regular Panel Decision

Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension & Welfare Funds v. Allied Design & Construction, LLC

Petitioners, Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds, initiated an action to confirm an arbitration award against Allied Design & Construction, LLC. Allied, bound by a collective bargaining agreement, failed to undergo a payroll audit, leading the Funds to estimate a substantial deficiency in contributions. An arbitrator subsequently awarded the Funds $239,901.47, covering the estimated deficiency, interest, liquidated damages, and various fees. The Funds then sought to have this award confirmed by the District Court and requested additional attorneys' fees and costs incurred during the confirmation process. The District Court granted the petitioners' motions, confirming the arbitration award and ordering Allied to pay an additional $737.50 in attorneys' fees and costs.

Arbitration ConfirmationCollective BargainingDelinquent ContributionsAttorney Fees AwardCourt CostsLabor Management Relations ActFederal Arbitration ActSummary Judgment StandardLodestar CalculationUnion Welfare Funds
References
39
Case No. 2016 NY Slip Op 06428
Regular Panel Decision
Oct 04, 2016

Commissioners of the State Insurance Fund v. NY Minute Management Corp.

This case concerned an action for nonpayment of workers' compensation premiums brought by the Commissioners of the State Insurance Fund against NY Minute Management Corp. The Supreme Court initially granted summary judgment dismissing the complaint. However, the plaintiff's motion to renew was granted, leading to the vacation of the prior order, dismissal of claims pertaining to drivers' premiums, and restoration of remaining claims for non-drivers' premiums to mediation. The Appellate Division, First Department, affirmed the lower court's decision to grant renewal, citing appropriate judicial discretion in the interest of justice. It also found the defendants' argument regarding "new legal theories" to be unavailing.

Workers' CompensationPremium ClaimsSummary JudgmentMotion to RenewIndependent ContractorsInsurance PolicyAppellate ReviewJudicial DiscretionInterest of JusticeAffirmance
References
1
Case No. MISSING
Regular Panel Decision

Refined Sugars, Inc. v. Local 807 Labor-Management Pension Fund

This case involves Refined Sugars, Inc. (RSI) challenging a withdrawal liability claim brought by the Local 807 Labor-Management Pension Fund and its Board of Trustees under ERISA and MPPAA. RSI filed for a declaratory judgment, arguing it was not an 'employer' subject to such liability. The court analyzed the definition of 'employer' under ERISA Title IV and Title I, concluding that RSI did not meet the criteria, particularly regarding common control with the direct employer, Francrete Corporation. Additionally, the court rejected the application of common law criteria and the joint employer theory. Consequently, RSI's motion for summary judgment was granted, and the defendants' cross-motion was denied, finding RSI not liable for withdrawal contributions.

ERISAMPPAAWithdrawal LiabilityMulti-employer Pension PlanSummary JudgmentEmployer DefinitionCommon ControlIndependent ContractorJoint EmployerPension Fund
References
10
Case No. 14-08-00116-CV
Regular Panel Decision
Sep 22, 2008

in Re TCW Global Project Fund II, Ltd., TCW Asset Management Company, and Trust Company of the West

This case involves a petition for writ of mandamus filed by TCW Global Project Fund II, Ltd., TCW Asset Management Company, and Trust Company of the West (Relators) against British American Offshore Limited (BAOL). Relators sought to compel the district court judge to vacate an order denying their motion to dismiss, which was based on a forum-selection clause. The underlying dispute involved BAOL's tort claims against Relators, who were not signatories to the original rig contracts but sought to enforce the clause. The appellate court denied the petition, ruling that the Relators had waived their argument regarding the scope of the forum-selection clause by failing to adequately present it in their initial petition.

MandamusForum Selection ClauseWaiverAppellate ProcedureTexas LawTort ClaimsMotion to DismissReal Party in InterestContract DisputeJurisdiction
References
19
Case No. 11-06-00187-CV
Regular Panel Decision
Aug 21, 2008

Law Offices of Miller & Bicklein v. Deep East Texas Self-Insurance Fund and Risk Management Services

The Law Offices of Miller & Bicklein sued Deep East Texas Self-Insurance Fund and Risk Management Services over attorney's fees under Tex. Lab. Code Ann. § 417.003, along with claims for unfair insurance practices and Deceptive Trade Practices-Consumer Protection Act violations. The trial court awarded Miller & Bicklein a partial amount for attorney's fees under Section 417.003 but granted summary judgment against them on the other claims. Miller & Bicklein appealed, arguing error in the summary judgment and refusal to award additional attorney's fees. The Eleventh Court of Appeals affirmed the trial court's orders, finding no error in the summary judgment regarding DTPA and insurance practices claims, and no abuse of discretion in denying additional attorney's fees under the Declaratory Judgments Act.

Workers' CompensationAttorney's FeesSummary JudgmentDTPAUnfair Insurance PracticesDeclaratory Judgments ActAppellate ReviewSubrogation InterestLegal EthicsTexas Jurisprudence
References
24
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