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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Kingsaire, Inc., Dba Kings Aire, Inc. v. Jorge Melendez

Appellant Kingsaire, Inc. appeals a jury verdict in favor of its former employee, Jorge Melendez, in a worker's compensation retaliation and breach of contract suit. Melendez was injured and filed a worker's compensation claim, but was subsequently placed on FMLA leave and terminated by Kings Aire. Kings Aire argued its actions were due to a uniformly enforced absence control policy, but Melendez countered that the termination was retaliatory and in violation of the policy's grace period. The appellate court affirmed the jury's verdict, finding sufficient evidence of retaliatory intent and that Kings Aire did not uniformly apply its absence control policy.

Worker's CompensationRetaliationWrongful TerminationBreach of ContractFMLAAbsence Control PolicyDamages AwardJury VerdictLegal SufficiencyFactual Sufficiency
References
29
Case No. MISSING
Regular Panel Decision

Fenley v. Mrs. Baird's Bakeries, Inc.

Kenneth C. Fenley, Sr. appealed the trial court's granting of Mrs. Baird’s Bakeries, Inc.'s Motion for Summary Judgment in a suit alleging wrongful discharge for filing a workers' compensation claim under Tex. Lab. Code Ann. § 451.001(1). Fenley argued the trial court erred and that Mrs. Baird's absence control policy had a disparate impact. The appellate court affirmed the summary judgment, concluding that Mrs. Baird's had established a neutrally applied absence-control policy as the reason for termination. Fenley failed to produce controverting evidence of a retaliatory motive or demonstrate that the policy violated the statute or caused a disparate impact.

Workers' CompensationRetaliatory DischargeSummary JudgmentEmployment LawDisparate ImpactAbsence Control PolicyTexas Labor CodeCausationCircumstantial EvidenceAppellate Review
References
30
Case No. 13-05-055-CV
Regular Panel Decision
May 11, 2006

Scott Cerre v. Odfjell Terminals (Houston) LP

Scott Cerre, an employee of Odfjell Terminals (Houston) LP, was injured on the job and subsequently filed a workers' compensation claim. He was later terminated under Odfjell's absence-control policy after taking a six-month leave of absence. Cerre sued Odfjell, alleging retaliatory discharge and discrimination in violation of chapter 451 of the Texas Labor Code. The trial court granted summary judgment in favor of Odfjell. On appeal, Cerre contended that the trial court erred in granting summary judgment on both his discrimination and retaliatory discharge claims. The Court of Appeals affirmed the trial court's judgment, finding that Odfjell successfully negated elements of the discrimination claim and that Cerre's termination was due to a uniformly enforced absence-control policy, not retaliation.

Retaliatory DischargeDiscrimination ClaimHostile Work EnvironmentSummary Judgment AffirmationTexas Labor Code Chapter 451Absence Control PolicyEmployment TerminationAppellate ReviewCausal ConnectionHarassment
References
18
Case No. MISSING
Regular Panel Decision

Claim of Chirino v. Sanitary Controls, Inc.

This case concerns appeals from Workers’ Compensation Board decisions that upheld the State Insurance Fund's cancellation of a workers’ compensation policy for Sanitary Controls, Inc. due to nonpayment. The Fund sent a cancellation notice on November 23, 1976, effective December 11, 1976. Sanitary received it eight days before the effective date. Concurrently, Sanitary filed for bankruptcy, and a court order stayed proceedings against it but did not explicitly stop the policy cancellation. The appeals court affirmed the Board’s decision, holding that service of cancellation is effective upon mailing, not receipt, as per Workers’ Compensation Law § 54, subd 5, and that the bankruptcy filing did not negate Sanitary’s insurance obligations.

Policy CancellationNonpayment of PremiumBankruptcy LawService of NoticeInsurance LiabilityAppellate ProcedureStatutory InterpretationEmployer ObligationsInsurer ObligationsBoard Decisions
References
4
Case No. MISSING
Regular Panel Decision

Larsen v. Santa Fe Independent School District

Erik Larsen, an at-will police officer for Santa Fe Independent School District, was injured in a work-related training exercise and filed a workers' compensation claim. He was subsequently terminated due to exhausting all available leave and inability to return to work, prompting him to sue the District for retaliatory discharge under the Texas Labor Code. The District argued that Larsen failed to exhaust administrative remedies and that his termination was a neutral application of its absence control policy. The court found that Larsen was not required to exhaust administrative remedies as Chapter 451 of the Texas Labor Code does not impose such a requirement, nor do other applicable education statutes for at-will employees. However, the court affirmed the summary judgment in favor of the District, concluding that Larsen failed to demonstrate that the absence control policy was applied disparately to similarly situated employees.

Retaliatory DischargeWorkers' Compensation ClaimAt-Will EmploymentAdministrative RemediesExhaustion DoctrineSubject Matter JurisdictionSummary JudgmentAbsence Control PolicyTexas Labor CodeSchool District Employee
References
53
Case No. MISSING
Regular Panel Decision

Anderson v. Standard Register Co.

This retaliatory discharge case revolves around Ms. Anderson, an employee who was terminated by her employer, Standard, due to a facially neutral absence control policy after sustaining a work-related injury and being absent for over 26 weeks. Ms. Anderson subsequently filed a lawsuit, alleging that her discharge was in retaliation for asserting a workers' compensation claim. Both the trial court and the Court of Appeals granted summary judgment in favor of the employer, finding no direct evidence of retaliatory intent and upholding the neutral absence policy. The Tennessee Supreme Court affirmed these judgments, concluding that the employer's policy did not constitute a 'device' to circumvent workers' compensation obligations and that the plaintiff failed to establish a causal link between her claim and her termination.

Retaliatory dischargeAbsence control policyWorkers' compensation claimSummary judgmentCausal relationshipEmployment-at-willPublic policy exceptionSubstantial factor testNeutral policyDisability benefits
References
14
Case No. 04-14-00451-CV
Regular Panel Decision
Nov 26, 2014

Wheelabrator Air Pollution Control, Inc. v. City of Public Service Board of San Antonio, a Municipal Board of the City of San Antonio

Wheelabrator Air Pollution Control, Inc. appealed an order granting a plea to the jurisdiction on its attorney's fees claim in a breach of contract suit against the City of San Antonio acting through the City Public Service Board (CPS). The Fourth Court of Appeals in San Antonio, Texas, affirmed the trial court's decision. The court determined that Chapter 271 of the Texas Local Government Code, as applicable to the 2004 contract, did not waive governmental immunity for attorney's fees. Furthermore, the court rejected arguments that CPS waived immunity by seeking affirmative relief or engaging in a proprietary function. The appellate court concluded that the trial court properly granted the plea to the jurisdiction due to the absence of a clear and unambiguous waiver of immunity for attorney's fees.

Governmental ImmunityAttorney's FeesBreach of ContractPlea to JurisdictionTexas Local Government CodeChapter 271Waiver of ImmunityProprietary FunctionSubject Matter JurisdictionAppellate Review
References
20
Case No. MISSING
Regular Panel Decision

Alonso v. Stanley Works, Inc.

Antonio Alonso sued his employer, The Stanley Works, Inc., alleging retaliatory discharge after his employment was terminated while on medical leave for a work-related injury, claiming it was due to his workers' compensation claim. Stanley Works moved for summary judgment, asserting Alonso was terminated under a uniformly enforced six-month leave of absence policy. The trial court granted summary judgment, finding Alonso failed to provide evidence that his termination would not have occurred but for his workers' compensation claim. The appellate court affirmed the trial court's judgment, concluding that the uniform enforcement of a reasonable absence-control policy does not constitute retaliatory discharge under the Texas Labor Code.

Retaliatory DischargeWorkers' CompensationSummary JudgmentLeave of Absence PolicyUniform EnforcementTexas Labor CodeEmployment TerminationAbsence Control PolicyAppellate ReviewWorkplace Injury
References
4
Case No. MISSING
Regular Panel Decision

Palmer v. Miller Brewing Co.

Truman Palmer, an employee of Miller Brewing Company, was discharged under a "Final Notice Procedure" due to a high absence rate. Palmer sued Miller, alleging retaliatory discharge, claiming his absences were related to a job-related back injury and subsequent worker's compensation claim. He also claimed breach of good faith and fair dealing. The trial court granted a partial summary judgment in favor of Miller on the good faith claim and a take-nothing judgment on the retaliatory discharge, concluding Palmer was terminated solely for excessive absences, unrelated to his worker's compensation claim. The appellate court affirmed both rulings, holding that an absence control policy that does not excuse compensation-related absences does not inherently violate the retaliatory discharge statute (Tex.Rev.Civ.Stat.Ann. art. 8307c) and that employers do not have an implied duty of good faith and fair dealing in at-will employment relationships.

Retaliatory DischargeWorkers' CompensationAbsence Control PolicyAt-Will EmploymentGood Faith and Fair DealingSummary JudgmentAppellate DecisionEmployment TerminationEvidentiary RulingsCausal Connection
References
24
Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
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