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

Case No. 24-0005
Regular Panel Decision
May 09, 2025

Red Bluff, LLC v. Nicole Tarpley

The Supreme Court of Texas addressed the interpretation of "actual knowledge" under Texas Rule of Civil Procedure 306a(4) regarding deadlines for post-judgment motions. Petitioner Red Bluff, LLC, argued for a deadline extension, asserting that its counsel did not have actual knowledge of a judgment until March 14, despite the clerk sending an email notice on February 8. The trial court and court of appeals denied the extension, equating receipt of the email with actual knowledge. The Supreme Court reversed, clarifying that "actual knowledge" requires subjective awareness and is distinct from constructive knowledge. Since the clerk did not provide notice by the required first-class mail, and counsel's sworn statement of lack of awareness was uncontradicted, Red Bluff was entitled to the extension. The case was remanded for consideration of Red Bluff's post-judgment motions.

Actual KnowledgeConstructive KnowledgePost-judgment MotionsDeadline ExtensionRule 306aNotice of JudgmentCivil ProcedureAppellate JurisdictionPlenary JurisdictionElectronic Notice
References
16
Case No. 04-22-00453-CV
Regular Panel Decision
Oct 04, 2023

City of Laredo v. Fausto Torres

The City of Laredo appealed the trial court's denial of its plea to the jurisdiction in a case brought by Fausto Torres. Torres sued the City after a light pole fell on him, claiming negligence and gross negligence. The City argued the trial court lacked jurisdiction because Torres allegedly failed to comply with notice of claim requirements, the City did not own the property, and it lacked actual knowledge of the premises defect. The Fourth Court of Appeals determined that the light pole incident did not constitute a 'special defect' and therefore applied the 'premises defect' standard, which requires proof of the City's actual knowledge of the dangerous condition. Finding no evidence that the City had actual knowledge of the light pole's dangerous condition prior to the accident, the appellate court concluded that the trial court erred in denying the City's plea to the jurisdiction. Consequently, the court reversed the trial court's order, rendered judgment granting the City's plea to the jurisdiction, and dismissed the case for lack of jurisdiction.

Plea to the jurisdictionGovernmental immunityActual knowledgePremises defectSpecial defectTexas Tort Claims ActNotice of claimWorker's compensationLamp post fallNegligence
References
21
Case No. 06-01-00097-CV
Regular Panel Decision
Jun 27, 2002

Ramon Reyes v. Storage & Processors, Inc. and Leonel Guerrero

Ramon Reyes, a forklift operator, sued his employer Storage & Processors, Inc. (S&P) and co-worker Leonel Guerrero for negligence after suffering a workplace injury. S&P, a non-subscriber to the Texas Workers' Compensation Act, offered an employee benefit plan which Reyes signed, purporting to waive common-law claims. The trial court granted summary judgment for S&P and Guerrero, citing waiver, ratification, and estoppel. On appeal, the Court of Appeals for the Sixth Appellate District of Texas at Texarkana held that the benefit plan, which sought to relieve the employer of liability for its own negligence, was subject to fair notice requirements (conspicuousness and express negligence doctrine). Given S&P's concession that the plan failed the conspicuousness requirement, the agreement was unenforceable unless Reyes had actual knowledge. The appellate court found a fact issue regarding Reyes' actual knowledge, making summary judgment on waiver improper. Furthermore, the court determined that ratification or estoppel would also require Reyes to have full knowledge of his common-law rights, which the defendants failed to conclusively prove for summary judgment. Consequently, the appellate court reversed the summary judgment and remanded the case for trial.

Workplace InjuryNegligenceSummary JudgmentWaiver of ClaimsRatificationEstoppelFair Notice RequirementsConspicuousnessExpress Negligence DoctrineCommon Law Claims
References
25
Case No. ADJ6937263
Regular
Sep 09, 2014

PAUL ESCUDERO vs. CISCO SYSTEMS, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Cisco Systems' petition for reconsideration, upholding the finding that the applicant's claim was not barred by the statute of limitations. The Board adopted the WCJ's reasoning that Cisco failed to prove the applicant had actual knowledge of his workers' compensation rights. Specifically, the employer did not provide legally required notices, and the applicant's vague consultation with a civil attorney did not constitute sufficient actual knowledge to start the statute of limitations. The Board also noted that actual knowledge cannot be imputed solely by an employee's representation by counsel.

Statute of limitationsTollingActual knowledgeWorkers' compensation rightsEmployer noticeCivil attorneyImputed knowledgePetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative law judge
References
8
Case No. MISSING
Regular Panel Decision

Claim of Coffey v. Shop-Rite Supermarkets North

On December 20, 2004, a claimant sustained a hip injury after slipping and falling at work. Although Workers' Compensation Law § 18 requires written notice within 30 days, the claimant filed her report approximately four months later. The Workers’ Compensation Board excused this delay, finding that the employer had actual knowledge of the accident because a coworker witnessed it and informed the assistant manager, who then aided the claimant. Furthermore, the claimant discussed her injury with the employer's manager in January 2005. The appellate court affirmed the Board's decision, ruling that actual knowledge on the part of the employer negates the requirement for timely written notice.

Workers CompensationHip InjurySlip and FallNotice RequirementActual KnowledgeEmployer LiabilityAppellate ReviewBoard DecisionTimely NoticeExcused Notice
References
2
Case No. MISSING
Regular Panel Decision

Horowitz v. New York City School Construction Authority

Petitioner Elizabeth Horowitz was injured in May 1995 at a construction site in Brooklyn. Initially, she served notices of claim on the City of New York and the New York City Board of Education, unaware of the New York City School Construction Authority's (SCA) involvement. She learned of SCA's role in March 1996 and subsequently sought leave to serve a late notice of claim. The petitioner argued that SCA had actual knowledge due to its involvement in the construction and its failure to post required identifying signage, which prevented her from timely identifying the correct municipal entity. SCA opposed, citing lack of actual knowledge and prejudice. The court granted the petitioner's application, reasoning that SCA was estopped from asserting an untimely claim defense because its non-compliance with legal signage requirements created the initial difficulty in identifying the responsible party.

Late Notice of ClaimEquitable EstoppelMunicipal LiabilityPublic Authorities LawConstruction Site AccidentSignage ViolationsGovernmental ImmunityPersonal InjuryStatute of LimitationsActual Notice
References
4
Case No. MISSING
Regular Panel Decision

184 West 10th Street Corp. v. Marvits

Judge McCooe's dissenting opinion argues that the tenant failed to prove the landlord had actual knowledge of her openly and notoriously harbored cats, a prerequisite for waiving a 'no pet' lease provision under Administrative Code of City of New York § 27-2009.1 (b). The dissent criticizes the majority for shifting the burden of proof, mischaracterizing an independent contractor as an agent, and not strictly applying the 'actual knowledge' requirement as established in Seward Park Hous. Corp. v Cohen. McCooe asserts that the tenant's evidence of knowledge was speculative, as her cats usually hid, and workers were not present long-term. Ultimately, the dissenting judge concludes that the trial court's determination that the landlord did not waive its right to enforce the no-pet provision should be affirmed.

Pet PolicyLease WaiverOpen and NotoriousActual KnowledgeIndependent ContractorAgency LawBurden of ProofAdministrative CodeNew York LawLandlord-Tenant Dispute
References
8
Case No. MISSING
Regular Panel Decision
Nov 16, 2011

Claim of Wiess v. Mittal

Claimant, a steel worker from 1965 to 2008, filed an occupational hearing loss claim. His initial employer, Bethlehem Steel Corporation, was succeeded by Arcelor Mittal. A Workers' Compensation Law Judge apportioned the award based on the claimant's length of service with each employer. Bethlehem appealed, arguing Arcelor had not satisfied notice requirements and challenging the apportionment method. The Workers' Compensation Board determined Bethlehem had actual knowledge of the claimant's hearing loss through annual testing and credible testimony, and affirmed apportionment based on length of service. The appellate court affirmed the Board's decisions, finding no error in the Board's findings regarding actual knowledge or apportionment method.

Occupational hearing lossApportionmentActual knowledgeNotice requirementsEmployer liabilityWorkers' Compensation Law § 49-eeMedical evidenceBurden of proofAdverse inferenceIndustrial injury
References
8
Case No. MISSING
Regular Panel Decision

Arnold v. Tyson Foods, Inc.

This worker's compensation case addresses the allocation of judgment for total and permanent disability between the employer, Tyson Foods, Inc., its insurer, Travelers Insurance Company, and the Second Injury Fund of Tennessee. The plaintiff, Robert E. Arnold, was found totally and permanently disabled. The Chancellor originally held Tyson Foods and Travelers fully responsible, concluding they failed to satisfy the "written records" requirement of T.C.A. § 50-1027, which mandates documented employer knowledge of a pre-existing impairment. Despite the employer having actual knowledge of the plaintiff's patent handicap, the Supreme Court of Tennessee affirmed the Chancellor's decision, emphasizing the necessity of strict compliance with the statutory written records requirement for the Second Injury Fund to incur liability.

Second Injury FundPre-existing DisabilityWritten Records RequirementEmployer KnowledgeTotal Permanent DisabilityStatutory InterpretationAppellate ReviewAllocation of LiabilityHandicapped EmploymentTennessee Code Annotated
References
1
Case No. MISSING
Regular Panel Decision

American Home Shield Corp. v. Lahorgue

This case addresses the enforceability of a contractual indemnity clause under Texas fair notice requirements. American Home Shield (American Home) sought indemnity from Turn-Key Pool & Spa (Turn-Key) following a personal injury suit stemming from a spa heater explosion serviced by Turn-Key. The trial court denied American Home's motion for summary judgment and granted Turn-Key's, ruling the indemnity provision failed both the conspicuousness requirement and the express negligence doctrine. On appeal, American Home contended the provision satisfied fair notice or, alternatively, Turn-Key had actual notice. The appellate court affirmed the trial court's judgment, concluding the indemnity provision was not conspicuous and American Home failed to establish actual knowledge, thus rendering the clause unenforceable.

Contractual IndemnityFair Notice RequirementsConspicuousnessExpress Negligence DoctrineActual Knowledge ExceptionSummary JudgmentTexas LawIndemnity ClauseService Agreement DisputeAppellate Review
References
14
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