CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 10-09-00413-CR
Regular Panel Decision
Jan 13, 2010

Ex Parte Servando Castaneda Gonzales

Servando Castaneda Gonzales appealed a trial court’s decision in an underlying writ of habeas corpus proceeding. He subsequently filed a motion with the appellate court, requesting the dismissal of his own appeal. The motion was personally signed by Gonzales. The Tenth Court of Appeals, finding the motion appropriate, dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.2(a).

Habeas CorpusAppeal DismissedMotion to DismissWrit ProceedingAppellate ProcedureTexas LawCriminal AppealVoluntary DismissalCourt of Appeals
References
1
Case No. 13-15-00033-CV
Regular Panel Decision
Apr 01, 2015

Adan Perez Jr. v. Weslaco Independent School District

Adan Perez, Jr., a former risk manager for Weslaco Independent School District (WISD), appeals the District Court's decision to grant WISD's plea to the jurisdiction regarding his claims under the Texas Whistleblower Act and for breach of reasonable expectation of contract renewal. Perez alleges that WISD unlawfully removed funds from self-funded employee benefit programs to finance a football stadium press box, violating state and federal laws. He claims he reported this misconduct to the Texas Education Agency (TEA) and was subsequently retaliated against with a negative performance review and non-renewal of his contract. Perez argues the District Court has jurisdiction over his whistleblower claim, asserting that the TEA was an appropriate law enforcement authority, he blew the whistle before his termination, and he was not required to exhaust administrative remedies. He also contends that his claim for breach of reasonable expectation of renewal, based on an implied term in his written contract due to WISD's longstanding practice, falls within the waiver of sovereign immunity for written contracts.

Whistleblower ActSovereign ImmunityPlea to JurisdictionBreach of ContractContract RenewalRetaliationPublic EmployeeTexas Education AgencyMisappropriation of FundsWorkers' Compensation Fund
References
11
Case No. 13-09-00443-CV
Regular Panel Decision
Feb 12, 2010

in Re: Adan Volpe Properties, Ltd. and Maricela Volpe as General Partner

Adan Volpe Properties, Ltd. and Maricela Volpe (relators) filed a petition for writ of mandamus challenging a trial court's order to transfer venue. The relators' original lawsuit in Hidalgo County alleged fraud, breach of fiduciary duty, conspiracy, defamation, libel, intentional infliction of emotional distress, invasion of privacy, racketeering, and sought injunctive relief. The trial court granted motions by Donato Volpe Jr., Eustorgio Perez, and Luis Antonio Figueroa (real parties in interest) to transfer venue to Webb County, based on mandatory venue provisions for injunctions. The Thirteenth District of Texas Court of Appeals reviewed whether the injunctive relief sought by relators was primary or ancillary to their claims for damages. The appellate court concluded that the injunctive relief was ancillary, thus section 65.023 of the Civil Practice and Remedies Code, which mandates venue for primarily injunctive suits, did not apply. The petition for writ of mandamus was conditionally granted, ordering the trial court to withdraw its venue transfer order.

MandamusVenue TransferCivil ProcedureInjunctive ReliefAncillary ClaimsFraudBreach of Fiduciary DutyDefamationRacketeeringTexas Court of Appeals
References
33
Case No. 13-12-00581-CV
Regular Panel Decision
Jul 25, 2013

Weslaco Independent School District and Richard Rivera v. Adan Perez Jr.

Adan Perez Jr., a former risk manager for Weslaco Independent School District (WISD), sued WISD and its superintendent Richard Rivera after his employment was terminated in June 2010. Perez alleged he was terminated for reporting the District's purported illegal withdrawal of funds from self-funded insurance programs to construct a new football stadium press box. His lawsuit included claims for breach of contract, breach of reasonable expectation to renew his contract, violations of the Texas Whistleblower Act, constitutional violations of due course of law, equal protection, and free speech, and common-law retaliation. The District and Rivera appealed the trial court’s denial of their plea to the jurisdiction. The appellate court reversed the trial court's decision in part, dismissing Perez's constitutional claims for damages and common-law retaliation claim with prejudice, and his breach of contract claim without prejudice due to failure to exhaust administrative remedies. The court remanded Perez's claim for breach of his right of reasonable expectation to renew his contract, allowing him an opportunity to amend his pleadings.

Whistleblower ActPlea to the jurisdictionSovereign immunityBreach of contractRetaliatory dischargeDue process rightsEqual protection rightsFree speech rightsAdministrative remediesExclusive jurisdiction
References
17
Case No. 08-25-00104-CV
Regular Panel Decision
Oct 31, 2025

LKQ Automotive D/B/A Keystone Automotive Industries, Inc. and Jesus Duron v. Adan Robert Romo

LKQ Automotive and Jesus Duron appealed a trial court's denial of their motion to compel arbitration against Adan Robert Romo. Romo, an LKQ commercial truck driver, was injured on the job and sued Appellants. Appellants sought to compel arbitration based on an agreement Romo signed, but Romo argued he was a transportation worker engaged in interstate commerce, exempt from the FAA. The appellate court affirmed the trial court's decision, concluding that Romo met his burden of proving he was exempt from the FAA's arbitration provisions, thus rendering the agreement unenforceable under federal law.

Arbitration AgreementFAA ExemptionTransportation WorkerInterstate CommerceEmployment LawPersonal Injury ClaimTexas Arbitration ActAppellate ReviewMotion to Compel ArbitrationSummary Procedure
References
34
Case No. ADJ8477952
Regular
Jan 15, 2013

ADAN CASTANEDA, JOAQUINA CASTANEDA vs. CITY OF ROSEMEAD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding death benefits. The Board found that the Workers' Compensation Judge (WCJ) adequately considered all evidence, and the defendant's accusations of partiality were unfounded. The Board affirmed the WCJ's reliance on specific physician reports and the applicant's widow's testimony, which established a causal link between the applicant's industrial injuries and his death. The Board also recommended sanctions against defense counsel for using unprofessional and intemperate language.

Workers' Compensation Appeals BoardAdan CastanedaJoaquina CastanedaCity of RosemeadState Compensation Insurance FundADJ8477952Order Denying Reconsiderationsubstantial evidenceWCJReport and Recommendation on Petition for Reconsideration
References
1
Case No. ADJ10648626
Regular
Apr 27, 2018

LUBIA CASTANEDA vs. ELITE SUBLIMATION, INC., REPUBLIC UNDERWRITERS INSURANCE COMPANY

The Appeals Board dismissed Lubia Castaneda's petition for reconsideration because the WCJ's decision on venue was an interlocutory procedural issue, not a final order determining substantive rights or liabilities. Therefore, it was not a proper subject for reconsideration. The petition for removal was also denied as Castaneda failed to demonstrate substantial prejudice, irreparable harm, or that reconsideration would be an inadequate remedy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary Remedy
References
6
Case No. WCB Case No. G076 8920
Regular Panel Decision
Nov 16, 2023

FAZEKAS, WILLIAM J. v. TIME WARNER CABLE, INC.

The case involves Adan E. Cifuentes, who sustained an injury while working for Amazon.com. A Workers' Compensation Law Judge (WCLJ) found the claimant had a permanent medical impairment and directed the carrier to pay for a medical cannabis prescription. The carrier appealed, arguing the WCLJ lacked jurisdiction and that medical cannabis is not covered under the Workers' Compensation Law. The Board Panel affirmed the WCLJ's decision, finding that the WCLJ had jurisdiction and that the medical cannabis prescription was properly awarded as necessary medical treatment for the claimant's work-related injury.

Workers' Compensation BoardMedical CannabisPermanent Medical ImpairmentJurisdictionMedical TreatmentAppellate ReviewWork-Related InjuryPrescription ReimbursementWCLJ DecisionBoard Panel Review
References
6
Case No. ADJ10774955
Regular
Jan 31, 2018

THOMAS CASTANEDA vs. GRIMMWAY ENTERPRISES, INC., TRISTAR

The Workers' Compensation Appeals Board dismissed Thomas Castaneda's Petition for Reconsideration because it was unverified, violating Labor Code section 5902. Notice of this defect was provided by the Workers' Compensation Judge, and the petitioner failed to cure it within a reasonable time. The Board noted that even if considered on its merits, the petition would have been denied. Therefore, the Petition for Reconsideration was dismissed.

References
1
Case No. ADJ10037291
Regular
Apr 01, 2025

Adan Alvarez vs. Victor Manuel Martinez, Justine Marie Martinez

The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a decision that allowed applicant Adan Alvarez to pursue a workers' compensation claim against Victor Manuel Martinez and Justine Marie Martinez despite his failure to file a proof of claim in the employers' bankruptcy proceedings. UEBTF contended that Alvarez was required to file a proof of claim in a Chapter 7 asset bankruptcy. The Appeals Board denied UEBTF's petition, affirming its prior decision. The Board distinguished this case from previous rulings, concluding that an employee's failure to file a proof of claim in bankruptcy is not fatal to their workers' compensation claim if no award exists at the time of the bankruptcy discharge.

UEBTFbankruptcyproof of claimChapter 7 assetChapter 7 no assetdischarge injunctionLabor Code section 3716Ortiz v. Workers' Comp. Appeals Bd.Slali v. RuizWCJ
References
9
Showing 1-10 of 44 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational