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

Case No. 03-10-00160-CV
Regular Panel Decision
Aug 31, 2010

William H. Kuntz, Jr., in His Official Capacity as Executive Director of the Texas Department of Licensing and Regulation Texas Department of Licensing and Regulation Texas Commission of Licensing and Regulation Frank S. Denton v. Reema Khan, D/B/A Salon Rupa - Shapes Brow Bar

This appeal concerns district court orders that partially denied a plea to the jurisdiction and granted a temporary injunction. The appellants, governmental defendants including the Texas Department of Licensing and Regulation and its executive director and members, faced claims from appellee Reema Khan, who operates eyebrow threading businesses. Khan was penalized for practicing cosmetology without a license and challenged this, arguing eyebrow threading is not within the statutory scope of cosmetology. The appellate court reversed the district court's denial of the plea to the jurisdiction for Khan's declaratory claims, dismissing them as redundant to her Administrative Procedures Act (APA) judicial review claim. However, the court affirmed the temporary injunction, finding no abuse of discretion given Khan's viable APA claim and probable right to recovery against the Department's regulation of eyebrow threading.

Cosmetology RegulationEyebrow ThreadingAdministrative Procedures ActDeclaratory Judgments ActPlea to JurisdictionTemporary InjunctionStatutory InterpretationProfessional LicensingGovernmental AuthorityUltra Vires Act
References
24
Case No. 03-11-00057-CV
Regular Panel Decision
Jul 25, 2012

Ashish Patel, Anverali Satani, Nazira Momin, Tahereh Rokhti, Minaz Chamadia, and Vijay Lakshmi Yogi// Cross Texas Department of Licensing and Regulation William H. Kuntz, Jr., in His Official Capacity v. Texas Department of Licensing and Regulation William H. Kuntz, Jr., in His Official Capacity// Ashish Patel, Anverali Satani, Nazira Momin, Tahereh Rokhti, Minaz Chamadia, and Vijay Lakshmi Yogi

This case involves cross-appeals concerning the constitutionality of cosmetology statutes and administrative rules as they apply to eyebrow threading in Texas. The appellants, who operate eyebrow threading businesses, argued that these regulations infringe upon their constitutional right to economic liberty under article I, section 19 of the Texas Constitution. The district court granted summary judgment in favor of the Texas Department of Licensing and Regulation and its officials, denying the appellants' motion. The Court of Appeals, Third District, at Austin, affirmed the district court's judgment, finding that the challenged regulations are sufficiently rational and reasonable to meet constitutional due course requirements, falling within the state's police power for public health and safety concerns related to cosmetology services.

Eyebrow ThreadingCosmetology RegulationEconomic LibertyDue ProcessRational Basis ReviewPolice PowerSummary JudgmentTexas ConstitutionState AgenciesOccupational Licensing
References
61
Case No. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
Case No. 03-01-00631-CV
Regular Panel Decision
Jun 21, 2002

Everest National Insurance Company v. Texas Workers' Compensation Commission Subsequent Injury Fund Leonard W. Riley, Jr., in His Official Capacity as Director of Texas Workers' Compensation Commission And John Casseb, in His Official Capacity as Administrator of Subsequent Injury Fund

Everest National Insurance Company (Everest) sought reimbursement from the Subsequent Injury Fund for overpaid workers' compensation benefits after district court judgments reversed prior agency decisions. The Fund denied a portion of the requested amount, leading Everest to file a declaratory judgment suit in district court. The district court dismissed the suit, citing lack of subject-matter jurisdiction due to Everest's alleged failure to exhaust administrative remedies. The Texas Court of Appeals reversed this decision, holding that Everest was not required to exhaust administrative remedies because the Fund had previously stated no such remedies existed. The appellate court found Everest was authorized to bring a direct suit for declaratory relief under the Uniform Declaratory Judgments Act to enforce the Fund's statutory obligation, remanding the case for a decision on the merits.

Workers' CompensationInsurance ReimbursementSubsequent Injury FundAdministrative Procedure ActDeclaratory JudgmentExhaustion of Administrative RemediesSubject-Matter JurisdictionStatutory InterpretationTexas Court of AppealsJudicial Review
References
8
Case No. 03-09-00635-CV
Regular Panel Decision
Aug 19, 2011

Texas Racing Commission and Charla Ann King, Executive Director v. Javier Marquez D/B/A J&M Racing and Farm

Javier Marquez's racehorses were disqualified and their race purse redistributed due to inadvertently wearing incorrect saddle cloth numbers, a violation of commission rules. Marquez appealed the stewards' decision to the Texas Racing Commission, but the executive director, Charla Ann King, denied the appeal, citing a provision of the Texas Racing Act that deemed such decisions final. Marquez then filed a suit against the Commission and King, seeking declaratory relief. The trial court denied relief under the Administrative Procedure Act but granted it under the Uniform Declaratory Judgments Act, declaring that King exceeded her statutory authority by denying the appeal and by disqualifying the horses and redistributing the purse. On appeal, the Court of Appeals affirmed that the director exceeded her authority by refusing the administrative appeal, but vacated and dismissed the trial court's rulings on the disqualification and purse redistribution, holding that the trial court lacked subject matter jurisdiction until Marquez exhausted his administrative remedies. The court also affirmed a reduced award of attorney's fees.

Racing ActAdministrative LawDeclaratory JudgmentSovereign ImmunityUltra Vires ClaimAdministrative AppealHorse RacingDisqualificationPurse RedistributionSubject Matter Jurisdiction
References
20
Case No. 03-03-00435-CV
Regular Panel Decision
Jul 29, 2004

Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission/East Side Surgical Center Clinic for Special Surgery And Surgical and Diagnostic Center, L.P. v. East Side Surgical Center Clinic for Special Surgery/Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission

This case involves the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center, Clinic for Special Surgery, and intervenor Surgical and Diagnostic Center, L.P. (collectively "East Side") sued the Commission to invalidate certain default rules that applied when specific guidelines were absent. The district court declared one rule (133.304(i)) invalid and enjoined its enforcement, citing unlawful delegation of authority. On appeal, the Court of Appeals reversed the district court's judgment regarding the rule's invalidity and dissolved the injunction, citing a Texas Supreme Court decision finding no unlawful delegation. The court affirmed that East Side was not entitled to its usual and customary fee in the absence of specific guidelines.

Workers' CompensationAdministrative LawDelegation of AuthorityRulemakingAmbulatory Surgical CentersJudicial ReviewInsurance CarrierFee GuidelinesFair and Reasonable RatesStatutory Interpretation
References
38
Case No. MISSING
Regular Panel Decision

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. MISSING
Regular Panel Decision

City of Arlington v. Nadig

The City of Arlington sought judicial review of a Texas Workers’ Compensation Commission (TWCC) decision and later pursued reimbursement from the TWCC Subsequent Injury Fund. Following the TWCC's refusal to reimburse, the City moved for leave to file a petition for writ of mandamus against the TWCC executive director and the Subsequent Injury Fund administrator. The City argued that the Texas Supreme Court had exclusive jurisdiction over the TWCC executive director. However, the Court, referencing prior case law, concluded that it did not possess exclusive mandamus jurisdiction over these officials. Consequently, the motion for leave was overruled, without prejudice to the City's right to seek mandamus relief in a lower court.

MandamusJurisdictionWorkers' CompensationState OfficersExecutive DepartmentReimbursementSubsequent Injury FundTexas Supreme CourtAppellate ProcedureOriginal Proceeding
References
3
Case No. 03-14-00396-CV
Regular Panel Decision
Jan 06, 2015

Texas Board of Chiropractic Examiners and Yvette Yarbrough, Executive Director v. Texas Medical Association

The Texas Board of Chiropractic Examiners (TBCE) and its Executive Director, Yvette Yarbrough, are appealing a decision from the Third Court of Appeals in Austin, Texas. They have filed a motion for panel rehearing and/or en banc rehearing. The appellants argue that the Court's previous memorandum opinion contains three fundamental errors: misstating appellate issues, resolving subject-matter jurisdiction using a prohibited method, and misstating the administrative rule at issue. They contend that the Court misunderstood their challenge to the trial court's jurisdiction regarding the Texas Medical Association's (TMA) claim to invalidate a provision of the Scope of Practice Rule (22 Tex. Admin. Code § 75.17(d)(1)) concerning chiropractors' authority to "diagnose" diseases. TBCE asserts that this claim is a collateral attack on a prior judgment in TMA I where the same issue was litigated and decided in TBCE's favor. They argue that subject-matter jurisdiction should be decided on a claim-by-claim basis and that the Court erred in its interpretation of the administrative rule number. They are requesting an opportunity for oral argument due to the significance of the issues for chiropractic practice in Texas.

Workers' CompensationChiropractic Scope of PracticeMedical AssociationCollateral AttackSubject Matter JurisdictionAdministrative LawRule InvalidationTexas LawAppellate ProcedureMotion for Rehearing
References
6
Case No. 03-03-00379-CV
Regular Panel Decision
Apr 08, 2004

Chris M. Schade, M.D., Ph.D. v. Texas Workers' Compensation Commission And Richard F. Reynolds, Executive Director

Chris M. Schade, a physician, challenged the Texas Workers’ Compensation Commission's authority to conduct "desk reviews" of his services to workers’ compensation claimants, alleging it was an unconstitutional warrantless search and an impermissible regulation of medicine. The Commission's audit focused on Schade's treatment, billing, and business practices for five patients. The district court affirmed the Commission's authority and found the review constitutional. The Court of Appeals upheld the district court's judgment, concluding that the "desk review" was an authorized administrative subpoena, not an unreasonable search, and that the Commission acted within its statutory powers to monitor healthcare providers. Schade's claim regarding medical practice regulation was waived for not being raised at trial.

TexasWorkers' CompensationMedical DoctorAdministrative LawStatutory AuthorityDesk ReviewAdministrative SubpoenaSearch and SeizureTexas ConstitutionPhysician Regulation
References
43
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