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

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. 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. 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. 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. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. 2020 NY Slip Op 05204 [186 AD3d 1679]
Regular Panel Decision
Sep 30, 2020

Matter of Board of Mgrs. of Half Moon Bay Mar. Condominium v. Board of Directors of Half Moon Bay Homeowners Assn., Inc.

This case concerns a CPLR article 78 proceeding initiated by the Board of Managers of Half Moon Bay Marina Condominium and Maria Elena DiBella against the Board of Directors of Half Moon Bay Homeowners Association, Inc. The dispute arose over the voting rights of Marina directors on the HOA Board, which the HOA Board sought to restrict. The Supreme Court, Westchester County, ruled in favor of the petitioners, compelling the HOA Board to allow unrestricted voting. The Appellate Division affirmed this judgment, determining that the HOA's bylaws regarding voting rights were ambiguous. The court found that extrinsic evidence, including the HOA Board's historical practice, supported the interpretation that all directors had an unrestricted right to vote on all HOA matters.

Bylaws InterpretationVoting RightsCondominium LawHomeowners AssociationCPLR Article 78Contract InterpretationExtrinsic EvidenceBoard of DirectorsAppellate ReviewAmbiguity
References
11
Case No. 03-10-00673-CV
Regular Panel Decision
Jul 06, 2012

Texas Board of Chiropractic Examiners, Glenn Parker, Executive Director, and Texas Chiropractic Association v. Texas Medical Association, Texas Medical Board, and the State of Texas

This case concerns an appeal by the Texas Board of Chiropractic Examiners (TBCE) and the Texas Chiropractic Association (TCA) challenging a district court's judgment. The district court invalidated portions of TBCE's administrative rule defining the scope of chiropractic practice, specifically regarding manipulation under anesthesia (MUA), needle electromyography (needle EMG), and certain diagnostic activities. The Court of Appeals affirmed the invalidation of rules permitting needle EMG and MUA, finding them to be "incisive" and "surgical" procedures respectively, and thus exceeding the statutory scope of chiropractic. However, the appellate court reversed the invalidation of rules allowing chiropractors to make certain diagnoses concerning the biomechanical condition of the spine or musculoskeletal system and subluxation complex, concluding these were within the statutory scope. The case was remanded for further proceedings regarding alternative constitutional challenges.

Chiropractic regulationMedical scope of practiceAdministrative rulesStatutory interpretationNeedle EMGManipulation Under AnesthesiaChiropractic diagnosisTexas lawHealth professional licensingJudicial review
References
98
Case No. 03-07-00002-CV
Regular Panel Decision
Aug 30, 2007

Texas Logos, L.P. v. Texas Department of Transportation, and Michael W. Behrens, Individually, and in His Capacity as Executive Director of the Texas Department of Transportation

Texas Logos, L.P. appealed a district court decision to dismiss its claims against the Texas Department of Transportation (TxDOT) and its executive director, Michael W. Behrens, based on sovereign immunity. Texas Logos challenged TxDOT's award of a logo sign contract to Media Choice/Quorum Media Group, L.L.C., alleging that TxDOT exceeded its statutory authority by violating procurement statutes, favoring Media Choice, and allowing fraudulent information. Texas Logos sought declarations under the Uniform Declaratory Judgments Act (UDJA) to void the contract and TxDOT's denial of its protest, and also challenged the validity of TxDOT's protest rules under the Administrative Procedures Act (APA). The Court of Appeals affirmed the district court's dismissal, ruling that sovereign immunity barred Texas Logos's claims seeking to invalidate an existing state contract or control state action, and that the APA rule challenge was abstract without a justiciable underlying controversy.

Procurement disputeSovereign immunityDeclaratory judgmentUltra viresCompetitive biddingGovernment contractsAdministrative lawJudicial reviewStatutory interpretationTexas law
References
53
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