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

Case No. 08-04-00135-CV
Regular Panel Decision
Jul 28, 2005

Margarita Morales, Individually and as Next Friend of Paulette Morales and Laura Morales, Minor Children of Guadalupe D. Morales v. Liberty Mutual Insurance Company and Continental Casualty Company

This is an appeal from a trial court's decision granting a plea to the jurisdiction in a Texas Workers’ Compensation Act case. Margarita Morales, on behalf of her deceased husband's minor children, sought judicial review after the Texas Workers’ Compensation Commission Appeals Panel denied death benefits, ruling that Guadalupe Morales was not an employee. The central dispute on appeal was whether the issue of the decedent's employment status constituted a question of 'coverage' or 'compensability.' The Court of Appeals for the Eighth District of Texas affirmed the trial court's dismissal, agreeing that the issue was one of coverage, for which jurisdiction properly lay in Travis County, rather than El Paso County.

Workers' CompensationJurisdictionPlea to the JurisdictionCoverage DisputeCompensabilityEmployment StatusTexas Labor CodeJudicial ReviewAppeals PanelDeath Benefits
References
10
Case No. ADJ6909720
Regular
Nov 20, 2014

CLICIA MORALES MONARREZ, Alicia Morales Monarrez, Alicia Morales Monarrez vs. PARAMOUNT FARMS INTERNATIONAL, Paramount Farms

The Workers' Compensation Appeals Board denied Paramount Farms' Petition for Reconsideration. Paramount Farms contested the applicant's permanent partial disability rating and the indemnity awarded, arguing that the judge improperly disregarded a PQME's opinion and relied on another doctor's flawed assessment. The Board found that the petition was partially untimely, and on the merits, it adopted the WCJ's reasoning that the applicant's treating physician's opinion was substantial evidence, and the indemnity calculation was correct.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionPermissibly Self-InsuredParamount Farms InternationalAlicia Morales MonarrezOrder Amending AwardPermanent Partial DisabilityIndemnityDr. Khosrow Tabaddor
References
42
Case No. NUMBER 13-08-00200-CV
Regular Panel Decision
Aug 28, 2009

Valley Baptist Medical Center v. Noe Morales, Jr., as Administrator of the Estate of Paulina Morales

This is a statutory construction case concerning the production of medical records and associated fees. Appellant Valley Baptist Medical Center (VBMC) appealed a district court order compelling it to provide medical records to Appellee Noe Morales, Jr., as administrator of an estate, without charge. Morales sought records under the Texas Civil Practices and Remedies Code, while VBMC asserted its right to charge a reasonable fee under the Texas Health and Safety Code. The appellate court concluded that the statutes could be harmonized, affirming Morales's entitlement to the records but also VBMC's right to charge the statutory fee. The court reversed the trial court's judgment, requiring Morales to pay the $1,143.00 fee.

Statutory ConstructionMedical RecordsFees for RecordsTexas Civil Practices and Remedies CodeTexas Health and Safety CodeHospital LiabilityMandamusAppellate ReviewStatutory InterpretationHealthcare Law
References
15
Case No. 13-10-00247-CV
Regular Panel Decision
Jul 29, 2010

Unit Texas Drilling, LLC, Unit Drilling Company and Cliff Welker v. Caesar Morales, Jr. and Rhonda Morales

This memorandum opinion from the Thirteenth District of Texas Court of Appeals addresses an appeal by Unit Texas Drilling, LLC, Unit Drilling Company, and Cliff Welker. They sought to reverse a trial court's order denying their motion to compel arbitration in a personal injury suit filed by Caesar Morales, Jr. and Rhonda Morales. The Moraleses' claims arose from Caesar's on-the-job injury while working for Unit Texas, a non-subscriber to the Texas Workers Compensation Act, and concerned a mandatory 'Occupational Injury Benefit Plan' with an arbitration clause. The appellate court found that the Federal Arbitration Act applied, the arbitration agreement was valid and enforceable, and rejected the appellees' defenses, including arguments related to the McCarran-Ferguson Act, Texas Labor Code provisions, unconscionability, and failure of consideration. Consequently, the court reversed the trial court's order and remanded the case for further proceedings.

Arbitration AgreementFederal Arbitration ActTexas Workers Compensation ActNon-subscriber EmployerMotion to Compel ArbitrationUnconscionability DefenseMcCarran-Ferguson ActIllusory PromiseContractual DisputesEmployment Law
References
46
Case No. MISSING
Regular Panel Decision

Charter Oak Fire Insurance Co. v. Morales

This case concerns an appeal by The Charter Oak Fire Insurance Company challenging a jury's award of death benefits under the Texas Workers’ Compensation Act to the surviving widow and son of Jose Leon Morales. Morales died on May 23, 1984, following a work-related vehicle accident and a prior incident where he hit his head. The insurance company argued Morales' death was due to a non-work-related brain hemorrhage and that he was intoxicated. The appellate court reviewed whether there was sufficient evidence to support the jury's finding that a work-related injury was a producing cause of death. Finding the evidence insufficient, the court reversed the trial court's judgment and remanded the case for a new trial.

Workers' CompensationDeath BenefitsCausationBrain HemorrhageSufficiency of EvidenceAppellate ReviewIntoxication DefensePathologyMedical Expert TestimonyPreexisting Condition
References
6
Case No. 06-09-00005-CR
Regular Panel Decision
Aug 12, 2009

Earnest Dwain Morales v. State

Earnest Dwain Morales was convicted of assault on a public servant after an altercation with Sergeant Paul David Robertson, where Robertson sustained scraped knees and pepper spray exposure. Morales appealed, contending the evidence was legally and factually insufficient and that the trial court erred by admitting evidence of his prior arrests. The Court of Appeals, Sixth Appellate District of Texas at Texarkana, affirmed the judgment. The court found that sufficient evidence supported the jury's finding that Morales recklessly caused bodily injury to Robertson, citing testimony of a physical movement and struggle. Additionally, the appellate court ruled that the trial court did not abuse its discretion by allowing evidence of Morales' prior violent offenses to rebut a defense witness's characterization of Morales as a peaceful person.

Criminal LawAssaultPublic ServantEvidentiary SufficiencyPrior Bad ActsCharacter EvidenceRule 403Appellate ReviewTexasBodily Injury
References
32
Case No. MISSING
Regular Panel Decision

Dallas National Insurance Co. v. Morales

Dallas National Insurance Company appealed a judgment and orders entered in favor of Gilberto Morales. Dallas National challenged the legal and factual sufficiency of evidence supporting Morales's entitlement to Lifetime Income Benefits (LIBS) and Supplemental Income Benefits (SIBS), as well as the award of attorney's fees. Morales, a construction worker, sustained a work-related injury in 2003, leading to multiple surgeries and a 27 percent impairment rating. The jury determined Morales was entitled to LIBS and SIBS. The appellate court reviewed all issues, ultimately affirming the jury's findings on LIBS and SIBS, and upholding the award of attorney's fees.

Workers' CompensationLifetime Income Benefits (LIBS)Supplemental Income Benefits (SIBS)Attorney's FeesLegal SufficiencyFactual SufficiencyRadiculopathySpinal InjuryPermanent DisabilityAppellate Review
References
21
Case No. 04-10-00704-CV
Regular Panel Decision
Aug 03, 2011

Bairon Israel Morales v. Michelin North America, Inc.

Bairon Israel Morales was injured in a truck accident while working for K&K Repair Service, LLC. Texas Mutual Insurance Company, K&K's workers' compensation carrier, paid Morales benefits. Morales sued Michelin North America, Inc. and Discount Tire Company of Texas, eventually settling with them after nonsuiting his employer and the driver. The appeal concerns the allocation of Texas Mutual's subrogation lien and whether Morales's attorney is entitled to a proportionate share of expenses from Texas Mutual's recovery. The court ruled that Texas Mutual was not actively represented in the third-party action, thus section 417.003(a) of the Texas Labor Code applies, entitling Morales's attorney to a proportionate share of expenses. The judgment was modified to reduce Texas Mutual's payment by this share. The court denied Morales's request for a determination of the employer's percentage of responsibility, stating the issue was moot due to the settlement with all defendants.

Workers' CompensationSubrogation LienAttorney's FeesLitigation ExpensesTexas Labor CodeCivil Practice and Remedies CodeSummary JudgmentAppellate ReviewActive RepresentationSettlement Agreement
References
20
Case No. MISSING
Regular Panel Decision

Morales v. Michelin North America, Inc.

Bairon Israel Morales appealed an agreed final judgment concerning a workers' compensation lien. Morales was injured in a truck accident while working for K & K Repair Service, LLC, and Texas Mutual Insurance Company, the workers' compensation carrier, paid his benefits. Morales sued Michelin North America and Discount Tire Company, eventually settling for $375,000. Texas Mutual intervened to recover its subrogation lien. The appellate court modified the trial court's judgment, reducing Texas Mutual's payment from the settlement proceeds by its proportionate share of expenses from $118,486.21 to $90,732.04. The court affirmed the judgment as modified but denied Morales's request for a determination of the employer's percentage of responsibility, ruling that this issue was moot due to prior settlements and nonsuits.

Subrogation LienAttorney's FeesLitigation ExpensesAppellate ReviewStatutory InterpretationTexas Labor CodeAgreed JudgmentSettlementMootness DoctrineEmployer Liability
References
18
Case No. 01-14-00429-CV
Regular Panel Decision
Oct 14, 2014

Reynaldo Morales v. Travelers Indemnity Company of Connecticut

Reynaldo Morales, Appellant, files a motion to reinstate his workers' compensation case against Travelers Indemnity Co. of Connecticut, Appellee. Morales sustained an employment injury on March 17, 2000. A dispute arose regarding the extent of his compensable injury, leading to a hearing where the hearing officer ruled against him. Morales initially filed suit in 2009 (Cause No. DC-09-12253-B), which was dismissed for want of prosecution in 2010. After subsequent motions and judgments, including a summary judgment against him in 2013 (Cause No. DC-13-00310), Morales seeks to reinstate his case and requests a new trial, arguing disagreements with the process and the expiration of the Statute of Limitations.

Workers' CompensationMotion to ReinstateNew TrialAppealDismissalWant of ProsecutionSummary JudgmentStatute of LimitationsLumbar RadiculopathyCervical Radiculopathy
References
3
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