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

Case No. 03-05-00620-CV
Regular Panel Decision
Mar 14, 2008

What Happened in Felix vs. Weber Metals Reconsideration?

The Texas Orthopaedic Association and others challenged a rule by the Texas State Board of Podiatric Medical Examiners that defined 'foot' to include portions of the ankle and soft tissues extending into the leg. Appellants argued this rule impermissibly expanded the scope of podiatry beyond its statutory definition and intruded into the practice of medicine. The district court initially found the rule valid. However, the Court of Appeals reversed this decision, holding that the Board exceeded its authority. The appellate court concluded that the rule's expansive definition authorized podiatrists to treat anatomical features located well above the traditional foot and ankle, which is inconsistent with the occupations code and constitutes an unauthorized practice of medicine.

Podiatry ScopeRegulatory AuthorityStatutory InterpretationAdministrative Rule ValidityMedical Practice ActTexas Occupations CodeDeclaratory JudgmentAnkle TreatmentFoot DefinitionMedical Licensing Board
References
29
Case No. MISSING
Regular Panel Decision
Feb 25, 2013

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

The case concerns Plaintiff Larry W. Prewitt, Sr.'s employment discrimination and retaliation lawsuit against Defendant Continental Automotive. The court granted Defendant's motion for partial dismissal, ruling that claims stemming from Plaintiff's first two EEOC charges were time-barred. Plaintiff's claims for racial discrimination were dismissed without prejudice due to a lack of sufficient factual allegations. However, the court found Plaintiff's retaliation claims, related to filing EEOC charges, were adequately pleaded and allowed them to proceed. Defendant's motion for a more definite statement was denied as moot.

Employment DiscriminationRetaliation ClaimMotion to DismissMotion for More Definite StatementEEOC ChargesTime-Barred ClaimsPleading StandardsFederal Civil ProcedureTitle VIIAmericans with Disabilities Act
References
74
Case No. 03-05-00620-CV
Regular Panel Decision
Mar 14, 2008

What Did the WCAB Decide in Cuadra vs. Community Home Care?

This case addresses an appeal concerning the validity of an administrative rule promulgated by the Texas State Board of Podiatric Medical Examiners, which defined the term 'foot' to include portions of the ankle and soft tissues extending into the leg. The appellants, the Texas Orthopaedic Association, Texas Medical Association, and Andrew M. Kant, M.D., argued that this rule impermissibly expanded the statutory scope of podiatric practice. The district court initially upheld the rule's validity. However, the Court of Appeals reversed this decision, concluding that the Board exceeded its authority by adopting a definition that authorized podiatrists to treat anatomical features well above the ankle, thereby encroaching upon the unauthorized practice of medicine and exceeding the traditional scope of podiatry.

Scope of PracticePodiatryMedical LawAdministrative Rule ValidityStatutory InterpretationTexas Occupations CodeDeclaratory JudgmentMedical Board AuthorityAnkle TreatmentFoot Definition
References
22
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This action for declaratory judgment and injunctive relief was brought by Texas hay producers and their representative organization against the Secretary of Agriculture and the USDA. The plaintiffs challenged definitional regulations issued under the Immigration Reform and Control Act of 1986 (IRCA), specifically regarding the Special Agricultural Workers (SAW) program. They argued that the exclusion of hay from the definitions of "vegetables" and "other perishable commodities" was arbitrary and capricious, thereby improperly denying them SAW program benefits. The Court, applying the Chevron deference standard, found that Congress had delegated broad authority to the Secretary for these definitions. It concluded that the Secretary's definitions, which excluded hay based on its lack of "human edibility" and "critical and unpredictable labor demands" due to mechanization, were reasonable and consistent with legislative intent. Consequently, the Court denied the plaintiffs' motion for summary judgment and granted the defendants' cross-motion for summary judgment.

Immigration Reform and Control ActSpecial Agricultural WorkersSeasonal Agricultural ServicesRegulatory ChallengeAdministrative LawSummary JudgmentDepartment of AgricultureStatutory InterpretationChevron DeferenceHay Producers
References
9
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

Christopher J. Corcoran, an automobile mechanic, suffered a left inguinal hernia in 1985 while working for Foster Auto GMC, Inc. He underwent surgery and returned to work with permanent lifting restrictions, subsequently being terminated. The trial court dismissed his workers' compensation claim, finding insufficient proof of permanent disability due to the physician's inability to provide an anatomical disability rating. The Supreme Court reversed and remanded, holding that the failure of a medical expert to attribute a percentage of anatomical disability does not justify denying compensation if other evidence demonstrates an award is appropriate. The court emphasized that vocational disability, not anatomical disability, is the ultimate issue, and the trial court must determine the extent of permanent partial vocational disability based on all evidence.

Workers' CompensationPermanent Partial DisabilityVocational DisabilityHernia InjuryMedical EvidenceAnatomical ImpairmentEarning CapacityRemandStandard of ReviewTennessee Law
References
25
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

This case addresses whether an attorney employed as 'general counsel' and 'assistant to the president' of a corporation is entitled to protections under Article 6 of the Labor Law, specifically regarding attorney's fees and liquidated damages for unpaid wages. Defendants, Codata Corporation and Dorfman, moved to dismiss the plaintiff's claims, arguing that the plaintiff, as an executive or white-collar worker, did not fall under the definition of 'employee' as per Labor Law § 198 (1-a) or the more restrictive Labor Law § 2 (5). The plaintiff contended that the broader definition in Labor Law § 190 (2) within Article 6 should apply. The court ruled that the definitions within Article 6 govern that article and that the plaintiff's duties did not preclude coverage. Consequently, the defendants' motion to dismiss was denied, allowing the plaintiff's claims to proceed.

wage claimattorneyLabor Lawemployee definitionwhite collar workerexecutiveliquidated damagesattorney's feesmotion to dismissstatutory interpretation
References
3
Case No. 14-02-00643-CV
Regular Panel Decision
Nov 06, 2003

Why Was Removal Denied in Rush vs. California Correctional Institution?

This workers' compensation case involves an appeal by the Texas Workers' Compensation Insurance Fund against Kathy Zellars Bridwell, Justin P. Zellars, and William Joshua Zellars. The Fund argued that the trial court erred in its jury instruction regarding the definition of 'course and scope of employment' under the Texas Labor Code. The deceased, William Zellars, died of carbon monoxide poisoning in a trailer attached to his truck after experiencing truck problems on his way home from a work site. His family filed a claim for death benefits, which was initially denied. The appellate court reversed the trial court's judgment, finding that the trial court's incomplete definition of 'course and scope of employment' likely caused an improper judgment, as it omitted crucial exclusions from the statutory definition. The case was remanded for a new trial.

Workers' CompensationJury InstructionCourse and Scope of EmploymentTexas Labor CodeStatutory InterpretationCarbon Monoxide PoisoningFatal InjuryAppellate ReviewTrial Court ErrorRemand
References
6
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

This case addresses the appropriate definition of "proximate cause" in a personal injury lawsuit brought under the Federal Employers' Liability Act (F.E.L.A.) and the Safety Appliance Act. The plaintiff, a brakeman, suffered a knee injury after alighting from a boxcar with a defective air brake system. The trial court's jury instructions included both the common law and a modified F.E.L.A. definition of proximate cause, leading the jury to find no causal link between the defective brake and the injury. The Supreme Court of Texas ruled that the common law definition imposed an overly burdensome standard on the plaintiff, inconsistent with federal law's less stringent "in whole or in part" causation test for F.E.L.A. cases. Consequently, the court reversed the lower judgments and remanded the case, emphasizing that only the federal standard should be presented to the jury.

Federal Employers' Liability ActSafety Appliance ActProximate CauseJury InstructionsPersonal InjuryRailroad NegligenceDefective EquipmentCausation StandardReversible ErrorTexas Supreme Court
References
26
Case No. MISSING
Regular Panel Decision
Jun 16, 1994

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The case involves an appeal of an order from the Supreme Court, Bronx County, concerning causes of action for libel and Civil Rights Law violations. The defendant, Latin News Impacto, a Spanish-language newspaper, published an article with the plaintiff's picture, describing her as having AIDS. At the time of publication, the plaintiff was HIV-positive and seriously ill with AIDS-related conditions, but did not formally meet the then-current Centers for Disease Control (CDC) definition of AIDS, although a new definition, effective weeks later, would have included her. The IAS Court initially denied the defendant's motion for summary judgment, finding triable issues of fact and that the article was of private concern. The Appellate Division unanimously reversed this decision, granting summary judgment for the defendant, ruling that even if the statement about AIDS was not literally true at publication, the defendant did not act with gross irresponsibility given the plaintiff's undisputed AIDS-related illnesses and the imminent CDC definition change. Furthermore, the court found no unauthorized advertising use of the photo under Civil Rights Law §§ 50 and 51, as the article was on a matter of public interest and not an advertisement in disguise. A separate trespass cause of action was not appealed and remains viable.

LibelDefamationCivil Rights LawFreedom of the PressSummary JudgmentAIDS/HIV Status DisclosurePublic Concern DoctrineGross Irresponsibility StandardFalse LightUnauthorized Use of Likeness
References
11
Case No. LAO 854789
Regular
Oct 09, 2007

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

The applicant sought extended temporary disability benefits, claiming a rotator cuff debridement during shoulder arthroscopy constituted an "amputation" under Labor Code section 4656(c)(2)(C). The Board denied reconsideration, affirming the WCJ's finding that "debridement" of an internal body part, like bone, does not meet the statutory definition of amputation. This definition requires the severance or removal of a limb or body appendage, conforming to the common understanding of the term.

Juana ManriquezKenvin IncState Compensation Insurance FundLAO 854789Petition for ReconsiderationAugust 6 2007 Findings and Ordershoulder arthroscopyamputationLabor Code section 4656(c)(2)(C)temporary disability
References
4
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