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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Claim of Clark v. New York City Transit Authority

The motion seeking leave to appeal from the Appellate Division order denying appellant’s motion to vacate and the Appellate Division order denying appellant’s motion for leave to appeal to the Court of Appeals was dismissed. The dismissal was based on the ground that the said orders do not finally determine the proceeding within the meaning of the Constitution. The motion for leave to appeal was otherwise denied.

Leave to appealAppellate DivisionMotion to vacateCourt of AppealsDismissedFinal determinationConstitutional interpretationMotion denied
References
0
Case No. 03-21-00579-CV
Regular Panel Decision
Jul 08, 2022

Alvy Childress v. Travelers Indemnity Company, W&W-AFCO Steel LLC, and Texas Department of Insurance Division of Workers Compensation

Alvy Childress appealed a trial court's orders concerning a worker's compensation claim, specifically challenging a venue transfer and the dismissal of claims against the Texas Department of Insurance, Division of Workers' Compensation. The appellate court dismissed the appeal of the venue transfer from Travis County to Tom Green County, citing a lack of interlocutory appellate jurisdiction. Regarding the plea to the jurisdiction by the Division, the court affirmed the trial court's decision to dismiss Childress's claims. It held that the Texas Labor Code does not provide a claimant with the right to sue the Division in such judicial review cases, thereby upholding the Division's sovereign immunity. Consequently, the Division was deemed not a proper party to the appellant's suit for judicial review.

Workers' CompensationJudicial ReviewVenue TransferSovereign ImmunityPlea to JurisdictionAppellate JurisdictionLabor CodeTexas Court of AppealsAdministrative LawPro Se
References
29
Case No. 03-11-00009-CV
Regular Panel Decision
May 26, 2011

Rod Bordelon, Commissioner of the Texas Department of Insurance, Division of Workers' Compensation And the Texas Department of Insurance, Division of Workers' Compensation v. Brian Fanette

The appellants, Rod Bordelon, Commissioner of the Texas Department of Insurance, Division of Workers' Compensation, and the Texas Department of Insurance, Division of Workers' Compensation, filed a motion requesting the dismissal of their appeal. The Texas Court of Appeals, Third District, at Austin, granted this motion and consequently dismissed the appeal. This decision was made in the case against Appellee Brian Fanette.

Texas Court of AppealsWorkers' Compensation DivisionAppeal DismissalAppellant MotionJudicial DistrictTravis CountyMemorandum OpinionAdministrative AgencyState GovernmentAppellate Procedure
References
0
Case No. No. 2
Regular Panel Decision
Feb 15, 2024

Matter of Clifton Park Apartments v. New York State Division of Human Rights

CityVision, a non-profit, filed a discrimination complaint against Pine Ridge Apartments with the New York State Division of Human Rights (DHR). After DHR dismissed the initial complaint, Pine Ridge's attorney sent a letter to CityVision and employee Leigh Renner threatening litigation for "false, fraudulent and libelous" allegations. In response, CityVision and Renner filed a retaliation complaint, which DHR upheld, finding the letter to be an adverse action. The Appellate Division annulled DHR's determination, concluding that the letter did not constitute adverse action and DHR improperly shifted the burden regarding protected activity. The Court of Appeals reversed the Appellate Division, holding that a threat of litigation can indeed constitute adverse action under the Human Rights Law, supported by substantial evidence. However, the Court remitted the matter to DHR for proper analysis of the "protected activity" element, as DHR had improperly shifted the burden of proof.

Retaliation claimHuman Rights LawAdverse actionThreat of litigationFamilial status discriminationBurden of proofProtected activityHousing discriminationAppellate reviewAdministrative law
References
18
Case No. 03-05-00776-CV
Regular Panel Decision
Dec 15, 2006

Texas Mutual Insurance Company v. Texas Department of Insurance, Division of Workers' Compensation

This interlocutory appeal addresses whether the Texas Department of Insurance, Division of Workers' Compensation, holds exclusive jurisdiction over disputes concerning employers' liability insurance coverage periods and if a challenge to a Division rule was ripe for adjudication. The case originated from a wrongful death claim against AJ Commercial, whose insurance carrier, Texas Mutual, sought a declaratory judgment that the employers' liability policy had expired. The district court had granted the Division's plea to the jurisdiction, finding exclusive jurisdiction and lack of ripeness for the rule challenge. The appellate court reversed, ruling that the Division does not have exclusive jurisdiction over employers' liability coverage disputes when no worker's compensation benefits claim is pending and that the rule challenge was indeed ripe, remanding the case for further proceedings.

Workers' Compensation LawEmployer Liability InsuranceExclusive JurisdictionRipeness DoctrineDeclaratory JudgmentAdministrative LawInsurance Coverage DisputeStatutory InterpretationAppellate ReviewTexas Court of Appeals
References
25
Case No. 03-13-00300-CV
Regular Panel Decision
Feb 26, 2015

Adrian Tijerina v. Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd's Insurance Company and the Texas Department of Insurance, Division of Workers' Compensation

Adrian Tijerina appealed the dismissal of his case against the Texas Property Casualty Insurance Guaranty Association (Association) and the Texas Department of Insurance, Division of Workers’ Compensation (Division). Tijerina, who sustained a back injury in 1987, sought to enforce a 1989 judgment for future medical benefits, alleging the Association refused to pay for back surgery and the Division improperly refused jurisdiction. The Ector County court transferred the case to Travis County, and the Travis County district court dismissed it for lack of jurisdiction. The appellate court affirmed the trial court's order, ruling that the venue transfer was proper, Tijerina's claim against the Division was barred by sovereign immunity and failure to exhaust administrative remedies, and his claim against the Association was not ripe because the compensability of the desired surgery had not been determined by the Division.

Workers' CompensationJurisdictionPlea to the JurisdictionVenue TransferAdministrative RemediesRipeness DoctrineSovereign ImmunityDeclaratory JudgmentMedical BenefitsBack Surgery
References
17
Case No. 15-25-00012-CV
Regular Panel Decision
Mar 17, 2025

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

This is an interlocutory appeal from a denial-in-part of Appellants’ plea to the jurisdiction. Appellee filed an action against the State of Texas, TFC, HHSC, Executive Director Mike Novak of TFC, and Deputy Executive Commissioner for System Support Services Division of HHSC Rolland Niles alleging causes of action for breach of lease, ultra vires conduct related to the termination of the lease, and declaratory relief. Appellants argue that the trial court erred in denying their plea because Chapter 114 of the Texas Civil Practices and Remedies Code does not waive sovereign immunity for the State of Texas, HHSC, or TFC for breach of lease claims, and the lease is not a contract for goods or services covered by Chapter 114. Furthermore, Appellants contend that the Uniform Declaratory Judgments Act (UDJA) does not waive sovereign immunity for Appellee's declaratory judgment claim as it does not challenge the constitutionality or validity of a statute, and Appellee has not alleged a cognizable ultra vires claim against the state officials. Appellants seek reversal of the partial denial of their plea to the jurisdiction and dismissal of Appellee's claims.

Sovereign ImmunityBreach of LeaseDeclaratory JudgmentUltra ViresTexas Civil Practices and Remedies CodeTexas Government CodeAppellate ProcedureJurisdictionState AgenciesContract Law
References
44
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. County of Monroe

Wachtler, J., dissents, arguing that the Appellate Division's order should be reversed because substantial evidence supports the State Human Rights Division's determination that Monroe County discriminated against a complainant due to his physical disability. The complainant, a Vietnam War veteran with a combat injury affecting his right knee, was hired as a maintenance mechanic by Monroe County. Despite satisfactorily performing all duties, he was fired after an employment physical revealed he could not assume a full squatting position. The county admitted firing him due to his disability but failed to provide factual support that his disability hampered his job performance or posed a safety risk, relying instead on abstract assumptions. This decision, the dissent argues, undermines the Human Rights Law's purpose to protect individuals from discrimination based on unreasonable fears, especially given the complainant's disability resulted from military service.

Physical DisabilityDiscriminationEmployment LawHuman Rights LawVietnam VeteranMonroe CountyWrongful TerminationAppellate DivisionDissenting OpinionWorkplace Discrimination
References
1
Case No. 03-96-00415-CV
Regular Panel Decision
Aug 28, 1997

Workers' Compensation Division, Office of the Attorney General of Texas v. Beverly De La Zerda and Rudy De La Zerda

The Workers' Compensation Division, Office of the Attorney General of Texas, appealed a judgment concerning a personal injury suit. Appellee Beverly de la Zerda, a state employee, and Rudy de la Zerda, sued Americlean Concepts after Beverly sustained injuries at work. Following a settlement between the de la Zerdas and Americlean, the trial court issued a final take-nothing judgment. Subsequently, the de la Zerdas moved to allocate the settlement proceeds, a proposal objected to by the Division, which asserted its subrogation interest. The appellate court dismissed the appeal for lack of jurisdiction, ruling that the Division's petition to intervene was untimely as the original final judgment had not been set aside.

Workers' CompensationPersonal InjuryJurisdictionInterventionFinal JudgmentSettlement AllocationSubrogationAppellate ProcedureTimelinessLien
References
6
Case No. MISSING
Regular Panel Decision

Claim of Groth v. Daimler Chrysler Corp.

This legal motion pertained to a request for leave to appeal from an Appellate Division order. The Appellate Division had previously denied reargument in the underlying case. The court dismissed the motion for leave to appeal, reasoning that the Appellate Division's order did not constitute a final determination as defined by the Constitution. Separate from this, any other aspects of the motion for leave to appeal were also denied.

References
1
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