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

Case No. 13-17-00346-CV
Regular Panel Decision
May 09, 2019

Audrey Nickerson v. Julio Pineda and Unique Employment, LLC, Unique Employment Services, Unique Employment I, LTD, D/B/A Unique Employment Services

Audrey Nickerson, an employee of the City of Corpus Christi, sued Julio Pineda, a temporary worker, and Unique Employment Services for negligence after Pineda, operating a City-owned backhoe, caused an injury. Appellees filed a plea to the jurisdiction, which the trial court granted. The appellate court affirmed the dismissal of claims against Pineda, determining he qualified as a government employee under the Texas Tort Claims Act and was therefore immune from suit. However, the court reversed the dismissal of claims against Unique Employment Services, concluding that the borrowed-employee doctrine, on which Unique relied, is an affirmative defense to liability and not a jurisdictional matter properly addressed in a plea to the jurisdiction. The case against Unique was remanded for further proceedings.

Plea to the JurisdictionGovernmental ImmunityTexas Tort Claims ActElection of RemediesBorrowed Employee DoctrineNegligenceTemporary StaffingVicarious LiabilityAppellate ReviewSubject Matter Jurisdiction
References
35
Case No. MISSING
Regular Panel Decision

Claim of Littles v. New York State Department of Corrections

A claimant was injured in an automobile accident approximately 10 feet from her workplace entrance, a prison. She applied for workers' compensation benefits. A Workers’ Compensation Law Judge initially established the claim, but the Workers’ Compensation Board reversed this decision, finding that the claimant did not sustain an accidental injury arising out of and in the course of her employment. On appeal, the court affirmed the Board's decision, concluding that there was no evidence of a special hazard at the accident location or a close association of the access route with the employer's premises that would make the accident compensable as a risk of employment.

Workers' CompensationAutomobile AccidentCourse of EmploymentArising Out of EmploymentSpecial HazardAccess RoutePublic RoadOff-premises InjuryCommuting AccidentWorkers' Compensation Board Appeal
References
8
Case No. MISSING
Regular Panel Decision
Feb 02, 2006

Claim of Melo v. Jewish Board of Family & Children's Services, Inc.

This case involves an appeal from a Workers’ Compensation Board decision. The claimant, a night shift direct care worker, was assaulted and raped by a stranger in her workplace at the Jewish Board of Family and Children’s Services, Inc. in 1997. The Board determined that her injury did not arise out of her employment. The Appellate Division, Third Department, affirmed the Board's decision. The court found no causal link between the claimant's employment and the attack, noting it did not occur while she was performing duties, the building was not identified as her specific workplace, the assailant was not a coworker, and there was no employment-related motivation or increased risk from her work environment.

Assault in workplaceRapeInjury arising out of employmentCourse of employmentCausal relationshipWork environment riskEmployer liabilityWorkers' Compensation Board appealUnidentified assailantOff-duty injury
References
7
Case No. MISSING
Regular Panel Decision
May 06, 2005

Claim of Fiero v. New York City Department of Housing Preservation & Development

Claimant's decedent, an employee of the New York City Department of Housing Preservation and Development, was struck by a truck and died 16 days later after parking his car across the street from his office. Due to a heart condition, his employer had arranged for him to park in this lot. A Workers’ Compensation Law Judge initially established the case for accident, notice, and causal relationship, awarding benefits. However, the Workers’ Compensation Board reversed, finding the accident did not arise out of and in the course of employment. The appellate court affirmed the Board's decision, concluding there was no special hazard at the off-premises location and the route was not controlled or endorsed by the employer, thus the accident was not a work-related hazard.

Workers CompensationScope of EmploymentGoing and Coming RuleSpecial Hazard ExceptionPublic Highway AccidentOff-Premises InjuryCausal RelationshipDeath BenefitsAppellate ReviewEmployer Liability
References
7
Case No. MISSING
Regular Panel Decision

Elena E. Francisco, Inc. v. Texas Employment Commission

Manuel Diaz, a supervisor, was discharged from his employment for allegedly lying about a December 6, 1987 incident involving alleged marihuana use. The Texas Employment Commission (TEC) granted him unemployment compensation benefits, finding no misconduct. The employer appealed this decision, raising two points of error: (1) insufficient evidence to support the TEC's ruling and (2) trial court error in excluding evidence of other misconduct not presented to the Commission. The appellate court affirmed the district court's decision, which had upheld the TEC's ruling, emphasizing that the 'substantial evidence' rule is the correct standard of review for TEC decisions, despite statutory language implying a de novo trial. The court also found no error in the trial court's handling of the additional misconduct evidence.

Unemployment BenefitsEmployment TerminationWorkplace MisconductLyingMarihuana UseSubstantial Evidence ReviewTrial De NovoAppellate ProcedureAdministrative LawTexas Law
References
6
Case No. MISSING
Regular Panel Decision

Claim of McLeod v. Ground Handling, Inc.

This case addresses whether an accident occurring on a public street, away from the immediate place of employment but near the workplace, arose out of and in the course of employment. The court examined the 'gray area' where risks of street travel merge with employment risks, emphasizing the need for a special hazard at the accident point and a close association of the access route with the premises. The Board found no special hazard on the county road, which was used by the general public and not controlled by the employer. Consequently, the accident was deemed a risk shared by the general public, not related to the claimant's employment. The decision affirming the Board's finding that the injury did not arise out of and in the course of employment was upheld.

Workers' CompensationCourse of EmploymentOff-premises AccidentSpecial Hazard RuleStreet RiskGoing and Coming RulePublic RoadAccess RouteEmployer ControlAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Blair v. Texas Employment Commission

William G. Blair appealed an order requiring him to produce employment and payroll records to the Texas Employment Commission (TEC). Blair claimed the records were privileged under the Fourth, Fifth, and Fourteenth Amendments, fearing self-incrimination, and offered to produce them only if granted immunity. The Attorney General then filed an application in the 72nd District Court of Lubbock County, which ordered Blair to produce the records. The appellate court affirmed the trial court's judgment, applying the "required records" doctrine, which is an exception to the self-incrimination privilege for records mandated by law for governmental regulation, especially concerning public welfare and the collection of taxes for unemployment compensation.

Required Records DoctrineSelf-IncriminationFifth AmendmentFourth AmendmentFourteenth AmendmentEmployment RecordsPayroll RecordsAdministrative SubpoenaGovernmental RegulationPublic Welfare
References
4
Case No. MISSING
Regular Panel Decision

Illinois Employers Insurance Co. of Wausau v. Lewis

This appellate case addresses a default judgment entered against defendants, Illinois Employers Insurance Company of Wausau and Employers Mutual Liability Insurance Company of Wisconsin, in a worker's compensation suit. The trial court struck the defendants' pleadings for failing to answer interrogatories and denied their request for a jury trial on damages. The appellate court ruled that the trial court abused its discretion by imposing such harsh sanctions without a prior order compelling discovery. It also found error in denying the jury trial on unliquidated damages. Consequently, the judgment was reversed, and the cause was remanded for further proceedings.

Worker's CompensationDefault JudgmentDiscovery SanctionsInterrogatoriesTexas Civil ProcedureAbuse of DiscretionRight to Jury TrialDamagesAppellate ReviewRemand
References
14
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Lee

This worker's compensation case concerns Franklin N. Lee, a carpenter employed by Sabine Consolidated, Inc., who sustained severe injuries on June 28, 1975. The injury occurred after his work shift, within his employer's designated parking area on the construction site, while he was attempting to clear a path for his car by moving a company compressor. The defendant, Texas Employers’ Insurance Association, appealed a jury verdict that found Lee's injury occurred in the course of his employment, challenging the application of the 'access doctrine.' The 'access doctrine' posits that employment includes a reasonable margin of time and space for an employee to pass to and from work, extending to injuries sustained on premises owned or controlled by the employer or closely related thereto. The appellate court affirmed the judgment, concluding that there was sufficient factual evidence to support the jury's finding under the access doctrine.

Worker's CompensationAccess DoctrineCourse of EmploymentEmployer LiabilityPremises InjuryJury VerdictAppellate AffirmationStatutory InterpretationIngress EgressTexas Civil Statute
References
16
Case No. MISSING
Regular Panel Decision

Employers Casualty Co. v. Dyess

This case addresses the subrogation rights of a workers' compensation carrier (Employers Casualty Co.) in relation to the employer's uninsured motorist coverage provided by Northbrook Property and Casualty Co. Carl L. Dyess, Jr., an employee, received workers' compensation benefits from Employers after being struck by an uninsured driver, Felipe Mendoza, during his employment. Dyess then sought recovery under his employer's uninsured motorist policy with Northbrook. Employers intervened, asserting statutory, contractual, and equitable subrogation rights for the benefits paid. The trial court granted summary judgment against Employers, ruling its subrogation rights did not extend to uninsured motorist coverage. The appellate court reversed, holding that statutory subrogation rights are not limited to third-party tortfeasors and that policy clauses attempting to abrogate these statutory rights are invalid. The case was remanded for further proceedings consistent with the opinion, emphasizing the carrier's right to reimbursement to prevent double recovery by the employee.

Workers' CompensationSubrogation RightsUninsured Motorist CoverageSummary JudgmentStatutory InterpretationContractual LiabilityEquitable SubrogationInsurance LawTexas LawThird-Party Tortfeasor
References
38
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