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

Case No. 03-03-00176-CV
Regular Panel Decision
Dec 04, 2003

Texas Workers' Compensation Insurance Fund/Texas Workers' Compensation Commission and Leonard D. Watts v. Texas Workers' Compensation Commission and Leonard D. Watts/Texas Workers' Compensation Insurance Fund

This case involves a cross-appeal stemming from a workers' compensation claim by Leonard D. Watts, who sought lifetime income benefits for injuries sustained as a truck driver. The Texas Workers' Compensation Commission (appeals panel) initially reversed a hearing officer's decision and awarded Watts benefits, but this decision was later set aside by a Travis County district court. In this appeal, the Texas Workers' Compensation Insurance Fund (Texas Mutual) and the Commission challenged the district court's ruling. The Court of Appeals addressed arguments regarding the appeals panel's statutory authority for factual-sufficiency review and the interpretation of "issue" under the labor code, including legal doctrines of res judicata and collateral estoppel. The court ultimately reversed the judgment of the district court, thereby affirming the decision of the Commission's appeals panel which granted Watts lifetime income benefits.

Workers' CompensationLifetime Income BenefitsAppeals Panel ReviewFactual SufficiencyStatutory AuthorityCross-AppealRes JudicataCollateral EstoppelCausationMaximum Medical Improvement
References
17
Case No. 2021 NY Slip Op 00612 [191 AD3d 1088]
Regular Panel Decision
Feb 04, 2021

Matter of Clancy v. Park Line Asphalt Maintenance

Celia Clancy, an office manager, filed a claim for workers' compensation benefits, asserting that her repetitive work activities for Park Line Asphalt Maintenance aggravated her pre-existing bilateral carpal tunnel syndrome and herniated cervical discs, causing a disability. Although she had a history of these conditions and had received prior Social Security disability benefits and undergone multiple surgeries, she had returned to full duty work. The Workers' Compensation Board disallowed her claim, concluding that her conditions were not dormant and nondisabling prior to her employment with Park Line, thus precluding an occupational disease claim based on exacerbation. However, the Appellate Division, Third Department, reversed the Board's decision, finding no evidence that her pre-existing conditions were disabling in a compensation sense before the alleged disablement date. The matter was remitted to the Workers' Compensation Board for further proceedings consistent with the Appellate Division's determination.

Occupational DiseaseCarpal Tunnel SyndromeHerniated Cervical DiscsPre-existing ConditionAggravation of ConditionDormant and Nondisabling ConditionWorkers' Compensation BenefitsAppellate ReviewRemandOffice Manager
References
10
Case No. 07-02-0169-CV
Regular Panel Decision
Jan 14, 2003

Texas Workers' Compensation Commission v. Texas Workers' Compensation Insurance Fund

The Texas Workers' Compensation Commission (Commission) appealed a summary judgment that relieved the Texas Worker's Compensation Insurance Fund (Insurance Fund) of liability for workers' compensation benefits to Glenn Everett, the real party of interest. The Commission contended that the Texas Workers' Compensation Act abrogates the common law defense of election of remedies and that Everett did not make an election. Everett had previously settled a personal injury suit for $37,500 and later pursued a worker's compensation claim. The Court of Appeals affirmed the trial court's decision, finding that the Act does not abrogate the election of remedies defense and that Everett made an informed choice to elect remedies by settling his claim after consulting with attorneys, thus barring his right to workers' compensation benefits.

Workers' CompensationElection of RemediesSummary JudgmentTexas Appellate CourtStatutory InterpretationCommon Law DefenseIndemnificationSettlement AgreementEmployee StatusInsurance Fund Liability
References
18
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. 03-94-00124-CV
Regular Panel Decision
May 24, 1995

Texas Workers' Compensation Commission, the Subsequent Injury Fund, and Todd Brown in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission v. the City of Bridge City, Texas, and the Texas Municipal League Intergovernmental Risk Pool

The Texas Workers' Compensation Commission and other appellants appealed a trial court's declaratory judgment and permanent injunction that found parts of the Texas Workers' Compensation Act unconstitutional. The trial court's decision was based on alleged violations of the Texas Constitution, particularly regarding the requirement of immediate payment of benefits during an appeal without reimbursement. The appellate court reversed the trial court's judgment, dissolved the injunction, and rendered a declaratory judgment affirming the constitutionality of the statutory scheme. The court reasoned that municipal corporations are not protected by certain constitutional provisions and that the 'suitability' of laws is a political question. It concluded that the payment scheme was rationally related to the state's interest in securing prompt payments to injured workers.

Texas Court of AppealsWorkers' Compensation ActConstitutional LawDeclaratory JudgmentPermanent InjunctionDue ProcessMunicipal CorporationsGovernmental ImmunityStatutory InterpretationLegislative Power
References
24
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
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. 14-03-00073-CV
Regular Panel Decision
May 29, 2003

in Re: Tyler Asphalt & Gravel Company, Inc.

The relator, Tyler Asphalt & Gravel Company, Inc., sought a writ of mandamus against Respondent, Judge Sharolyn Woods, to compel the abatement of a negligence lawsuit filed by Maria and Donacino Gaona in Harris County. The underlying suit stemmed from the electrocution death of Reynaldo Gaona, a Tyler employee, on Tyler's premises. The central issue was whether Reynaldo's death occurred within the course and scope of his employment, a matter already undergoing workers' compensation proceedings and judicial review in Smith County. Tyler argued that the Smith County court held exclusive jurisdiction over this determination, necessitating the abatement of the Harris County negligence case. The Fourteenth Court of Appeals agreed, concluding that judicial review is an integral part of the exclusive workers' compensation process and that the trial court abused its discretion by not granting abatement. The writ of mandamus was conditionally granted.

MandamusAbatementExclusive JurisdictionWorkers' CompensationCourse and Scope of EmploymentJudicial ReviewTexas Workers' Compensation ActNegligenceSubject Matter JurisdictionConflicting Judgments
References
40
Case No. MISSING
Regular Panel Decision

Local 175, United Plant & Production Workers v. Thompson

Local 175, a labor union, initiated a CPLR article 78 petition challenging the Comptroller of the City of New York's 2009-2010 prevailing wage schedules for asphalt workers. Local 175 contended that it was the predominant union for asphalt pavers and that the Comptroller should have based the prevailing wage on its collective bargaining agreement, which offered higher rates than those determined by Local 1018's agreement. The Comptroller cross-moved to dismiss the petition, arguing that under Labor Law § 220 (6), only employers, not labor organizations, have standing to contest such determinations. The court agreed with the Comptroller, rejecting Local 175's arguments and declining to follow a prior ruling that had granted standing to a union in a similar context. The court held that the Legislature intended to limit standing to employers, thus Local 175 lacked the legal capacity to challenge the prevailing wage rate determination. Consequently, the court granted the Comptroller's cross-motion and dismissed the petition.

Prevailing wageLabor Law § 220CPLR article 78Standing doctrineFiscal officerCollective bargaining agreementPublic workAsphalt workersNew York City ComptrollerLabor union
References
5
Case No. MISSING
Regular Panel Decision

Pasqualini v. Sheet Metal Workers' National Pension Fund

This case involves principals of Zodiac Industries, Inc. (Carl, Ann, Frank Pasqualini, and Sarah Lido) who sued the Sheet Metal Workers’ National Pension Fund, the International, and Local 38 over pension service credits. The plaintiffs sought fifteen years of past service credit, which they claimed was promised to them to induce Zodiac to sign a collective bargaining agreement (CBA). The Fund denied these credits, citing plan rules. The Court, however, found that 'extraordinary circumstances' warranted applying the principle of estoppel against the Fund. The court ruled in favor of the four owner-members, declaring them entitled to fifteen years of past service credit and ordering the Fund to reconsider their pension applications. Claims brought by other employees and against the Sheet Metal Workers’ International Association and Local 38 were dismissed.

ERISAPension BenefitsPast Service CreditEstoppelCollective Bargaining AgreementUnion OrganizingContract EnforcementEmployee Benefit PlanFiduciary DutyDistrict Court
References
12
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