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

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. MISSING
Regular Panel Decision

Fabijanic v. Sperry Gyroscope Division

Petitioner Nicholas Fabijanic, representing the Engineers Union, sought to compel Sperry Gyroscope Division and Sperry Systems Management Division to arbitrate a grievance concerning a collective bargaining agreement. The dispute arose after Systems' employees, previously working at the Mississippi Test Facility (MTF) on the National Data Buoy Project, were offered employment with Sperry Space Support, another division, which would result in loss of union coverage. The Union contended the agreement should still apply. The court denied the motion, ruling that the employees had voluntarily accepted employment with an autonomous entity not party to the agreement, thus making the grievance non-arbitrable under the existing contract.

ArbitrationCollective Bargaining AgreementGrievanceUnion RepresentationEmployee TransferSperry Rand CorporationNational Labor Relations BoardFederal CourtLabor LawEmployer-Employee Relations
References
3
Case No. MISSING
Regular Panel Decision

Suffolk County Community College v. New York State Division of Human Rights

This case involves a proceeding initiated by Suffolk County Community College to review a determination by the New York State Division of Human Rights. The Division had previously found the college guilty of unlawful racially discriminatory practices and retaliation against an employee, awarding $50,000 in compensatory damages. The Division of Human Rights cross-petitioned to enforce this determination. Following a reversal and remittal by the Court of Appeals, the Appellate Division reviewed the matter. The court denied the branch of the cross-petition seeking to enforce the $50,000 compensatory damages award, finding it excessive due to insufficient evidence regarding the duration, severity, or consequences of the complainant's mental anguish related to racial discrimination. The determination was otherwise confirmed, and the case was remitted to the New York State Division of Human Rights for a new award of compensatory damages not exceeding $5,000.

Racial DiscriminationRetaliationCompensatory DamagesExcessive DamagesMental AnguishAdministrative Law ReviewHuman Rights LawAppellate ReviewRemittalSufficiency of Evidence
References
8
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. MISSING
Regular Panel Decision

Consolidated Edison Co. v. New York State Division of Human Rights

This is a dissenting opinion concerning an appeal by Con Edison against a decision by the New York State Division of Human Rights. The Division found Con Edison discriminated against Pamela Easton, a Black female employee, based on sex and race by denying her promotions to management positions. Easton, despite seniority and experience, was bypassed for promotions in favor of less experienced white male employees whom she had often trained. The Division ordered Con Edison to offer Easton a supervisory position with back pay, benefits, and $10,000 for humiliation and mental anguish. The dissenting judge believes there was substantial evidence to support the Division's determination and would have confirmed its order, thereby dismissing Con Edison's petition.

Employment DiscriminationRace DiscriminationSex DiscriminationPromotional DenialSubstantial Evidence ReviewAdministrative Agency DecisionHuman Rights LawAppellate ReviewDissenting OpinionSeniority
References
4
Case No. MISSING
Regular Panel Decision

Cluett, Peabody & Co. v. New York State Division of Human Rights

This case addresses whether an arbitration proceeding, which determined a job classification was not discriminatory under a collective bargaining agreement but explicitly stated it lacked authority to rule on Human Rights Law violations, bars a subsequent proceeding before the State Division of Human Rights. Employees Betty Lingle and Joan Skinner initially filed a grievance and later complaints with the State Division of Human Rights alleging sex discrimination after their termination. Following an arbitration decision that denied relief but did not address Human Rights Law issues, their employer, Cluett, Peabody & Co., Inc., sought a judgment declaring the Division lacked jurisdiction due to election of remedies. The court, presided over by John W. Sweeny, J., held that the arbitration did not constitute an election of remedies precluding the State Division from proceeding, as the arbitrator had no authority to decide Human Rights Law issues. Consequently, the employer's motion to dismiss the complaint was granted, allowing the Human Rights Commission to continue with the employees' complaints.

DiscriminationSex DiscriminationHuman Rights LawArbitrationCollective Bargaining AgreementExclusive RemedyJurisdictionState Division of Human RightsSeniority RightsElection of Remedies
References
3
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. 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. MISSING
Regular Panel Decision

People v. Distributors Division, Smoked Fish Workers Union, Local No. 20377

The Attorney-General initiated an action seeking a permanent injunction against the Distributors Division, Smoked Fish Workers Union, Local No. 20377, its president Murray Brodsky, and business agent Jack Flaum. The complaint alleged that the defendants engaged in an illegal combination, violating New York's Donnelly Anti-Trust Law (General Business Law § 340), by coercing manufacturers and retailers in the smoked fish industry to deal exclusively with Distributors Division members. Although the defendants claimed exemption as a bona fide labor union, the court found that the Distributors Division was merely a jobbers association disguised as a union to create a monopoly and restrain trade. The organization's activities involved threats, intimidation, and misleading picketing to compel adherence to its demands, ultimately harming competition and forcing retailers to pay higher prices. Consequently, the court ruled that the injunction should be granted, concluding that the Distributors Division was not a legitimate labor union and its practices were illegal.

anti-trustmonopolylabor unioninjunctiontrade restraintGeneral Business LawDonnelly Actjobbers associationcoercionpicketing
References
3
Case No. 02-11-00059-CV
Regular Panel Decision
Oct 20, 2011

Liberty Mutual Insurance Company AND Texas Department of Insurance, Division of Workers' Compensation v. Ricky Adcock

This case involves an appeal by Liberty Mutual Insurance Company and the Texas Department of Insurance, Division of Workers’ Compensation, challenging a trial court's summary judgment in favor of Ricky Adcock. Appellants argued that the Division had jurisdiction to review a 1997 award of Lifetime Income Benefits (LIBs) to Adcock. Adcock had received LIBs in 1997 due to a total and permanent functional loss of use of his right foot and hand from a 1991 injury. Liberty Mutual sought to reopen the case, asserting Adcock was no longer entitled to LIBs. The district court, however, agreed with Adcock, ruling that the Division lacked jurisdiction to revisit the LIBs issue. The Court of Appeals affirmed the trial court's judgment, concluding that the Division has no express or implied authority under Labor Code section 408.161 to review LIBs after initial administrative and appellate remedies are exhausted, given the legislature's intent as evidenced by the statutory language and the absence of a review provision unlike other benefit types.

JurisdictionLifetime Income BenefitsWorkers' Compensation ActStatutory ConstructionAdministrative Agency PowersRes JudicataCollateral EstoppelTexas Labor CodeSummary JudgmentAppellate Review
References
23
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