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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

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. Hutchinson

This is a workers' compensation death case where Mary Jane Hutchinson sought benefits for her son, George W. Hutchinson, who died in an automobile accident while allegedly in the course and scope of his employment with Ford Motor Credit Corporation. The jury found in favor of the plaintiff, but Employers Casualty Company appealed, challenging the sufficiency of the evidence and the trial court's refusal to instruct the jury on the "dual-purpose travel doctrine." The appellate court affirmed the trial court's judgment, finding sufficient evidence to support the jury's finding that the decedent was in the course of his employment and that the dual-purpose travel doctrine was not applicable to the fatal trip.

Workers' CompensationDeath BenefitsCourse and Scope of EmploymentAutomobile AccidentDual-Purpose Travel DoctrineAppellate ReviewJury VerdictSufficiency of EvidenceStatutory InterpretationEmployer's Affairs
References
9
Case No. 2016 NY Slip Op 08300 [145 AD3d 492]
Regular Panel Decision
Dec 08, 2016

Netzahuall v. All Will LLC

This case concerns an appeal regarding the denial of defendant Lime Light's cross-motion to dismiss common-law indemnification claims brought by defendant All Will LLC. The plaintiff, Gabriel Netzahuall, an employee of Lime Light, sustained injuries but not a "grave injury" as defined by Workers' Compensation Law § 11. Although the Workers' Compensation Board previously determined Lime Light to be the plaintiff's employer, the Appellate Division affirmed the lower court's finding that All Will, the premises owner, was not collaterally estopped from challenging this determination. The court reasoned that All Will was not a party to the prior Workers' Compensation proceeding and therefore did not have a full and fair opportunity to litigate the issue of plaintiff's employer.

indemnificationcollateral estoppelWorkers' Compensation Lawemployer-employee relationshipgrave injurypremises liabilityappellate practicestatutory interpretationprivity of partieslitigation opportunity
References
4
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

Gore v. Amoco Production Co.

This case concerns a common law personal injury action brought by an employee against her employer. The plaintiff was injured after falling over a roll of carpeting at work and subsequently received a settlement from the employer's compensation carrier under the Texas Workers’ Compensation Act. Despite this, she asserted a common law action, arguing the employer was liable in a dual capacity as both employer and occupier of the premises. The trial court granted summary judgment for the employer, citing the exclusivity provisions of the Workers' Compensation Act. The appellate court affirmed this decision, rejecting the 'dual capacity' doctrine based on strong precedent from Cohn v. Spinks Industries, Inc., which emphasized that the Workers' Compensation Law represents the exclusive remedy in Texas.

Dual Capacity DoctrineWorkers' Compensation ActExclusivity ProvisionCommon Law ActionSummary JudgmentPersonal InjuryEmployer LiabilityPremises LiabilityAppellate ReviewLegal Precedent
References
3
Case No. MISSING
Regular Panel Decision

Christian v. Texas Employers Insurance Ass'n

This worker's compensation case involves an appeal by Charles Edward Christian and Travelers Indemnity Company of Rhode Island against a summary judgment granted to Texas Employers Insurance Association. Texas Employers, carrier for Affiliated Food Stores, Inc., originally sued to set aside an award to Christian, naming Christian and Travelers (carrier for Cannon Protective Services, Inc.) as defendants. Christian had cross-claimed alleging dual employment with Affiliated and Cannon. The trial court's summary judgment in favor of Texas Employers was based on the finding that Christian was an employee of Cannon, not Affiliated, at the time of injury. The appellate court reversed, finding a genuine issue of material fact regarding whether Christian was an employee of Affiliated or a 'special employee' under the borrowed servant doctrine, and remanded the case for trial on the merits.

Worker's CompensationDual EmploymentBorrowed Servant DoctrineSummary JudgmentRight to ControlSpecial EmployeeEmployer LiabilityInsurance CarrierAppellate ReviewRemand
References
8
Case No. 07-01-0322-CV
Regular Panel Decision
Sep 19, 2002

Texas Worker's Compensation Insurance Fund v. Alisha Byrd, Beneficiary of Melvin R. Byrd, Richard Walters and Pacific Employers Insurance Company

The Texas Workers’ Compensation Insurance Fund appealed a summary judgment that favored Alisha Byrd, Richard Walters, and Pacific Employers Insurance Company. The Fund sought to overturn decisions by the Texas Workers’ Compensation Commission’s Appeals Panel regarding the employment status of Melvin Byrd and Richard Walters at the time of their injuries. The core dispute revolved around whether Elliott Machine Shop or Entergy/Gulf States was the employer under the "borrowed servant" doctrine. The trial court affirmed the Commission’s finding that Elliott was the employer. The Court of Appeals found no inconsistency in the contractual provisions concerning employer control and deemed PEIC’s summary judgment evidence sufficient to negate the "borrowed servant" claim. Consequently, the appellate court affirmed the trial court’s judgment, overruling all of the Fund’s issues.

Borrowed Servant DoctrineSummary Judgment ReviewEmployer Liability DisputeInsurance Coverage ClaimAppeals Panel DecisionsContract InterpretationRight of Control TestEmployee Status DeterminationAppellate AffirmationTexas Civil Procedure
References
7
Case No. 14-09-00072-CV
Regular Panel Decision
Aug 31, 2010

Tim Johnson and Ed White v. Waxahachie Independent School District

Appellants Tim Johnson and Ed White sued their former employer, Waxahachie Independent School District (WISD), for unlawful termination, alleging retaliation for filing an employment grievance under Texas Government Code section 617.005. The trial court granted summary judgment to WISD, which the appellants appealed, seeking recognition of a new cause of action or a judicial exception to the employment-at-will doctrine. The Fourteenth Court of Appeals affirmed the trial court's decision, concluding that section 617.005 does not create an implied statutory cause of action for damages. The court declined to expand common-law exceptions to the at-will employment doctrine, leaving such tasks to the Legislature and the Texas Supreme Court respectively. Accordingly, the trial court's judgment was affirmed.

Employment LawRetaliatory DischargeEmployment-at-Will DoctrineSummary JudgmentTexas Government CodePublic EmployeesGrievanceStatutory InterpretationJudicial ExceptionsAppellate Review
References
22
Case No. 342 S.W. 2d 555
Regular Panel Decision
Feb 01, 1961

Texas Employment Commission v. Amlin

This case addresses whether employees of Big Smith Manufacturing Company were eligible for unemployment benefits after a two-week plant shutdown, during which work was unavailable and some employees received no vacation pay based on seniority. The union agreement dictated vacation terms, and while employees were ready and willing to work, the plant was closed. The Texas Employment Commission initially denied benefits, but the Court of Civil Appeals reversed, a decision upheld by the Supreme Court of Texas. The Supreme Court affirmed that the claimants did not voluntarily leave their employment without good cause, consistent with previous companion cases, thereby entitling them to unemployment compensation. The decision clarified the interpretation of the 'voluntarily without good cause' disqualification under the Texas Unemployment Compensation Act regarding union-negotiated shutdowns.

Unemployment BenefitsVacation PayPlant ShutdownUnion AgreementSeniorityDisqualification CriteriaVoluntary LeavingGood CauseTexas Unemployment Compensation ActCollective Bargaining
References
6
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