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

Case No. 02-22-00055-CV
Regular Panel Decision
Nov 23, 2022

Seth Bookout, Leslye Romero, and Ryan Gallagher v. Jonathan Shelley and Stedfast Baptist Church

This accelerated interlocutory appeal stems from a denial of a motion invoking the Texas Citizens Participation Act (TCPA). Appellants Seth Bookout, Leslye Romero, and Ryan Gallagher sought to dismiss a lawsuit filed by Appellees Jonathan Shelley and Stedfast Baptist Church. The dispute concerns an internal church struggle over control of Stedfast, with Appellants purporting to terminate Shelley as pastor and seizing bank accounts. Appellees responded with claims for declaratory judgment, conversion, and defamation. The appellate court affirmed the trial court's order, finding that while some defamation claims were barred by the ecclesiastical abstention doctrine, the court retained jurisdiction over other defamation claims, declaratory relief, and conversion claims, for which Appellees established a prima facie case. The award of attorney's fees to Appellees was also upheld.

Texas Citizens Participation ActEcclesiastical Abstention DoctrineChurch Governance DisputeDefamation ClaimConversion ClaimDeclaratory JudgmentNonprofit OrganizationBoard of DirectorsPastoral AuthorityFreedom of Speech
References
134
Case No. ADJ4673316 (OAK 0337538)
Regular
Dec 16, 2019

JUAN MONDRAGON vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and remanded for further proceedings, primarily due to the WCJ's failure to adequately document the issues in controversy. The Board clarified that for Subsequent Injuries Benefits Trust Fund (SIBTF) claims, pre-existing and subsequent disabilities should be added together, not combined using the Combined Values Chart, citing *Bookout*. The Board also noted that the issue of commuting attorney's fees in SIBTF cases was not disputed and would be amended accordingly.

Subsequent Injuries Benefits Trust FundSIBTFPermanent DisabilityCombined Values ChartCVCAddition of DisabilitiesAttorneys' FeesCommutationReconsiderationFindings of Fact and Award
References
11
Case No. ADJ9443336 ADJ9779744
Regular
Nov 25, 2019

JAMES KWASIGROCH vs. SUBSEQUENT INJURIES BENEFIT TRUST FUND OF CALIFORNIA

This case concerns the calculation of combined permanent disability for Subsequent Injuries Benefit Trust Fund (SIBTF) benefits. The applicant, James Kwasigroch, received awards for a prior disability of 63% and a subsequent disability of 74%. The central dispute was whether to add these percentages directly or use a Combined Values Chart (CVC) as the trial judge did. The Appeals Board reversed the trial judge's decision, holding that non-overlapping prior and subsequent disabilities should be added based on the precedent set in *Bookout v. Workers' Comp. Appeals Bd.* This resulted in a finding of 100% combined permanent disability and an adjustment to attorney's fees.

Subsequent Injuries Benefit Trust FundCombined Values ChartBookout v. Workers' Comp. Appeals Bd.Permanent Disability RatingApportionmentMultiple Disabilities TablesPyramidingOverlapNon-overlapping disabilitiesLabor Code section 4751
References
9
Case No. ADJ10499724
Regular
Mar 07, 2025

Victoria Lee vs. Subsequent Injuries Benefits Trust Fund

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a December 4, 2024 Findings and Order, arguing that the WCJ incorrectly failed to apportion the industrial injury to preexisting disability when determining if Victoria Lee met the 35% permanent disability eligibility threshold for SIBTF benefits. The Appeals Board denied the petition, adopting the WCJ's Report and Recommendation. The Board reiterated that, based on prior case law, including Bookout v. Workers' Comp. Appeals Bd. and subsequent panel decisions, apportionment is excluded when calculating whether an applicant meets the 35% threshold for SIBTF benefits under Labor Code Section 4751.

Subsequent Injuries Benefits Trust FundReconsiderationPermanent DisabilityApportionmentThresholdLabor Code Section 4751BookoutToddAnguianoHeigh
References
9
Case No. ADJ8083715
Regular
Sep 15, 2025

KAREN WHISNANT vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to address whether apportionment applies when calculating the subsequent permanent disability threshold for SIBTF benefits. Applicant Karen Whisnant's eligibility for SIBTF benefits hinged on this interpretation, with the WCJ initially finding her eligible based on a 42% disability without apportionment. The Board affirmed the WCJ's April 5, 2022 Findings of Fact but clarified that apportionment is not considered when determining the 5% or 35% SIBTF eligibility threshold, citing precedents like Bookout v. Workers' Comp. Appeals Bd. Consequently, the Board's decision ensures that the applicant's subsequent injury rating of 42% (unapportioned) qualifies her for benefits.

Subsequent Injuries Benefits Trust FundSIBTFpermanent disabilityapportionmentLabor Code section 4751eligibility thresholdWCJreconsiderationFindings of FactBookout
References
10
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