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

Case No. MISSING
Regular Panel Decision

Montemayor v. Chapa

Rolando Montemayor was injured in an automobile accident while working for Express Personnel Services, temporarily assigned to U.S.A. Waste of Texas, Inc. (now Waste Management, Inc.). Montemayor sought worker's compensation benefits from Express Personnel Services and also sued Waste Management and its employee, Rolando Chapa, for negligence. The defendants moved for summary judgment based on the borrowed servant and fellow servant doctrines, asserting that the Texas Worker's Compensation Act provided the exclusive remedy. The trial court granted summary judgment. On appeal, Montemayor challenged the summary judgment, citing defective pleadings, improper affidavits, and unresolved fact issues regarding control. The appellate court affirmed the trial court's decision, finding that Waste Management was Montemayor's employer under the borrowed servant doctrine, and therefore, claims against both Waste Management and Chapa were barred by the exclusive remedy provision of the Worker's Compensation Act and the fellow servant doctrine, respectively.

Borrowed Servant DoctrineFellow Servant DoctrineSummary JudgmentRespondeat SuperiorAffirmative DefensesTexas Worker's Compensation ActEmployment LawAppellate ReviewPleading RequirementsAffidavit Validity
References
18
Case No. MISSING
Regular Panel Decision

Cearley v. Cross Timbers Production Co.

Robert Cearley, an employee under the supervision of Cross Timbers, sustained a personal injury in January 1988 while working on a Cross Timbers oil and gas lease. He claimed Cross Timbers was negligent for not providing a ladder. This appeal concerns a take-nothing summary judgment granted to Cross Timbers, which argued the borrowed servant doctrine applied. The court examined whether Cearley was a regular employee of Crown Central or a borrowed servant of Cross Timbers at the time of the accident. The summary judgment was affirmed, as Cearley's pleading that Cross Timbers controlled his work constituted a judicial admission, establishing him as a borrowed servant under the Texas Workers' Compensation Act, thereby insulating Cross Timbers from liability.

Borrowed Servant DoctrineSummary JudgmentPersonal InjuryTexas Workers' Compensation ActEmployer LiabilityControl TestJudicial AdmissionOil and Gas LeaseAppellate ReviewNegligence
References
5
Case No. MISSING
Regular Panel Decision

Phillips v. American Elastomer Products, L.L.C.

Leonard Phillips, an employee provided by Staffing United to American Elastomer Products, L.L.C. (AEP), sustained a back injury due to an autoclave explosion at AEP's plant. Phillips sued AEP for negligence, gross negligence, and intentional torts. AEP filed two summary judgment motions, arguing that Phillips's negligence claims were barred by the borrowed servant doctrine and the Texas Workers’ Compensation Act (TWCA), and that there was insufficient evidence for intentional torts. The trial court granted both summary judgments. On appeal, Phillips challenged the finding that he was a borrowed servant and the sufficiency of evidence for intentional assault. The appellate court affirmed the trial court's judgment, concluding that Phillips was a borrowed servant under the TWCA, barring his negligence claims, and that there was insufficient evidence to establish intent for the intentional tort claims.

Personal InjurySummary JudgmentNegligenceGross NegligenceIntentional TortBorrowed Servant DoctrineWorkers' Compensation ActExclusivity ProvisionAutoclave ExplosionWorkplace Injury
References
40
Case No. 13-00-313-CV
Regular Panel Decision
Nov 21, 2001

Montemayor, Rolando v. Chapa, Rolando, U.S.A., Waste-Management Resources, LLC, and Waste-Management of Texas, Inc., F/D/A U.S.A. Waste of Texas, Inc.

Rolando Montemayor, a temporary employee assigned to Waste Management, was injured in an automobile accident and received worker's compensation benefits through his general employer, Express Personnel Services. He subsequently sued Waste Management and its employee, Rolando Chapa, for negligence. The trial court granted summary judgment for the defendants, citing the borrowed servant and fellow servant doctrines, which bar common-law claims under the Texas Worker's Compensation Act's exclusive remedy provision. The Court of Appeals affirmed this decision, finding that Waste Management had the right of control over Montemayor, making him a borrowed servant, and Chapa a co-employee, thus upholding the summary judgment.

worker's compensationsummary judgmentborrowed servant doctrinefellow servant doctrinerespondeat superiortemporary employmentexclusive remedyTexas lawappellate reviewnegligence
References
18
Case No. MISSING
Regular Panel Decision

Coco v. Port of Corpus Christi Authority

John Coco, a longshoreman, was injured in a gantry crane accident while working for Dix Stevedores at a facility owned by the Port of Corpus Christi Authority. He sued the Port for common law negligence and premises liability. The Port moved for summary judgment based on the borrowed servant doctrine, arguing the crane operator was a borrowed servant of Dix Stevedores. The trial court granted summary judgment, but the appellate court reversed, holding that a contractual designation of control is not always dispositive when there is conflicting evidence about actual control, and fact issues remained regarding both negligence and premises defect claims. The case was remanded for further proceedings.

negligencepremises liabilitysummary judgmentborrowed servant doctrinerespondeat superiorcontractual controlactual controlfact issueTexas lawappellate review
References
28
Case No. MISSING
Regular Panel Decision

Wesby v. Act Pipe & Supply, Inc.

Glenn Wesby was injured while working on Act Pipe & Supply, Inc.'s premises, employed by Labor Express Temporary Services. He sued Act Pipe for negligence. Act Pipe sought summary judgment, arguing that Wesby's claims were barred by Texas Workers’ Compensation statutes under either the Staff Leasing Services Act or the borrowed servant doctrine. The trial court granted summary judgment without specifying the grounds. On appeal, the court affirmed the summary judgment, finding that Wesby was Act Pipe’s borrowed servant and Act Pipe's workers’ compensation insurance applied, thus barring his common law claims, irrespective of whether notice of coverage was provided.

Personal InjurySummary JudgmentBorrowed Servant DoctrineStaff Leasing Services ActWorkers' Comp ExclusivityTemporary EmploymentNegligence ClaimsAppellate AffirmationEmployer Affirmative DefenseTexas Labor Law
References
28
Case No. MISSING
Regular Panel Decision

Richmond v. LD BRINKMAN & CO.(TEXAS)

Donald Richmond, an employee of Pacesetter Personnel Service, Inc., was severely injured while working for L.D. Brinkman & Company (Texas) Inc. Donald received workers' compensation benefits from Pacesetter's insurer, CNA Insurance. Subsequently, Robert Richmond, as Donald's legal guardian, and Pacesetter sued Brinkman for negligence. Brinkman successfully moved for summary judgment, arguing Donald was a 'borrowed servant' and thus immune from common law liability under the Texas Workers' Compensation Act. On appeal, Richmond and Pacesetter contended that Chapter 92 of the Texas Labor Code superseded the common law 'borrowed servant' doctrine. The appellate court disagreed, finding Chapter 92 did not supersede common law in this context, and affirmed the trial court's summary judgment.

Workers' CompensationBorrowed Servant DoctrineSummary JudgmentTexas Labor CodeTemporary EmploymentNegligence ClaimExclusive RemedyRight of Control TestAppellate ReviewEmployer Liability
References
17
Case No. MISSING
Regular Panel Decision

XL Specialty Insurance v. Kiewit Offshore Services, Ltd.

This memorandum opinion addresses cross-motions for summary judgment in a case originating from an explosion that killed two workers, one each from Kiewit Offshore Services, LTD (general contractor) and R.B.T. Welders, Inc. (subcontractor). Relatives of the deceased workers filed a negligence lawsuit. XL Specialty Insurance Company, RBT's insurer, initiated a declaratory judgment action against Kiewit, denying a duty to defend or indemnify. Kiewit, in turn, sought indemnification from RBT and coverage from XL. The Court granted Kiewit's motion for summary judgment in part, holding RBT must indemnify Kiewit for a $4 million settlement payment, specific attorney's fees, and prejudgment interest, finding Kiewit faced potential liability and the settlement was reasonable. The Court denied Kiewit's claim for undocumented expenses and denied XL's motion for summary judgment asserting statutory employer and borrowed servant defenses under workers' compensation laws for Kiewit, concluding these defenses were not applicable.

Summary JudgmentIndemnificationWorkers' CompensationInsurance CoverageDeclaratory JudgmentEmployer LiabilityContractual IndemnityBorrowed Servant DoctrineStatutory EmployerNegligence
References
19
Case No. MISSING
Regular Panel Decision

Rodriguez v. Martin Landscaping

Lucio Rodriguez, an employee of Staftex, Inc., was assigned to work for Martin Landscape Management, Inc. (MLM) and was injured in a vehicle accident. He received workers' compensation benefits from Staftex and subsequently filed a common-law negligence claim against MLM and co-worker Tommy Fleeman. MLM and Fleeman moved for summary judgment, asserting statutory immunity under the 'borrowed servant' doctrine, arguing Rodriguez was MLM's borrowed servant and that his received benefits discharged MLM's liability. The court affirmed the summary judgment, concluding that MLM qualified as an 'employer' under the Texas Workers' Compensation Act by paying Staftex for Rodriguez's premiums, thus granting MLM statutory immunity. The court also determined that Rodriguez had constructive notice of MLM's workers' compensation coverage due to receiving benefits from Staftex, his general employer.

Workers' CompensationBorrowed Servant DoctrineStatutory ImmunitySummary JudgmentEmployment LawNegligence ClaimTexas LawInjury ClaimNotice RequirementEmployer Liability
References
6
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
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