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

Case No. 02-11-00209-CV
Regular Panel Decision
Sep 13, 2012

in the Interest of A.B. and H.B., Children

This case involves an appeal by D.B. (Father) against the termination of his parental rights to his children, A.B. and H.B., after a jury trial. This is the second time the case has been before the court, with the previous judgment also being reversed and remanded. The court finds the evidence factually insufficient to support the termination grounds under Texas Family Code sections 161.001(1)(D) and (E), which relate to knowingly placing or allowing children to remain in endangering conditions/surroundings, or engaging in endangering conduct. Specific allegations addressed include H.B.'s failure to thrive, Father's hostile behavior, and the condition of Father's homes. While the court affirms the legal sufficiency of the evidence for termination grounds and the children's best interest, it determines that the factual insufficiency for endangerment necessitates a reversal and remand for a new trial. The dissenting opinion argues that the en banc majority's opinion (A.B. 3) improperly contradicts prior rulings on factual sufficiency.

Parental Rights TerminationChild NeglectPhysical AbuseFactual SufficiencyLegal SufficiencyBest Interest of ChildDomestic ViolencePsychological EvaluationFoster CareTexas Family Law
References
47
Case No. 07-15-00442-CV
Regular Panel Decision
May 13, 2016

in the Interest of D.E.B., S.B., J.B., Children

The Texas Department of Family and Protective Services sought to terminate the parental rights of the mother of D.E.B., S.B., and J.B. The trial court ordered termination of parental rights for S.B. and J.B., but not D.E.B. The mother appealed, challenging the sufficiency of evidence to support the finding that termination was in the best interest of S.B. and J.B. The Court of Appeals affirmed the termination order, citing the mother's long history of inability to provide for her children's physical and emotional needs, protect them from danger, and successfully complete court-ordered service plans. The court found that the evidence was legally and factually sufficient to support the best interest finding.

Termination of Parental RightsChild WelfareBest Interest of ChildFamily LawChild NeglectParental UnfitnessSufficiency of EvidenceAppellate ReviewDue ProcessTexas Law
References
13
Case No. ADJ8387626
Regular
Oct 29, 2015

ANA DIAZ vs. SAMBRAILO PACKAGING, INC., ZENITH INSURANCE COMPANY

This case involves a lien claim for photocopying services provided by California Imaging Solutions (CIS). The WCJ initially disallowed the lien because CIS was not registered as a professional photocopier, as required by Business and Professions Code section 22450. However, the Appeals Board granted reconsideration, finding that CIS was exempt from this registration requirement under Business and Professions Code section 22451(b) because it acted as an agent or independent contractor for applicant's attorney. The case is returned to the trial level to address record deficiencies and re-evaluate the lien claim's compensability in light of this exemption.

Lien ClaimantReconsiderationFindings And OrderAdministrative Law JudgeWCJProfessional PhotocopierBusiness and Professions Code Section 22450Business and Professions Code Section 22451(b)State BarAgent
References
3
Case No. ADJ8997883
Regular
Jan 04, 2016

PEDRO ALAVEZ vs. SAK'S TERIYAKI, ZENITH INSURANCE COMPANY

This case involves a lien claim by Western Imaging Services, Inc. (WIS) for copying services provided to applicant's attorney. The WCJ initially disallowed the lien, finding WIS failed to prove it was an independent contractor exempt from Business and Professions Code section 22450. The Appeals Board granted reconsideration, holding that WIS made a prima facie showing of exemption under Business and Professions Code section 22451(b) by acting as an agent or independent contractor for a State Bar member. Consequently, the case is returned to the trial level for a new decision on the lien claim.

Workers' Compensation Appeals BoardWestern Imaging ServicesInc.Business and Professions Code section 22451independent contractoragentState Barlien claimantreconsiderationPrima facie showing
References
1
Case No. ADJ8313132
Regular
2015-05-00

Ana Garcia vs. Exemplar Enterprise, Travelers Property Casualty Company of America

This case involves a lien claim by Preferred Scan, Inc. (PSI) for photocopying services provided to the applicant's attorney. The initial ruling disallowed PSI's lien, finding it failed to meet registration and bonding requirements for professional photocopiers under Business and Professions Code sections 22450 and 22455. The Workers' Compensation Appeals Board (WCAB) reversed this decision, holding that PSI was exempt as an independent contractor of a member of the State Bar pursuant to Business and Professions Code section 22451(b). The WCAB found sufficient evidence that PSI acted as an agent or independent contractor for the attorney, thus making registration and bonding unnecessary. The case was returned to the trial level to determine the amount due on PSI's lien.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderAdministrative Law JudgeIndependent ContractorBusiness and Professions Code Section 22451Registration RequirementsBonding RequirementsMember of the State Bar
References
9
Case No. 2-03-261-CV
Regular Panel Decision
Dec 16, 2004

in the Interest of B.T., M.J.R.B., T.B., and M.T., Children

This case involves an appeal by a Father and Mother against the trial court's judgment terminating their parental rights to their four children: B.T., M.J.R.B., T.B., and M.T. Both parents asserted claims of ineffective assistance of counsel and challenged the factual sufficiency of the evidence supporting the termination. Father also argued that the trial court's termination order was void due to alleged procedural failures, specifically regarding the one-year deadline for trial and the fourteen-day adversary hearing requirement. The Court of Appeals for the Second District of Texas, Fort Worth, reviewed these contentions. The court found no merit in the ineffective assistance of counsel claims, determined that the evidence clearly and convincingly supported the endangerment findings and that termination was in the children's best interest, and concluded that the procedural issues raised did not deprive the trial court of jurisdiction. Consequently, the appellate court affirmed the trial court's judgment terminating the parental rights of the Father and Mother.

Parental Rights TerminationIneffective Assistance of CounselChild EndangermentBest Interest of the ChildFactual SufficiencyAppellate ReviewDue ProcessFamily LawTexas Family CodeTemporary Managing Conservator
References
26
Case No. 03-94-00270-CV
Regular Panel Decision
Mar 08, 1995

Leslie B. Hargraves v. Armco Foods, Inc. D/B/A Foodland

Leslie B. Hargraves appealed a summary judgment granted in favor of Armco Foods, Inc., d/b/a Foodland. Hargraves filed a lawsuit for damages arising from an accident where she fell on wooden pallets at Foodland. The suit was filed two years and one day after the incident, leading the trial court to grant summary judgment based on the two-year limitations period. Hargraves argued the limitations period should be tolled because she was of 'unsound mind' due to being groggy and disoriented from medication for two days following the accident. The appellate court affirmed the summary judgment, holding that a minor, drug-induced mental impairment does not meet the criteria for 'unsound mind' as defined in Tex. Civ. Prac. & Rem. Code Ann. § 16.001(a)(2) to toll the limitations period.

Summary JudgmentStatute of LimitationsTolling ProvisionUnsound MindLegal DisabilityDrug-Induced ImpairmentPersonal InjuryTexas Civil Practice and Remedies CodeAppellate ReviewPremises Liability
References
14
Case No. 13-12-00498-CV
Regular Panel Decision
Apr 18, 2013

Juan Alfredo Martinez v. Arthur Beckwith and Benton Beckwith D/B/A B & B Farms

Juan Alfredo Martinez appealed the trial court's summary judgment in favor of Arthur Beckwith, who was sued alongside Benton Beckwith d/b/a B&B Farms for work-related injuries. Martinez raised three issues on appeal: lack of proper notice for the summary judgment hearing, Arthur Beckwith's alleged waiver of the Texas Workers' Compensation Act (TWCA) affirmative defense, and an error in granting summary judgment. The appellate court affirmed the trial court's judgment, concluding that Martinez was not prejudiced by the notice issue, Arthur Beckwith had properly pled his TWCA defense, and summary judgment was appropriate as Beckwith conclusively established his TWCA defense, which Martinez failed to rebut with genuine issues of material fact regarding his employment and insurance coverage.

Summary JudgmentWorkers' Compensation ActAffirmative DefenseAppellate ProcedureNotice RequirementWaiverEmployment LawWork-Related InjuryDue ProcessTexas Court of Appeals
References
23
Case No. MISSING
Regular Panel Decision
Mar 12, 1991

Downing v. B & B Machine Repair, Inc.

Plaintiff William Downing, a lumber yard worker, sued B & B Machine Repair, Inc. after severing his thumb while operating a table saw that lacked a safety guard. The plaintiff alleged negligence, claiming B & B failed to procure a replacement guard as requested by his employer 16 months before the incident. The Supreme Court, Bronx County, denied B & B's motion for summary judgment on the negligence claim, citing material issues of fact regarding the availability of replacement guards, as refuted by the plaintiff's expert. This appellate court affirmed the denial of summary judgment, finding B & B's arguments lacked merit. A dissenting opinion argued for dismissal, contending B & B's contractual obligation was vague, its actions were not the proximate cause of the injury, and the employer was primarily at fault for using an unsafe saw.

Summary JudgmentNegligenceStrict Products LiabilityWorkplace InjuryTable Saw AccidentSafety GuardProximate CauseDuty of CareContractual ObligationExpert Witness
References
3
Case No. 14-15-00882-CV
Regular Panel Decision
Dec 28, 2015

in the Interest of K.I.B.C., a Child

This is an appellant's brief challenging the termination of parental rights of C.B. to her child, K.I.B.C. The Texas Department of Family and Protective Services (DFPS) initiated the case due to concerns about neglectful supervision and domestic violence. After an initial conservatorship order, the trial court later terminated C.B.'s parental rights based on Texas Family Code Section 161.001(1)(E) and (O). C.B. argues that the evidence was legally and factually insufficient to support the termination grounds and that the termination was not in K.I.B.C.'s best interest, requesting a reversal and remand.

Parental Rights TerminationChild WelfareFamily Law AppealLegal Sufficiency of EvidenceFactual Sufficiency of EvidenceDomestic ViolenceParental Mental HealthNon-compliance with Service PlanChild's Best InterestTexas Family Code 161.001
References
21
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