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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

Ken Paxton, Attorney General of the State of Texas v. Texas Department of State Health Services

The Attorney General appealed a district court's summary judgment in favor of the Texas Department of State Health Services regarding a Public Information Act (PIA) dispute. The Department sought to withhold information from an Office of Inspector General (OIG) investigation into employee misconduct, asserting confidentiality under Government Code section 531.1021(g). The Attorney General contended that this statutory confidentiality exception only applies to OIG audits or investigations related to Medicaid or other health and human services fraud, abuse, or overcharges. The appellate court, reversing the lower court's decision, agreed with the Attorney General's narrower interpretation. Consequently, the court held that the OIG's confidentiality under section 531.1021(g) is limited to audits and investigations concerning fraud, waste, and abuse within the provision and delivery of health and human services.

Public Information ActGovernment CodeConfidentiality ExceptionOffice of Inspector General (OIG)Employee MisconductStatutory ConstructionMedicaid FraudHealth and Human ServicesDeclaratory Action AppealSummary Judgment
References
11
Case No. 03-16-00473-CV
Regular Panel Decision

E. A.// Texas Department of Family and Protective Services v. Texas Department of Family and Protective Services// Cross-Appellee, E. A.

This document is an appeal brief filed by the Texas Department of Family and Protective Services (the Department) in the Third Court of Appeals, Austin, Texas. The appeal concerns an administrative proceeding where E.A. challenged a Texas Health and Human Services Commission order. The order affirmed the Department's decision to place E.A.'s name in the Employee Misconduct Registry after an administrative law judge found E.A. neglected residents at Four J’s Community Living Center. The central argument of the brief is that the trial court lacked subject-matter jurisdiction over E.A.'s suit for judicial review because E.A. failed to file a timely motion for rehearing, a jurisdictional prerequisite under the Administrative Procedure Act. The Department seeks to reverse the trial court's order denying its plea to the jurisdiction and to dismiss E.A.'s suit.

Administrative LawJudicial ReviewSovereign ImmunityEmployee Misconduct RegistryContested CaseMotion for RehearingJurisdictionAppellate ProcedureStatutory InterpretationTexas Government Code
References
13
Case No. MISSING
Regular Panel Decision

Moss v. Department of Civil Service

The petitioner, a Senior Youth Parole Worker, initiated an Article 78 proceeding challenging the State Department of Civil Service's requirement of a Master's degree for the Youth Parole Supervisor promotion examination. His application was denied due to the lack of this degree, despite his advanced graduate study and prior assurances of eligibility based on earlier prerequisites. The court affirmed the Civil Service Department's broad discretion in establishing minimum qualifications for competitive examinations. It ruled that earlier prerequisites or unauthorized assurances do not confer a vested right to bypass current requirements, which are subject to the exclusive jurisdiction of the State Department of Civil Service. Consequently, the application was denied, and the petition dismissed.

Civil Service LawPromotion ExaminationEducational RequirementsMaster's DegreeYouth Parole SupervisorDiscretionVested RightsArticle 78 ProceedingState EmployeesCivil Service Commission
References
6
Case No. MISSING
Regular Panel Decision

Fickling v. New York State Department of Civil Service

This case involves a lawsuit brought by eight plaintiffs, primarily African-American and Hispanic former employees, against the New York State Department of Civil Service and Westchester County Department of Social Services. Plaintiffs alleged that their termination as Welfare Eligibility Examiners, due to failing competitive examinations, was unlawful under Title VII of the Civil Rights Act and the New York State Executive Law § 296. They claimed the examination had a racially disparate impact and lacked content validity, failing to serve the defendants' employment goal of fair competition. The court found that the examinations indeed had a disparate impact on African-Americans and Hispanics and that the defendants failed to provide credible evidence that the tests served a legitimate business goal. Therefore, the court ruled in favor of the plaintiffs.

Employment DiscriminationTitle VII Civil Rights ActDisparate ImpactCivil Service ExaminationsContent ValidityJob AnalysisRacial DiscriminationHispanic DiscriminationWelfare Eligibility ExaminersNew York State Law
References
8
Case No. 03-21-00571-CV
Regular Panel Decision
Sep 28, 2023

Texas Department of State Health Services, and Dr. Jennifer A. Shuford, in Her Official Capacity as Commissioner of the Texas Department of State Health Services v. Sky Marketing Corp., D/B/A Hometown Hero Create a Cig Temple, LLC Darrell Surif And David Walden

The Texas Department of State Health Services (DSHS) and its Commissioner appealed a trial court's denial of their plea to the jurisdiction and the granting of a temporary injunction. The injunction prevented DSHS from enforcing amendments to controlled substance definitions and a website rule concerning Delta-8 THC. Appellees argued the Commissioner acted beyond her authority (ultra vires) and violated the Texas Administrative Procedure Act by failing to follow proper procedures for schedule modifications. The Court of Appeals affirmed the trial court's decision, concluding that appellees had standing and presented valid ultra vires and APA claims. The appellate court also upheld the temporary injunction, citing the appellees' probable right to relief and the likelihood of imminent and irreparable harm.

Hemp legalizationDelta-8 THCControlled Substances Act (TCSA)Administrative Procedure Act (APA)Ultra ViresTemporary InjunctionSovereign ImmunityPlea to the JurisdictionTexas Department of State Health Services (DSHS)Cannabis regulation
References
64
Case No. 03-22-00420-CV
Regular Panel Decision
Mar 29, 2024

Stephanie Muth, in Her Official Capacity as Commissioner of the Texas Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. PFLAG, Inc. and Adam Briggle and Amber Briggle, Individually and as Parents and Next Friends of M.B., a Minor

This appeal concerns temporary injunctions issued against the Texas Department of Family and Protective Services (DFPS) and its Commissioner. The injunctions prevent DFPS from investigating parents for child abuse solely based on providing gender-affirming medical care to minors, a policy adopted following an Attorney General opinion and Governor's directive. The Court affirmed the injunctions, finding that the appellees (families with transgender children and PFLAG, Inc.) had standing, their claims were ripe and not moot, and sovereign immunity was waived. The court concluded that DFPS's policy constituted an invalid rule under the Administrative Procedure Act, adopted without proper procedures, and interfered with fundamental parental and children's constitutional rights.

Gender-affirming careChild abuse investigationAdministrative Procedure ActParental rightsConstitutional rightsStandingRipenessMootnessSovereign immunityTexas law
References
28
Case No. 03-22-00126-CV
Regular Panel Decision
Mar 29, 2024

Greg Abbott in His Official Capacity as Governor of the State of Texas, Stephanie Muth in Her Official Capacity of Commissioner of the Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. Jane Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor John Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor And Dr. Megan Mooney

This case involves an appeal concerning a temporary injunction against the State of Texas for issuing a directive that classifies gender-affirming medical care for minors as child abuse. Appellees, including parents of a transgender adolescent and a psychologist, sued to enjoin the State from initiating child abuse investigations based on this directive. The trial court denied the State's plea to the jurisdiction and granted a temporary injunction. The Court of Appeals affirmed the denial of jurisdiction and the injunction against the Department of Family and Protective Services and its Commissioner, concluding that the directive constituted an invalid rule under the APA and caused irreparable harm. However, it reversed the denial of jurisdiction and dismissed claims against the Governor, stating he lacked authority to control investigatory decisions.

Gender-affirming careChild abuse policyTemporary injunctionAdministrative Procedure ActUltra viresParental rightsEqual protectionDue processState government authorityJudicial review
References
62
Case No. MISSING
Regular Panel Decision

Lumpkin v. Albany Truck Rental Service, Inc.

This case concerns three related actions stemming from a truck accident that resulted in the death of the plaintiff's decedent, who was a passenger. Both the decedent and the driver, David L. Sinnamon, were employed by the New York State Department of Correctional Services, and the accident occurred during their employment. The original plaintiff sued General Tire and Rubber Company, Albany Truck Rental Service, Inc., and Sinnamon. Sinnamon was dismissed based on the Workers' Compensation Law. Subsequently, General Tire and Albany Truck initiated third-party actions against Sinnamon for indemnity or contribution, which were also dismissed by Special Term, citing Correction Law § 24. The Appellate Division affirmed these dismissals, ruling that Correction Law § 24 clearly bars such third-party actions against employees of the Department of Correctional Services acting within the scope of their employment. The court also rejected the appellants' equal protection challenge to the statute.

Workers' Compensation LawCorrection Law Section 24IndemnificationContributionThird-Party LiabilityGovernment ImmunityEmployee ProtectionStatutory InterpretationEqual Protection ChallengeMotor Vehicle Accident
References
3
Case No. 17-0345
Regular Panel Decision
May 03, 2019

Patricia Mosley v. Texas Health and Human Services Commission and Texas Department of Family and Protective Services

Patricia Mosley challenged her placement on the Employee Misconduct Registry by the Texas Department of Family and Protective Services. She sought judicial review without filing a motion for rehearing, relying on a misleading agency letter and regulation. The Supreme Court of Texas affirmed that a motion for rehearing is a jurisdictional prerequisite for judicial review under the Administrative Procedures Act. However, the court also ruled that the agency's affirmative misrepresentation regarding the appeal process violated Mosley's due process rights, preventing her from exhausting administrative remedies. The case was remanded to the Health and Human Services Commission to allow Mosley to file a motion for rehearing, thereby restoring her opportunity for judicial review.

Administrative LawJudicial ReviewDue ProcessMotion for RehearingEmployee Misconduct RegistryTexas Health and Human Services CommissionTexas Department of Family and Protective ServicesJurisdictional PrerequisiteStatutory InterpretationAgency Misrepresentation
References
43
Case No. 03-03-00355-CV
Regular Panel Decision
Apr 08, 2004

Albert Hawkins, in His Capacity as Commissioner of Health & Human Services The Texas Health & Human Services Commission And the Texas Department of Health v. Dallas County Hospital District D/B/A Parkland Health and Hospital System

This case involves an appeal concerning the rules and formulas used to reimburse Texas teaching hospitals for graduate medical education (GME) costs from Medicaid funds. The core dispute is whether the Texas Health and Human Services Commission was legally mandated to use a specific statutory formula based on a hospital's annual actual GME costs, or if it could continue using its existing rule, which derived costs from a 1984 base-period figure adjusted for inflation, mirroring the federal Medicare approach. Dallas County Hospital District, operating Parkland Memorial Hospital, sued the department, alleging underpayment of over $72 million due to the use of the incorrect formula. The district court ruled in favor of Parkland, declaring the department's rules invalid. The appellate court affirmed this judgment, concluding that the statutory formula for reimbursement was mandatory, while the department's discretion was limited to calculating variables within that prescribed formula, not to establishing an alternative method.

Medicaid reimbursementGraduate Medical EducationTeaching HospitalsStatutory interpretationTexas Health and Human Services CommissionParkland Memorial HospitalHealthcare fundingAdministrative lawJudicial reviewHealth policy
References
13
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