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

Case No. 03-14-00340-CV
Regular Panel Decision
May 08, 2015

CPS Energy, Time Warner Cable Texas LLC, and Southwestern Bell Telephone Company D/B/A AT&T// Public Utility Commission of Texas v. Public Utility Commission of Texas// Cross-Appellee, CPS Energy, Time Warner Cable Texas LLC and Southwestern Bell Telephone Company D/B/A AT&T

This brief argues that the Public Utility Commission (Commission) erroneously issued an advisory opinion concerning amendments to federal regulations (47 C.F.R. 1.1409(e)) that took effect after the relevant billing period of 2005-2010. CPS Energy contends that these findings were premature, advisory, and beyond the Commission's jurisdictional scope. Additionally, CPS Energy asserts that the Commission's interpretation of Utilities Code § 54.204(c) constitutes an unconstitutional delegation of power to a federal agency. The brief urges the Third Court of Appeals to reverse the Commission's contested findings (Findings of Fact 84-87 and Conclusions of Law 26 and 27) and remand the case for an order consistent with the court's opinion.

JurisdictionAdvisory OpinionPole Attachment RatesFederal Communications CommissionPublic Utility CommissionAdministrative LawStatutory InterpretationUnconstitutional DelegationRipenessAppellate Procedure
References
84
Case No. 03-07-00725-CV
Regular Panel Decision
Jan 16, 2009

City of San Antonio Acting by and Through City Public Service Board N/K/A CPS Energy v. Bastrop Central Appraisal District and Chief Appraiser Mark Boehnke

The City of San Antonio, through CPS Energy, sought a writ of mandamus to compel the Bastrop Central Appraisal District (BCAD) and its chief appraiser to act on an untimely application for an open-space agricultural appraisal for 1999-2002. CPS Energy's land, previously tax-exempt for public use, lost this status retroactively after BCAD discovered a lignite mining lease with Alcoa. Although BCAD processed a similar application for 2003, it took no action on the earlier untimely applications. The appellate court affirmed the trial court's denial of mandamus, holding that BCAD had no statutory duty to act on applications filed after appraisal records approval and that CPS Energy's due-process rights were not violated, as they had opportunities to file timely applications. The court also rejected CPS Energy's estoppel argument against BCAD.

Property Tax LawAppellate ProcedureMandamus ActionStatutory InterpretationDue Process RightsTax Exemption RevocationOpen-Space Agricultural AppraisalUntimely ApplicationGovernmental EstoppelTexas Tax Code
References
21
Case No. MISSING
Regular Panel Decision

Santos v. American Museum of Natural History

Guaquin Garcia died after a scaffold fall during renovations at a building leased by the American Museum of Natural History. His estate sued the Museum and the general contractor for wrongful death. The Museum moved for summary judgment, arguing it lacked Labor Law liability as it didn't own, contract for, or supervise the work. The Supreme Court denied this motion, but on appeal, the order was reversed. The appellate court found the Museum, as a lessee, was not liable under Labor Law § 240, having neither contracted for nor supervised the renovation work, and thus lacked authority over safety measures.

Wrongful DeathScaffold AccidentLabor Law Section 240Summary Judgment AppealPremises LiabilityLessee LiabilityRenovation ProjectWorksite SafetyAppellate CourtBuilding Owner Responsibility
References
2
Case No. MISSING
Regular Panel Decision
Dec 14, 1978

Evans v. Vasquez

The case involves ongoing proceedings concerning the well-being of three-year-old Ivan Evans, Jr., arising from petitions by his parents, Rose Vasquez and Ivan Evans. The court had previously directed Child Protective Services (CPS) to facilitate visitation and clinical evaluations, but CPS declined, stating the case was closed. The court, through Judge W. Denis Donovan, ruled that CPS misunderstood its function and does not have the authority to unilaterally close a case when directed by the court. The court reiterated its authority as the ultimate instrumentality for protecting children and families, relying on agencies like CPS. Consequently, the court ordered CPS to immediately arrange clinical evaluations and visitation for the child and parents, and to report its findings by December 14, 1978.

Child WelfareFamily LawJudicial AuthorityAgency ComplianceCustody DisputeVisitation RightsClinical EvaluationCourt OrdersParental RightsInter-agency Conflict
References
0
Case No. MISSING
Regular Panel Decision
Jan 06, 2011

In the Interest of R.N., R.N., R.N., Children

Parents Roy and Kimberly Neyens appeal the termination of their parental rights to their three children, an action sought by the Texas Department of Family and Protective Services (CPS). The Neyenses challenged the trial court's exclusion of evidence regarding foster home conditions (children's medication, alleged sexual abuse, and injuries) and its refusal to declare a mistrial. The appellate court affirmed the trial court's judgment, finding no error in the exclusion of testimony as it was deemed not relevant to the grounds for termination or the parents' appropriate response. Furthermore, the court found no abuse of discretion in denying the mistrial motion, reasoning that the violation of the motion in limine regarding the father's criminal history was curable or not sufficiently prejudicial to warrant a mistrial.

Parental Rights TerminationChild Protective ServicesEvidentiary RulingsMotion in LimineAbuse of DiscretionBest Interest of the ChildFoster Care ConditionsAppellate ReviewWitness TestimonyJudicial Discretion
References
24
Case No. 06-11-00079-CV
Regular Panel Decision
Dec 09, 2011

in the Interest of R. N., R. N., R. N., Children

Parents Roy and Kimberly Neyens appealed the termination of their parental rights to their three children, an action initiated by the Texas Department of Family and Protective Services, Child Protective Services Division (CPS). Their appeal challenged the trial court's exclusion of evidence regarding the children's foster care conditions (medication, alleged sexual abuse, and injuries) and its denial of a motion for mistrial after a witness mentioned Mr. Neyens' criminal history in violation of a motion in limine. The Sixth Appellate District of Texas at Texarkana affirmed the trial court's judgment, finding no abuse of discretion in the evidentiary rulings or the denial of the mistrial. The court noted that the evidence concerning foster care was either not properly preserved or its probative value was outweighed by the danger of confusing the issues.

parental rights terminationchild protectionappellate reviewevidence exclusionmotion in limine violationabuse of discretionbest interest of childfoster careTexas lawfamily law appeal
References
21
Case No. AP-76,020
Regular Panel Decision
Sep 14, 2011

Lucio, Melissa Elizabeth

Melissa Elizabeth Lucio was convicted of capital murder for the death of her two-year-old daughter, Mariah, and sentenced to death. On appeal, Lucio raised fourteen points of error, including claims of legally and factually insufficient evidence, involuntary statement admission, and erroneous exclusion of expert testimony. The court detailed evidence of extensive child abuse by Lucio, Mariah's cause of death being blunt force head trauma, and Lucio's prior history with Child Protective Services (CPS) and drug use. The court addressed arguments regarding the voluntariness of Lucio's statements, the sufficiency of evidence for conviction and future dangerousness, and the exclusion of battered woman syndrome testimony. Ultimately, the court found no reversible error, overruled all points of error, and affirmed the trial court's judgment.

Capital MurderChild AbuseBlunt Force TraumaFuture DangerousnessSufficiency of EvidenceInvoluntary StatementBattered Woman SyndromeExpert TestimonyCPS HistoryDrug Abuse
References
26
Case No. MISSING
Regular Panel Decision

Soto v. Texas Department of Family & Protective Services

Plaintiff Areline Soto sued her former employer, the Texas Department of Family and Protective Service (CPS), alleging employment discrimination and retaliation under Title VII, the ADA, and the Texas Workers’ Compensation Statute. CPS filed a Partial Motion to Dismiss certain claims, including ADA discrimination and retaliation claims and the Texas Anti-Retaliation Act claim, citing Eleventh Amendment immunity. Soto subsequently amended her complaint, replacing ADA claims with Rehabilitation Act claims, arguing the motion was moot. The Court granted CPS's motion, dismissing Soto's ADA claims as moot due to the amended complaint. Furthermore, the Court dismissed the Texas Anti-Retaliation Act claim with prejudice for lack of jurisdiction, affirming CPS's sovereign immunity under the Eleventh Amendment.

Employment DiscriminationRetaliationTitle VIIADATexas Workers' Compensation StatuteAnti-Retaliation ActRule 12(b)(1)Subject Matter JurisdictionEleventh Amendment ImmunitySovereign Immunity
References
13
Case No. MISSING
Regular Panel Decision

Wheelabrator Air Pollution Control, Inc. v. City of Public Service Board of San Antonio, a Municipal Board of the City of San Antonio

Wheelabrator Air Pollution Control, Inc. appealed an order granting a plea to the jurisdiction concerning its claim for attorney's fees against the City of San Antonio acting through the City Public Service Board (CPS). Wheelabrator and Casey Industrial, Inc. had previously sued CPS for breach of a 2004 contract. CPS asserted governmental immunity from Wheelabrator's attorney's fees claim, which the trial court granted. The appellate court affirmed the trial court's decision, holding that chapter 271 of the Texas local government code, as applicable to the 2004 contract, did not waive CPS's immunity from suit for attorney's fees. The court also rejected Wheelabrator's arguments regarding improper procedural vehicle, waiver by seeking affirmative relief, waiver due to proprietary function, and timing of the plea to the jurisdiction, relying on the Texas Supreme Court's interpretation of chapter 271.

Governmental ImmunityPlea to the JurisdictionAttorney's FeesBreach of ContractLocal Government Code Chapter 271Waiver of ImmunityProprietary FunctionSubject Matter JurisdictionAppellate ReviewTexas Law
References
19
Case No. ADJ9664450
Regular
Jun 05, 2015

PATRICIA AGUILAR vs. HARRIS RANCH BEEF COMPANY, TRISTAR RISK MANAGEMENT

This case concerns an applicant's petition for removal regarding discovery of her past sexual history in a workers' compensation claim for psychiatric injury due to sexual harassment. The Appeals Board granted removal, finding the applicant's past sexual history is constitutionally protected and that the defendant failed to demonstrate good cause for discovery under Labor Code section 3208.4. The Board limited discovery to medical records relevant to the applicant's psychiatric history, allowing the defendant to refile a petition for further discovery upon a proper showing of good cause after a medical evaluation. This decision aims to balance the applicant's right to privacy with the defendant's need for relevant information concerning causation and apportionment.

Labor Code section 3208.4Petition for RemovalFindings of Fact and OrderDepose applicantSexual harassmentSexual assaultMolestationGood causePrivacyPsyche injury
References
10
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