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

Case No. 01-07-00999-CV
Regular Panel Decision
May 27, 2010

El Paso Field Services Management, Inc. v. Ernesto Lopez and Georgia Lopez

Ernesto and Georgia Lopez sued El Paso Field Services Management, Inc. for personal injuries arising from a work-related incident. A jury found El Paso 80% negligent and Mr. Lopez 20% negligent. The trial court rendered judgment on the verdict. El Paso appealed, raising issues concerning the 'borrowed employee' doctrine, proximate cause, and entitlement to a credit for workers' compensation benefits. The Lopezes cross-appealed regarding the sufficiency of evidence for Mr. Lopez's 20% negligence. The Court of Appeals affirmed the district court's judgment on all points, finding legally and factually sufficient evidence for the jury's findings and declining to alter the collateral-source rule.

Personal InjuryWorkplace AccidentNegligenceBorrowed Employee DoctrineProximate CauseWorkers' Compensation BenefitsCollateral Source RuleAppellate ReviewJury FindingsContract Law
References
18
Case No. MISSING
Regular Panel Decision

Seabright Insurance Company v. Maximina Lopez, Beneficiary of Candelario Lopez

Candelario Lopez, an employee of Interstate Treating, Inc., died in an automobile accident while traveling to a remote job site. His wife, Maximina Lopez, sought death benefits, which SeaBright Insurance Co. denied, arguing Lopez was not in the course and scope of his employment. Administrative and lower court decisions affirmed that Lopez was acting within his employment. The Supreme Court of Texas affirmed the lower court's judgment, ruling that Lopez's travel originated in and furthered Interstate Treating's business due to the nature of his temporary, remote assignments, employer-provided vehicle, and payment of expenses. The Court concluded that Lopez was acting in the course and scope of his employment, entitling Maximina to benefits.

Workers CompensationCourse and Scope of EmploymentAutomobile AccidentEmployee TravelRemote Job SitesEmployer-Provided TransportationDeath BenefitsSummary Judgment ReviewTexas Supreme CourtLabor Code Interpretation
References
22
Case No. 13-22-00216-CV
Regular Panel Decision
Aug 03, 2023

Oscar Gonzalez v. Santiago Lopez D/B/A Lopez Carpets

Oscar Gonzalez appealed the trial court's grant of summary judgment in favor of Santiago Lopez d/b/a Lopez Carpets. Gonzalez had sued Lopez for negligence and gross negligence after a workplace injury, but Lopez argued the Texas Division of Workers' Compensation (DWC) had exclusive jurisdiction. An Administrative Law Judge (ALJ) determined Gonzalez was an employee, and the trial court dismissed Gonzalez's subsequent judicial review claim against Lopez, ruling Lopez was not the proper party. The Court of Appeals affirmed, holding that Gonzalez was bound by the ALJ's employee status determination due to his failure to properly challenge it against the insurance carrier. Consequently, Gonzalez's exclusive remedy was workers' compensation benefits, precluding tort claims against Lopez.

Summary judgmentAppellate reviewNegligence claimsGross negligenceEmployee statusIndependent contractorWorkers' compensation insuranceExclusive remedy defenseTexas Labor CodeJudicial review
References
13
Case No. MISSING
Regular Panel Decision

Seabright Insurance Company v. Maxima Lopez, Beneficiary of Candelario Lopez

Candelario Lopez sustained a fatal injury in a motor vehicle accident while traveling from his motel to his jobsite. His widow, Maximina Lopez, sought workers' compensation benefits, which Seabright Insurance Company denied, claiming Lopez was not in the course and scope of his employment. The Texas Department of Insurance, Division of Workers’ Compensation and an Appeals Panel both determined Lopez was within the course and scope of his employment. Seabright then filed a petition for judicial review in the trial court. The trial court granted Mrs. Lopez's motion for summary judgment and denied Seabright's. This appellate court affirmed the trial court's decision, concluding that Lopez's travel, facilitated by an employer-provided vehicle and a per diem for remote work, originated in and furthered his employer’s business.

Workers' CompensationCourse and Scope of EmploymentSummary JudgmentMotor Vehicle AccidentEmployer-Provided TransportationPer DiemRemote WorkComing and Going Rule ExceptionTexas Labor CodeAppellate Review
References
11
Case No. 01-15-00618-CV
Regular Panel Decision
Oct 07, 2015

Jose Romulo Lopez v. Anita Michelle Lopez

Appellant Jose Rumulo Lopez filed a brief appealing the trial court's judgment in his divorce from Appellee Anita Michelle Lopez. He contends that the trial court erroneously characterized a portion of the marital residence as Appellee's separate property, arguing that Appellee failed to provide clear and convincing evidence to overcome the community property presumption. Appellant also challenges the $10,000 attorney's fee award to Appellee, asserting a lack of sufficient evidence for it to be a just part of the marital estate division. Furthermore, he argues that the trial court improperly denied his motion for a new trial, and that these errors warrant a reversal and re-division of the community estate.

Family LawDivorceCommunity PropertySeparate PropertyProperty DivisionAttorney's FeesMotion for New TrialAppellate ReviewLegal SufficiencyFactual Insufficiency
References
27
Case No. 14-0272
Regular Panel Decision
Jun 12, 2015

Seabright Insurance Company v. Maximina Lopez, Beneficiary of Candelario Lopez

Justice Johnson dissents, arguing that Lopez's death was not within the course and scope of employment as defined by the Texas Workers’ Compensation Act. While employer-furnished transportation might meet an exception to the 'coming and going rule,' the injury did not originate in the employer's business. Johnson distinguishes the facts from precedent, stating that Lopez was merely traveling to a fixed worksite, and his per diem compensation was unrelated to commuting risks. The dissent concludes that the injury stemmed from ordinary commuting risks, not employment duties, and therefore, workers' compensation coverage should be denied for SeaBright Insurance Company.

Workers' CompensationScope of EmploymentComing and Going RuleTexas Labor CodeEmployer-Provided TransportationDissenting OpinionWork-Related InjuryFixed Work LocationPer DiemFatal Accident
References
9
Case No. MISSING
Regular Panel Decision

Lopez v. State

Thomas Jacinto Lopez, III was convicted of theft over $100,000 but less than $200,000 and sentenced to forty-five years imprisonment, along with an order to pay $108,344 in restitution. The conviction stemmed from his deceptive practices as a contractor hired by Kay Stephenson Hill and Thomas Leroy Hill for various home repairs. Lopez engaged in multiple acts of deception, including fraudulently collecting money for non-existent city permit fees, charging for unnecessary repairs on the Hills' home (such as issues with the chimney, foundation, attic trusses, and alleged termite damage), and obtaining personal loans from them under false pretenses about his financial difficulties. Furthermore, he accepted payments for construction work and materials, like Pella windows and a credenza, that he never delivered or completed. The appellate court reviewed the legal sufficiency of the evidence and the admissibility of testimony from other customers who experienced similar deceptive practices from Lopez, ultimately affirming the conviction.

Theft by DeceptionContractor FraudUnnecessary RepairsFalse PretensesCriminal ConvictionAppellate ReviewSufficiency of EvidenceOther Acts EvidenceJuror DisabilityTexas Law
References
20
Case No. 01-18-00145-CV
Regular Panel Decision
Nov 27, 2018

IPFS Corporation v. Sue Ann Lopez

IPFS Corporation appealed the trial court’s denial of its motion to compel arbitration in a lawsuit filed by Sue Ann Lopez. Lopez, a former IPFS sales representative, sought a declaratory judgment regarding non-solicitation agreements after joining a competitor. IPFS argued that Lopez's claim fell within the broad scope of their arbitration agreement, which covered 'all legal claims arising out of or relating to employment' with specific, narrow exclusions. The court analyzed the arbitration agreement's language, emphasizing the policy favoring arbitration and noting that Lopez's declaratory judgment, despite not seeking monetary damages, did not fall under the temporary equitable relief exception. Consequently, the appellate court reversed the trial court's order, compelling arbitration and dismissing the case.

Arbitration AgreementMotion to CompelDeclaratory JudgmentNon-Solicitation AgreementEmployment DisputeContract InterpretationFederal Arbitration ActAppellate ReviewEquitable ReliefScope of Arbitration
References
19
Case No. 01-04-00095-CV
Regular Panel Decision
Jul 07, 2005

Daniel Lopez v. the Homebuilding Company, Inc., and Francis Edmon Waddle

Daniel Lopez, who sustained injuries from a fall while performing stone masonry work, appealed a final summary judgment rendered in favor of The Homebuilding Company, Inc. and Francis Edmon Waddle (Homebuilding). The judgment dismissed Lopez’s negligence and gross negligence claims. Homebuilding argued Lopez was an employee of an independent contractor, to whom they owed no legal duty. Lopez contended the trial court erred by granting summary judgment due to fact issues on Homebuilding's control over his work, unaddressed premises-defect theory, and the potential extension of the "deemed employer" doctrine. The appellate court affirmed the trial court’s judgment, concluding Lopez failed to raise a fact issue on premises-defect or actual control by Homebuilding, and waived the "deemed employer" argument.

Summary JudgmentNegligence ClaimsGross Negligence ClaimsIndependent ContractorPremises LiabilityGeneral Contractor DutyRight of ControlFall ProtectionSubcontractor LiabilityAppellate Review
References
17
Case No. 03-99-00229-CV
Regular Panel Decision
Feb 03, 2000

Lucas Lopez v. Texas Workers' Compensation Insurance Fund

Lucas Lopez (appellant) sustained an occupational disease. The Texas Workers' Compensation Insurance Fund (Fund) (appellee) appealed a district court judgment awarding Lopez benefits and refused to pay during appeal, citing Labor Code section 410.205. Lopez intended to sue for bad faith, leading the Fund to file for declaratory judgment in Travis County to clarify its obligations under section 410.205 and whether its refusal to pay breached its policy. The Travis County district court upheld the Fund's interpretation. Lopez appealed, arguing the Fund's suit should have been abated, venue transferred, and the Labor Code misconstrued. The Court of Appeals affirmed the district court's judgment, finding Lopez's motion to abate was untimely, mandatory venue in Jim Wells County was not applicable as the Fund's suit did not attack the judgment's validity but merely the timing of payment, and the district court's interpretation of Labor Code section 410.205(b) was correct, meaning the appeals panel's decision remains binding until a final judicial decision.

Workers' Compensation BenefitsDeclaratory Judgment ActionStatutory ConstructionTexas Labor Code § 410.205Abatement of ProceedingsMandatory VenueAppellate ReviewInsurance Bad FaithDeceptive Trade PracticesOccupational Lung Disease
References
13
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