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

Case No. NO. 2-02-418-CV
Regular Panel Decision
Jul 29, 2004

Gina Lively and Robert Lively v. Adventist Health System/Sunbelt, Inc. D/B/A Huguley Memorial Medical Center

This is a premises liability case arising from an alleged carjacking, abduction, and sexual assault of Gina Lively on the Hospital's premises. Gina and Robert Lively sued Adventist Health System/Sunbelt, Inc. d/b/a Huguley Memorial Medical Center, alleging negligence and breach of implied warranty. The trial court granted a directed verdict in favor of the Hospital. The Appellants appealed the directed verdict on premises liability, and the denial of their motion to reopen, for mistrial, and for a new trial and sanctions. The Court of Appeals affirmed the trial court's judgment, finding no evidence of cause-in-fact for negligence and no recognized cause of action for breach of implied warranty.

Premises LiabilityNegligenceDirected VerdictForeseeabilityCause-in-FactImplied WarrantyAbductionSexual AssaultEmployee SafetyInadequate Security
References
41
Case No. 19 Misc 3d 1104(A), 2008 NY Slip Op 50546(U)
Regular Panel Decision

Westchester Medical Center v. American Transit Insurance

This case involves an appeal in an action to recover no-fault medical payments. The plaintiff, Westchester Medical Center (WMC), as assignee of Daphne McPherson, sought summary judgment against American Transit Insurance Company, arguing that the defendant failed to timely pay or deny benefits. The Supreme Court initially granted WMC summary judgment. However, the appellate court reversed this judgment, finding that the defendant had presented a prima facie case for a timely request for additional verification, which effectively tolled the period for denying the claim. The defendant's denial was based on the premise that McPherson might be entitled to workers' compensation benefits. While reversing the summary judgment for WMC, the appellate court declined the defendant's request for summary judgment or referral to the Workers' Compensation Board due to insufficient evidence from the defendant regarding workers' compensation eligibility.

No-fault medical paymentsInsurance disputeSummary judgment reversalTimely denialAdditional verificationWorkers' compensation eligibilityAppellate DivisionAssignee claimMotor vehicle accidentCivil Practice Law and Rules
References
6
Case No. 08-22-00043-CV
Regular Panel Decision
Mar 15, 2023

Texas Health & Human Services and El Paso State Supported Living Center v. David Sepulveda

Appellee David Sepulveda sued Appellants Texas Health & Human Services and El Paso State Supported Living Center, alleging age and gender discrimination and retaliation after being denied promotions. The State filed a plea to the jurisdiction, which the trial court partially denied, leaving an age discrimination claim and two retaliation claims. On appeal, the Court affirmed the trial court's denial of the plea for the age discrimination claim, finding Sepulveda presented sufficient evidence of pretext regarding the State's hiring reasons. However, the Court reversed the trial court's denial for the two retaliation claims, concluding Sepulveda failed to establish a causal link or but-for causation for the adverse employment actions. Consequently, the two retaliation claims were ordered dismissed.

Age DiscriminationRetaliationEmployment LawTexas Commission on Human Rights Act (TCHRA)McDonnell-Douglas FrameworkPlea to the JurisdictionSovereign ImmunityPrima Facie CasePretextCausal Link
References
62
Case No. 12-20-00235-CV
Regular Panel Decision
Jul 30, 2021

Texas Health & Human Services Commission Lufkin State Supported Living Center v. Gerald Willard

Gerald Willard, an employee at the Lufkin State Supported Living Center, developed leg pain and began using a cane. After being told he couldn't work with his cane, he submitted a doctor's note and was subsequently advised to resign and reapply for a security guard position, which he did. However, he was then informed he was ineligible for the new role. Willard filed suit alleging disability discrimination and failure to accommodate. The trial court denied the employer's plea to the jurisdiction, but the Court of Appeals reversed, dismissing the discrimination claim due to sovereign immunity. The failure to accommodate claim was remanded to the trial court to allow Willard to amend his pleadings.

Disability DiscriminationFailure to AccommodateSovereign ImmunityPlea to the JurisdictionConstructive DischargeTexas Labor CodeEmployment LawAppellate ReviewJurisdictional FactsProbationary Period
References
24
Case No. 01-19-00346-CV
Regular Panel Decision
May 20, 2021

Four J's Community Living Center, Inc. and Anthonia Uduma v. Patti J. Wagner, as Guardian of Jenny Ann Wagner, an Incapacitated Adult

The appellants, Four J's Community Living Center, Inc. and Anthonia Uduma, challenged a trial court's judgment in favor of Patti J. Wagner, as guardian of Jenny Ann Wagner. Jenny, an incapacitated adult, sustained severe burns and smoke inhalation in a fire at a residential care facility operated by Four J's and owned by Uduma. The jury found Four J's and Uduma negligent, awarding significant non-economic damages for past and future pain and disfigurement. The Court of Appeals affirmed the judgment, finding legally sufficient evidence of Uduma's negligence as the premises owner and factually sufficient evidence for the damages awarded. The court also rejected the application of a health care liability damages cap, stating that Four J's did not conclusively prove its status as a licensed health care provider.

NegligencePersonal InjuryResidential Care FacilityFire SafetyDamagesLegal SufficiencyFactual SufficiencyPremises LiabilityHealth Care Liability ClaimTexas Medical Liability Act
References
33
Case No. 04-06-00417-CV
Regular Panel Decision
Jun 25, 2008

Sylvia Casas, Ind. Substantively Consolidated Bankruptcy Estates of Fountain View, Inc. as Successor to Summit Care Corporation, Summit Care Texas, L.P. D/B/A Comanche Trail Nursing Center and Summit Care Management Texas and Robert Gundling, Ind. v. Rosamarie Paradez, as the Administrator and Heir at Law of the Estate of Tranquilino Mendoza

This case involves a medical malpractice survival action initiated by Rosamarie Paradez, daughter of the deceased Tranquilino Mendoza, against Sylvia Casas, Robert Gundling, and the consolidated bankruptcy estates of Fountain View, Inc. (successor to Summit Care Corp. and Summit Care Texas, L.P., operators of Comanche Trail Nursing Center). Mendoza, an 81-year-old nursing home resident, suffered severe injuries after being beaten by a violent roommate, allegedly due to the appellants' negligence. The appellants challenged various aspects of the trial court's judgment, including the denial of new trial motions, sufficiency of damages, excessive awards, and the application of damages caps. The appellate court affirmed the trial court's judgment, upholding the damages awarded for pain, mental anguish, and physical impairment, and finding no error in the application of the damages cap or the finding of negligence against Gundling.

Medical MalpracticeNursing Home NegligencePersonal InjurySurvival ActionAppellate ReviewJury ArgumentDamages CapFactual SufficiencyMental AnguishPhysical Impairment
References
35
Case No. 03-03-00435-CV
Regular Panel Decision
Jul 29, 2004

Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission/East Side Surgical Center Clinic for Special Surgery And Surgical and Diagnostic Center, L.P. v. East Side Surgical Center Clinic for Special Surgery/Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission

This case involves the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center, Clinic for Special Surgery, and intervenor Surgical and Diagnostic Center, L.P. (collectively "East Side") sued the Commission to invalidate certain default rules that applied when specific guidelines were absent. The district court declared one rule (133.304(i)) invalid and enjoined its enforcement, citing unlawful delegation of authority. On appeal, the Court of Appeals reversed the district court's judgment regarding the rule's invalidity and dissolved the injunction, citing a Texas Supreme Court decision finding no unlawful delegation. The court affirmed that East Side was not entitled to its usual and customary fee in the absence of specific guidelines.

Workers' CompensationAdministrative LawDelegation of AuthorityRulemakingAmbulatory Surgical CentersJudicial ReviewInsurance CarrierFee GuidelinesFair and Reasonable RatesStatutory Interpretation
References
38
Case No. 2-06-016-CV
Regular Panel Decision
Mar 15, 2007

Shioleno Industries, Inc. AND Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington v. Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington AND Shioleno Industries, Inc.

Shioleno Industries, Inc. appealed a summary judgment granted in favor of Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC d/b/a Medical Center of Arlington (the Hospital). The case originated from the Hospital's alleged failure to disclose an employee's positive drug and alcohol test results to Shioleno after an on-the-job injury. Shioleno contended that this omission led to increased workers' compensation premiums and expenses in unemployment benefit disputes. The appellate court affirmed the trial court's judgment, ruling that Shioleno failed to provide a valid authorization for the disclosure of medical information. Consequently, the Hospital had no legal duty to disclose the results and could not be held liable for negligence, breach of contract, or Deceptive Trade Practices Act (DTPA) violations.

Summary JudgmentMedical RecordsDisclosure AuthorizationHealth & Safety CodeNegligenceBreach of ContractDTPADrug TestingAlcohol TestingEmployer Liability
References
13
Case No. 08-05-00033-CV
Regular Panel Decision
Aug 03, 2006

Martha Gray, Rose Marie Salvato, and Edmund Higginbotham of the Estate of Mary Ann Higginbotham v. Woodville Health Care Center Dba Wodville Convalescent Center Dba Cantex Health Care Centers Dba Denison Healthcare Denter Ltd. Co. & Kerry Evans M.D.

This case concerns an appeal by Martha Gray, Rose Marie Salvato, and Edmund Higginbotham, Executor of the Estate of Mary Ann Higginbotham, from summary judgments granted in favor of Dr. Kerry Evans and Woodville Healthcare Center. Appellants filed a wrongful death suit alleging medical malpractice, gross negligence, and negligence per se following the death of Brayton Gray, who was a patient at Woodville nursing home under Dr. Evans' care. The central issue was whether the Appellants provided sufficient evidence of causation to support their claims. The court found that the expert testimony presented was conclusory or speculative and failed to establish the necessary causal link. Additionally, the court ruled that the Appellants lacked standing for constitutional claims and that no state action was involved for a Fourteenth Amendment violation. Consequently, the appellate court affirmed the trial court's judgment.

Medical malpracticeWrongful deathSummary judgmentCausationExpert testimonyNursing home negligenceParkinson's diseaseConstitutional rightsFourteenth AmendmentState action
References
27
Case No. 03-14-00726-CV
Regular Panel Decision
Oct 30, 2014

Texas San Marcos Treatment Center, L.P. D/B/A San Marcos Treatment Center v. Veronica Payton

Texas San Marcos Treatment Center appeals the trial court's denial of its motion to dismiss Veronica Payton's health care liability claim. Payton alleged negligence after being assaulted by a patient at the treatment center. The appellant argues that the expert report provided by Dr. William H. Reid is deficient, lacking factual support and specificity concerning the standard of care, its breach, and causation, as required by Chapter 74 of the Texas Civil Practices and Remedies Code. The appellant asserts the trial court abused its discretion by finding the report adequate and requests dismissal of the claims.

Medical MalpracticeExpert ReportMotion to DismissAbuse of DiscretionStandard of CareBreach of DutyCausationHealth Care Liability ClaimPsychiatric FacilityEmployee Assault
References
25
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