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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Aug 05, 2013

Mohan v. Atlantic Court, LLC

Edward Mohan sustained injuries at a construction site and later died. His representatives, the plaintiffs, filed an action for personal injuries and wrongful death against the site owner, Atlantic Court, LLC, and the general contractors, Kit Construction, LLC, and Kit Construction Co., Inc. The general contractors then brought a third-party action against Mohan's employer, Eagle One Roofing Contractors, Inc., the subcontractor. The Supreme Court's order granted summary judgment dismissing the wrongful death cause of action and parts of the indemnification claims. On appeal, the order was modified: summary judgment on the wrongful death claim was denied due to factual disputes regarding the causation of Mohan's death, and summary judgment for common-law indemnification against Eagle One was denied due to a factual issue on whether Mohan suffered a grave injury. However, the contractual indemnification claims against Eagle One by Kit Construction Co., Inc. and Atlantic Court, LLC, were affirmed.

Personal InjuryWrongful DeathSummary JudgmentContractual IndemnificationCommon-Law IndemnificationConstruction AccidentSubcontractor LiabilityGeneral ContractorAppellate ReviewCausation (Medical)
References
11
Case No. MISSING
Regular Panel Decision
Nov 06, 2012

Claim of Smith v. Oneida Ltd.

The claimant appealed a Workers' Compensation Board decision concerning her husband's death benefits. In 1991, the decedent sustained a compensable lung injury, leading to permanent partial disability and continuous workers' compensation benefits until his death in September 2010. The Workers' Compensation Law Judge and the Board affirmed that the death was causally related to his work-related illness, awarding death benefits to the claimant. The self-insured employer and its claims administrator appealed this decision. The court affirmed the Board's decision, citing that a compensable illness need not be the sole cause of death, only a contributing factor. Evidence included the death certificate listing sepsis and respiratory failure, and a C-64 medical report from the decedent's long-term physician stating the death was directly or indirectly caused by the work-related illness.

death benefitscausal relationshipoccupational illnessrespiratory failuresepsispermanent partial disabilityWorkers' Compensation Board appealmedical report evidencecontributing factor
References
4
Case No. MISSING
Regular Panel Decision
Dec 03, 2003

Beesmer v. Village of DeRuyter Fire Department

In 1975, the decedent, a volunteer firefighter, suffered a heart attack and continuously received workers' compensation benefits until his death in 2002. His claimant applied for death benefits, alleging a causal link between the 1975 injury and his death. A Workers’ Compensation Law Judge (WCLJ) awarded benefits after denying the employer's request for a second adjournment to depose treating physicians, a decision affirmed by the Workers' Compensation Board. The court found substantial evidence supporting the causal relationship between the heart attack and death, noting that a work-related injury need not be the sole cause of death. Additionally, the court upheld the WCLJ's denial of the adjournment, as the employer failed to provide a sufficient excuse for not scheduling depositions or serving subpoenas during the initial adjournment period.

Workers' Compensation Death BenefitsCausal RelationshipHeart AttackCongestive Heart FailureAdjournment DenialTreating Physician DepositionSubstantial EvidenceAppellate ReviewMedical OpinionVolunteer Firefighter
References
5
Case No. 10-14-00157-CV
Regular Panel Decision
Jun 04, 2015

Thomas H. Sinclair v. Estate of Fernando Ramirez and Eva Ramirez, Individually, and Personal Representative of the Estate of Fernando Ramirez, and on Behalf of All Wrongful Death Beneficiaries

This case involves an appeal from a jury verdict in a wrongful death and survivorship action. Appellant Thomas H. Sinclair challenges the verdict in favor of the Estate of Fernando Ramirez and Eva Ramirez. Fernando Ramirez died after an altercation at Sinclair's cabaret, following heavy drinking. The jury found Sinclair partly responsible, but the appellate court reversed the judgment, concluding that the appellees failed to present legally sufficient causation evidence directly connecting Sinclair’s purported negligence with the decedent’s death due to the lack of expert medical testimony ruling out other plausible causes.

NegligenceProximate CauseWrongful DeathSurvivorship ActionExpert TestimonyMedical CausationBlunt Force Head InjuriesAlcohol IntoxicationAppellate ReviewLegal Sufficiency
References
37
Case No. MISSING
Regular Panel Decision

Nationwide Mutual Insurance Co. v. Crowe

This workers' compensation death case addresses whether death benefits can be paid in a lump sum when a bona fide dispute regarding the carrier's liability exists, without requiring a settlement. The jury found John Wayne Crowe's death was job-related and that weekly installments would cause manifest hardship to his widow, Mrs. Crowe, and son, leading to a lump sum award of $126,062.89. Appellant, Nationwide Mutual Insurance Company, contested this, citing prior interpretations of Tex.Rev.Civ.Stat.Ann. art. 8306, § 8(d) that limited lump sum payments to remarriage or settlement. The court, however, clarified that the statute allows lump sum payments simply if a bona fide dispute over liability exists, regardless of settlement. Finding such a dispute, the court overruled Nationwide's appeal and affirmed the judgment for Mrs. Crowe.

Lump Sum PaymentsDeath BenefitsWorkers' Compensation ActStatutory InterpretationBona Fide DisputeInsurance LiabilityManifest HardshipAppellate Court DecisionTexas LawPrior Case Precedent Overruled
References
8
Case No. 15-25-00061-CV
Regular Panel Decision
Apr 02, 2025

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Fort Bend County appeals a temporary injunction granted by a Harris County District Court, which prevents discovery of mental health records in an ongoing workers' compensation dispute. The underlying administrative case involves a claim for death benefits by Joshua Heiliger, whose spouse, Lauren Brittane Smith, was a paramedic. Heiliger asserts Smith's mental health condition and stress contributed to her death, thus placing her mental health at issue. The Division of Workers' Compensation's Administrative Law Judge (ALJ) issued a subpoena for Smith's mental health records from her psychiatrist, Dr. John Marcellus. Heiliger bypassed the administrative process by obtaining the injunction in District Court. Fort Bend County argues the District Court erred in interfering with the Division's exclusive jurisdiction and that Heiliger failed to exhaust administrative remedies or demonstrate irreparable injury, as Texas law provides a qualified privilege for mental health records with exceptions relevant to this case.

Workers' CompensationTemporary InjunctionDiscovery DisputeMental Health RecordsSubpoena EnforcementAdministrative Law JudgeExclusive JurisdictionExhaustion of Administrative RemediesQualified PrivilegePatient-Litigant Exception
References
53
Case No. 14-18-01075-CV
Regular Panel Decision
Dec 31, 2020

Myra Lisa Wellons, Individually and as the Representative of the Estate of Jason Wellons, Megan Wellons v. Valero Refining-New Orleans, L.L.C.

This case involves a conflict-of-laws dispute in a wrongful death action concerning Jason Wellons, who died from heatstroke while working at Valero Refining—New Orleans, L.L.C. (VRNO)'s Louisiana refinery. His family, Myra Lisa Wellons and Megan Wellons (Appellants), sued VRNO for negligence and gross negligence after receiving Texas workers' compensation benefits. The trial court applied Louisiana law, which only allows recovery for intentional acts against a statutory employer, unlike Texas law that permits recovery for gross negligence. The jury found VRNO's intentional conduct did not cause Jason's death, leading to a take-nothing judgment. The appellate court affirmed, concluding that Louisiana law properly applied due to VRNO's immunity as a statutory employer and the availability of Louisiana workers' compensation benefits to the appellants, and found no reversible error regarding expert testimony or closing arguments.

Conflict of LawsWrongful DeathIntentional ConductGross NegligenceLouisiana LawTexas LawStatutory EmployerExpert Witness TestimonyJury ArgumentAppellate Review
References
35
Case No. MISSING
Regular Panel Decision

Transcontinental Insurance Co. v. Walsh

Nettie Mae Walsh, the surviving wife of William Robert Walsh, filed a suit for death benefits under the workers' compensation act after her husband's death on September 6, 1977. Mr. Walsh had sustained compensable injuries on March 7, 1975, and was incapacitated until his death. Prior to his death, a third-party action for his injuries, filed by Mr. Walsh and his wife against Sears, Roebuck and Company, was settled for $352,000. Defendant Transcontinental Insurance Company, the worker's compensation insurer, intervened in that action and received $52,000 from the settlement. Transcontinental argued that it was entitled to offset the $200,000 net recovery from the third-party action against Mrs. Walsh's current death benefit claim, citing Article 8307, Section 6a, V.A.T.S. The trial court rendered judgment in favor of Mrs. Walsh, finding her total benefits to be $7,891.21. The appellate court affirmed this judgment, disagreeing with Transcontinental's interpretation of the statute, stating that Mrs. Walsh was not a 'workmen's compensation beneficiary entitled to benefits' at the conclusion of the third-party action, as a new cause of action for death benefits arose only after Mr. Walsh's death.

Workers' CompensationDeath BenefitsOffsetThird Party ActionSettlementSurvivor BenefitsTexas LawAdvance PaymentsLegal BeneficiariesCause of Action
References
3
Case No. 32 — 24
Regular Panel Decision

Howard v. Monahan

This case involves a review of a compensation order issued by a deputy commissioner concerning the claims of Lula Howard and her stepchildren, Soloman, Leroy, and Elinor Dave. The claims stemmed from the injury and subsequent death of Tusan Howard, who was employed in Houston, Texas, and insured by Texas Employers’ Insurance Association. The commissioner had rejected both a claim for disability prior to Tusan Howard's death and a claim for death benefits, concluding the death was not caused by the injury. District Judge Hutcheson, presiding over the review, affirmed the commissioner's rejection of the death claim, finding ample evidence to support that conclusion. However, the judge reversed the commissioner's failure to make an award for disability prior to death, remanding that specific part of the case for further findings and order.

Longshoremen's ActHarbor WorkersCompensation ClaimDisability BenefitsDeath BenefitsJudicial ReviewCommissioner's OrderFindings of FactRemandTexas
References
1
Case No. MISSING
Regular Panel Decision
Dec 31, 1989

Trevino v. Lightning Laydown, Inc.

This case involves a wrongful death and survival action following the death of Jose Trevino in a collision caused by a detached trailer. The appellants sued International Bank of Commerce (IBC) and several other defendants, who settled. A jury found IBC five percent at fault due to negligence and conscious indifference, but declined to award exemplary damages, while the settling defendants were ninety-five percent at fault. The trial court limited IBC's liability to five percent of actual damages. On appeal, the appellants argued that IBC's gross negligence should make it liable for the entire damages, contending that gross negligence is a distinct cause of action not subject to comparative negligence statutes. The appellate court affirmed the trial court's judgment, ruling that gross negligence is not a "theory other than negligence" within the meaning of Duncan v. Cessna Aircraft Co. and that the comparative negligence framework was correctly applied to reduce IBC's liability.

wrongful deathsurvival actionnegligencegross negligencecomparative negligenceexemplary damagesMary Carter settlementjoint tortfeasorsproduct liabilityappellate decision
References
18
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