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Case Law Database

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

Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
Case No. MISSING
Regular Panel Decision
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. 2019-02-0551
Regular Panel Decision
Apr 12, 2021

Maples, David ( McClain, Codi) v. Professional Personnel Services

This case involves Codi McClain, son of deceased employee David Maples, seeking death benefits from Professional Personnel Services and American Zurich. Mr. Maples died on December 16, 2017, after a work-related fall. Although funeral expenses were voluntarily paid by Professional Personnel, the claim for death benefits was later denied by American Zurich. McClain filed a Petition for Benefit Determination on November 18, 2019, almost two years after Mr. Maples's death. Professional Personnel Services filed a Motion for Summary Judgment, arguing that McClain failed to file within the one-year statute of limitations. The Court determined that McClain's reason for the late filing (difficulty hiring an attorney) was insufficient to toll the statute. Consequently, the Court granted the motion for summary judgment, dismissing McClain's claim with prejudice.

Summary JudgmentStatute of LimitationsDeath BenefitsTimeliness of FilingWorkers' Compensation ClaimMotion to DismissLegal ProcedureAppellate RightsCourt of Workers’ Compensation ClaimsPrejudice Dismissal
References
1
Case No. 2015-02-0217
Regular Panel Decision
Feb 02, 2016

Arciga, Nohemi v. AtWork Personnel Services

Nohemi Arciga, the employee, appealed the trial court's decision regarding her work-related right shoulder injury. The trial court had ordered the employer, At Work Personnel Services, to reinstate medical benefits but denied temporary disability benefits. Arciga argued that her lay testimony sufficiently proved medical causation. However, the Appeals Board affirmed the trial court's finding, stating that expert medical evidence was necessary to establish causation to a reasonable degree of medical certainty, and lay testimony alone was insufficient, especially given the lack of a complete record on appeal. The case was subsequently remanded for further proceedings.

workers' compensationmedical causationtemporary disability benefitsexpedited hearingburden of proofexpert medical evidencelay testimonyshoulder injuryAppeals Boardmedical benefits
References
3
Case No. MISSING
Regular Panel Decision

Beneficial Personnel Services of Texas, Inc. v. Rey

Ramon Rey, an oil field worker, sued Beneficial Personnel Services of Texas, Inc. (BPS) and Business Staffing, Inc. (BSI) after suffering a back injury. Rey's original employer, White Well Service, transitioned its employees to BPS/BSI, an employee leasing company, with promises of equivalent workers' compensation benefits. However, after Rey's injury, BPS/BSI significantly underpaid his benefits, delayed necessary surgery, and used an unlicensed insurance carrier. The jury found BPS committed fraud and that BPS and BSI operated as a single business enterprise, awarding Rey actual and exemplary damages, along with damages for mental anguish and damage to credit reputation. The trial court affirmed the judgment against both defendants, and this opinion upholds that decision, finding sufficient evidence for fraud, exemplary damages, and mental anguish, and that single business enterprise theory is a valid means of imposing tort liability.

Fraudulent InducementWorkers' Compensation PolicySingle Business Enterprise TheoryEmployee Leasing CompanyExemplary Damages AwardMental Anguish RecoveryCredit Reputation InjuryBreach of Employment ContractCorporate Veil PiercingUnlicensed Insurance Carrier
References
43
Case No. M2011-02746-COA-R3-CV / 1018991
Regular Panel Decision
Nov 26, 2012

Advantage Personnel Consultants, Inc. v. Tennessee Department of Commerce

This case involves a dispute between Advantage Personnel Consultants, Inc. (insured) and Liberty Mutual Insurance Company (insurer) regarding the proper classification of employees for workers' compensation insurance premiums. Advantage disputed Liberty's reclassification of its employees from 'manufacture of small tools' (3113) to 'machine shop' (3632), and later to 'construction or agricultural machinery mfg.' (3507) for employees working at TAG Manufacturing Company. Advantage contended the correct classification was 'boilermaking' (3620). The Department of Commerce and Insurance ruled in favor of the insurer (Liberty), classifying the work as 3507, which was affirmed by the Chancery Court for Davidson County and subsequently by the Court of Appeals, finding substantial and material evidence to support the Commissioner's decision.

Workers' CompensationInsurance ClassificationEmployee ClassificationPremium AuditAdministrative LawAppellate ReviewSubstantial EvidenceMaterial EvidenceStatutory InterpretationCode Classification
References
7
Case No. 09-20-00185-CV
Regular Panel Decision
Dec 10, 2020

in Re FW Services, Inc. D/B/A Pacesetter Personnel Services

FW Services, Inc., operating as Pacesetter Personnel Services, sought a writ of mandamus to compel the trial court to vacate an order denying a plea to the jurisdiction and abate a personal injury suit. The suit was filed by Pacesetter's employee, Anthony Snowden, who alleged negligence against Pacesetter and a co-employee, Joshua Dancurtis Franklin. Pacesetter argued that the Texas Workers’ Compensation Act provided the exclusive remedy and required abatement until the workers' compensation proceedings before the DWC concluded. The Court of Appeals found that the trial court abused its discretion by not abating the negligence suit while the DWC had active jurisdiction over the workers' compensation claim. Consequently, the petition for writ of mandamus was conditionally granted.

MandamusAbatementWorkers' CompensationExclusive RemedyPlea to JurisdictionPersonal InjuryScope of EmploymentTrial Court DiscretionAppellate ReviewOriginal Proceeding
References
2
Case No. MISSING
Regular Panel Decision

Mandel v. United States Office of Personnel Management

Michael Mandel sued the United States Office of Personnel Management (OPM) and two individual defendants, McCann and Crandell, alleging violations of the Privacy Act. The lawsuit stemmed from OPM's disclosure of Mandel's employment records to his former supervisors during an appeal to the Merit Systems Protection Board (MSPB), where Mandel challenged OPM's negative suitability determination for federal employment due to alleged falsification of records. Mandel moved for summary judgment, arguing OPM's disclosure was unlawful and caused him emotional distress and pecuniary loss, while defendants cross-moved, asserting a 'routine use' exception and lack of causation. The court denied Mandel's motion and granted the defendants' cross-motion, ruling that the disclosure fell within the Privacy Act's 'routine use' exception. Furthermore, the court found Mandel failed to establish a causal connection between the disclosure and his claimed adverse effects, concluding that his own falsification of documents was the cause. Finally, the claims against the individual defendants were dismissed as the Privacy Act does not permit suits against individuals.

Privacy ActSummary JudgmentRoutine Use ExceptionFederal EmploymentSuitability DeterminationMSPB AppealFalsification of DocumentsInformation DisclosureAdverse EffectCausal Connection
References
17
Case No. No. 91-16599-B
Regular Panel Decision

Texas Workers' Compensation Insurance Facility v. Personnel Services, Inc.

The Texas Workers’ Compensation Insurance Facility ("Facility") sued Personnel Services, Inc. ("PSI"), an employee leasing company, alleging that PSI misrepresented its employer status to procure lower workers’ compensation insurance rates for its client companies. The trial court found PSI misrepresented its status but issued a take-nothing judgment, citing the affirmative defenses of waiver, ratification, and estoppel. On appeal, the court examined whether the Facility had sufficient specific knowledge of PSI's fraud to bar recovery. The appellate court concluded that the Facility's general awareness of the staff leasing industry was insufficient to establish specific knowledge of PSI's misrepresentations. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a determination of damages on the Facility’s fraud claim.

fraudworkers' compensation insuranceemployee leasingmisrepresentationexperience modifieraffirmative defenseswaiverratificationestoppelemployer status
References
13
Case No. M2004-00647-COA-R3-CV
Regular Panel Decision
Nov 15, 2005

Yvonne N. Robertson v. Tennessee Board of Social Worker Certification and Licensure

The Tennessee Board of Social Worker Certification and Licensure appealed a Chancery Court decision that had set aside the Board's two-year license revocation of Yvonne N. Robertson. Robertson, a licensed clinical social worker, had her license revoked for engaging in a prohibited 'dual relationship' with a client. The Chancery Court ruled that the Board's sanctions were an abuse of discretion and arbitrary, partly due to the Board's consideration of Robertson's 1982 felony forgery conviction. The Court of Appeals of Tennessee reversed the Chancery Court's decision, determining that the Board was authorized to review its prior records and that the imposed sanction was both warranted in law and justified in fact. Consequently, the Board's original order of revocation was reinstated.

Social Worker CertificationLicense RevocationDual RelationshipUnethical ConductAdministrative LawJudicial ReviewStandard of ReviewProfessional EthicsAppellate Court DecisionTennessee Law
References
26
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