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

Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. 13-00-313-CV
Regular Panel Decision
Nov 21, 2001

Montemayor, Rolando v. Chapa, Rolando, U.S.A., Waste-Management Resources, LLC, and Waste-Management of Texas, Inc., F/D/A U.S.A. Waste of Texas, Inc.

Rolando Montemayor, a temporary employee assigned to Waste Management, was injured in an automobile accident and received worker's compensation benefits through his general employer, Express Personnel Services. He subsequently sued Waste Management and its employee, Rolando Chapa, for negligence. The trial court granted summary judgment for the defendants, citing the borrowed servant and fellow servant doctrines, which bar common-law claims under the Texas Worker's Compensation Act's exclusive remedy provision. The Court of Appeals affirmed this decision, finding that Waste Management had the right of control over Montemayor, making him a borrowed servant, and Chapa a co-employee, thus upholding the summary judgment.

worker's compensationsummary judgmentborrowed servant doctrinefellow servant doctrinerespondeat superiortemporary employmentexclusive remedyTexas lawappellate reviewnegligence
References
18
Case No. MISSING
Regular Panel Decision

National Basketball Ass'n v. Design Management Consultants, Inc.

The National Basketball Association (NBA) and NBA Properties, Inc. (plaintiffs) initiated a civil contempt motion against Designer Management Consultants, Inc. (DMC) and Delroy Allen (defendants). Plaintiffs alleged that defendants violated a Preliminary Injunction on Consent, issued on August 11, 2003, by continuing to sell 'Disputed Merchandise' bearing NBA trademarks and failing to provide a complete accounting of these sales. The court found clear and convincing evidence of non-compliance regarding merchandise sales and accounting documentation. Consequently, the plaintiffs' motion for civil contempt was granted, with sanctions including a $2,500 daily fine for continued non-compliance after October 15, 2003, and an entitlement to net profits from the unlawful sales, to be determined later.

Trademark InfringementCivil ContemptPreliminary InjunctionTrademark DilutionUnfair CompetitionDeceptive ActsBrand ProtectionIntellectual PropertySanctionsCompliance
References
6
Case No. 3-93-672-CV
Regular Panel Decision
Oct 12, 1994

Employers Casualty Company Focus Healthcare Management, Inc. Genesys Cost Management Systems, Inc. Corporate Systems, Ltd. Employers National Risk Management Services, Inc. And Havis Wayne Dortch v. Texas Association of School Boards Workers' Compensation Self Insurance Fund El Paso I.S.D. Irving I.S.D. Hico I.S.D. And Aransas Pass I.S.D.

This is an interlocutory appeal from a district court order granting class certification. The Texas Association of School Boards Workers' Compensation Self-Insurance Fund and several independent school districts (appellees) sued Employers Casualty Company and other entities (appellants) alleging misrepresentation and breach-of-contract related to workers' compensation benefits and medical cost containment services. Appellants raised seven points of error regarding standing, the certification hearing, and the requirements of Texas Rule of Civil Procedure 42. The Court of Appeals affirmed the district court's order, finding that the Fund had standing, the class certification hearing was proper, and the class satisfied the prerequisites and maintenance criteria of Rule 42, particularly under Rule 42(b)(4) for predominance and superiority of common issues.

Class ActionClass CertificationInterlocutory AppealStandingNumerosityCommonalityTypicalityRepresentativenessRule 42Predominance
References
22
Case No. 01-14-00379-CV
Regular Panel Decision
Aug 06, 2015

Mose A. Guillory and Mary Guillory v. Seaton LLC D/B/A Staff Management

Mose A. Guillory and Mary Guillory appealed the dismissal of their lawsuit against Seaton, LLC D/B/A Staff Management under Texas Rule of Civil Procedure 91a. Mose Guillory, an employee of iWorks assigned to Waste Management, was injured while operating machinery and alleged he received no proper safety training. The Guillorys sued Seaton, asserting various negligence claims including negligent undertaking. The trial court granted Seaton's motion to dismiss. On appeal, the Court of Appeals affirmed the trial court's decision, concluding that the negligent-undertaking claim lacked a legal basis and upholding the constitutionality of Rule 91a against challenges regarding statutory authority, open courts, free speech, due process, and equal protection.

Rule 91aNegligent UndertakingMotion to DismissStatutory InterpretationConstitutional LawOpen CourtsDue ProcessEqual ProtectionFree SpeechAppellate Procedure
References
44
Case No. 08-00-00114-CV
Regular Panel Decision
Aug 22, 2002

SCM Management, Inc./Manuela Ortiz v. Ortiz, Manuela/SCM Management, Inc.

Manuela Ortiz, a housekeeper, sued SCM Management, Inc. for wrongful discharge under the Texas Worker's Compensation Act, alleging retaliation for her intent to file a worker's compensation claim due to worsening hand pain. A jury found in favor of Ortiz, awarding damages for lost wages and mental anguish, but the trial court excluded exemplary damages. SCM appealed, challenging the sufficiency of evidence for retaliatory discharge, lost wages, and mental anguish. Ortiz cross-appealed the denial of exemplary damages. The appellate court affirmed the trial court's judgment, upholding the findings for retaliatory discharge, lost wages, and mental anguish, but agreed that there was insufficient evidence for exemplary damages.

Worker's CompensationRetaliatory DischargeEmployment LawMental AnguishExemplary DamagesSufficiency of EvidenceLost WagesMitigation of DamagesTexas Labor CodeAppellate Review
References
28
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. MISSING
Regular Panel Decision

Hill v. Texas Council Risk Management Fund

Moneta Lynn Hill brought suit against her governmental employer’s self-insurance fund, Texas Council Risk Management Fund (the Fund), seeking uninsured/underinsured motorist (UM/UIM) benefits after sustaining injuries in a work-related motor vehicle accident. Hill argued that UM/UIM coverage should be presumed due to the Fund's failure to reject it in writing, as mandated by the Texas Insurance Code. The Fund countered that the Insurance Code does not apply to self-insurance funds established by governmental units. The trial court granted summary judgment in favor of the Fund, and the appellate court affirmed, holding that Article 715c of the Texas Revised Civil Statutes exempts governmental self-insurers from the Insurance Code's provisions. The court also deemed Hill's claims for subrogation offset and attorney's fees as moot and not ripe, respectively.

Self-insuranceGovernmental unitsUninsured/Underinsured Motorist (UM/UIM)Texas Insurance CodeSummary Judgment AppealStatutory InterpretationWorkers' CompensationInterlocal Cooperation ActAppellate Court DecisionRisk Management Fund
References
21
Case No. 08-07-00091-CV
Regular Panel Decision
Mar 05, 2009

State Office of Risk Management v. Georgina Alonso

The State Office of Risk Management (SORM) appealed a no-evidence summary judgment granted in favor of Georgina Alonso in a worker's compensation case. SORM argued that the trial court erred in denying its motion for leave to file an untimely response and its motion for continuance, which included Dr. Steiner's affidavit, claiming good cause due to miscommunication with Alonso's counsel. The appellate court reviewed the trial court's ruling under an abuse of discretion standard, finding that SORM failed to demonstrate good cause for the late filing as required by Rule 5 of the Texas Rules of Civil Procedure. Consequently, the appellate court presumed the trial court did not consider the late-filed evidence and affirmed the summary judgment, concluding that SORM failed to raise a genuine issue of material fact.

Worker's CompensationSummary JudgmentAppellate ProcedureAbuse of DiscretionTimely FilingGood CauseNo-Evidence MotionContinuanceMedical ExpertTexas Rules of Civil Procedure Rule 5
References
13
Case No. MISSING
Regular Panel Decision
Oct 20, 1993

Olsen v. We'll Manage, Inc.

The case concerns an appeal by We'll Manage, Inc. from an order denying its cross motion for summary judgment in an action brought by plaintiff Gary Olsen under Labor Law §§ 240 and 241. We'll Manage, Inc. contended that Olsen was its special employee, providing evidence of direct supervision, work assignments, the right to fire him, and payment signed by its personnel, despite his wages being drawn from a general employer's account. The court found this established a special employment relationship. As Olsen received workers' compensation benefits from his general employer, he is statutorily barred from maintaining an action against the special employer. Consequently, the appellate court reversed the lower court's order, granted We'll Manage, Inc.'s cross motion, and dismissed the complaint against the appellant.

Special EmployeeWorkers' Compensation BarSummary JudgmentLabor LawDirect SupervisionControlAffidavitDeposition TestimonyGeneral EmployerAppellate Reversal
References
6
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