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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. MISSING
Regular Panel Decision

Department of Housing Preservation & Development v. Deka Realty Corp.

This appellate opinion addresses the proper assessment of contempt sanctions and civil penalties against Deka Realty Corp. for numerous housing code violations. The court clarifies that civil contempt fines must compensate aggrieved tenants for actual damages, not be based on a multiplication of statutory maximums per violation, and remits for a damages hearing. Criminal contempt fines, intended to vindicate court authority, were reduced to $1,000 per contemnor. The court also held that while serious monetary sanctions can trigger a constitutional right to a jury trial, Deka Realty Corp. waived this right by failing to make a timely demand. Civil penalties against Deka were also reduced.

Contempt sanctionsCivil penaltiesHousing code violationsJury trial rightJudiciary LawCivil contempt finesCriminal contempt finesConsent decreeLandlord-tenant disputeDue process
References
56
Case No. MISSING
Regular Panel Decision

Nassau Chapter of Civil Service Employees Ass'n v. County of Nassau

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. MISSING
Regular Panel Decision
May 30, 1991

Bonilla v. New York City Civil Service Commission

In a CPLR article 78 proceeding, the petitioner challenged a determination disqualifying him from a civil service eligible list for a sanitation worker position due to a psychiatric disorder. The Supreme Court, New York County, granted the respondents' cross motion to dismiss the petition, citing the petitioner's failure to commence the proceeding before the eligible list expired. The Appellate Division affirmed this decision, relying on established case law such as Matter of Deas v Levitt, which mandates dismissal if a challenge to an eligible list determination is not initiated prior to the list's expiration. This ruling emphasizes the procedural requirement for timely legal action concerning civil service eligible lists.

Civil Service LawEligible ListDisqualificationPsychiatric DisorderNervous BreakdownTimeliness of PetitionExpiration of Eligible ListProcedural DismissalJudicial ReviewAppellate Affirmation
References
12
Case No. MISSING
Regular Panel Decision
Aug 06, 2015

Sidney B. Hale, Jr. v. City of Bonham

The document comprises two appendices related to Texas law. Appendix A presents Chapter 101 of the Texas Civil Practice and Remedies Code, known as the Texas Tort Claims Act, which addresses governmental liability for torts, defining terms, outlining liability for governmental units, setting limitations on liability, and detailing procedural aspects. Appendix B includes sections from Chapter 271 of the Texas Local Government Code, concerning purchasing and contracting authority for municipalities, counties, and other local governments, with a focus on definitions, waivers of immunity for breach of contract, and limitations on adjudication awards.

Texas lawGovernmental immunityTort claimsMunicipal liabilityLocal governmentPurchasing authorityContracting authorityStatutory interpretationSovereign immunityCivil practice and remedies
References
0
Case No. BGN 63300; BGN 63301 BGN 63302; BGN 63303
Regular
Mar 06, 2008

HARDISTENE HOWARD vs. SOUTHERN CALIFORNIA, RTD; TRAVELERS

The applicant filed a "Petition the Court for Judge Dismissal" alleging a violation of Labor Code section 5312 by the Workers' Compensation Judge. The Board treated this as a petition for disqualification, but dismissed it because it lacked the required affidavit of disqualification and did not state grounds for disqualification under Code of Civil Procedure section 641.

Petition for disqualificationLabor Code section 5311Petition for removalLabor Code section 5310WCAB Rule 10452Mandatory settlement conferenceWCJWorkers' Compensation Appeals BoardUnrepresented applicantProof of service
References
0
Case No. 12-02-00174-CV
Regular Panel Decision
May 28, 2004

Jayanti Patel v. City of Everman, Tom Killebrew, and Metro Code Analysis, L.L.P.

Jayanti Patel appealed the trial court's summary judgment in favor of the City of Everman and Tom Killebrew d/b/a Metro Code Analysis. Patel had sued the City and Killebrew for an unlawful taking of his properties without just compensation, procedural due process violations, trespass, and conversion, stemming from the demolition of his apartment buildings due to alleged code violations. The appellate court affirmed the summary judgment regarding Patel's consent to the demolition of fifteen properties, his due process claim, and his trespass and conversion claims due to res judicata. However, the court reversed and remanded the summary judgment on Patel's takings claim concerning four specific properties (403 Lee Street, 410 Race Street, 405 King Street, and 403 King Street) where the defense of consent was not applicable and a fact issue existed regarding nuisance.

Property DemolitionInverse CondemnationSummary JudgmentTexas ConstitutionDue Process ClaimTrespass ClaimConversion ClaimRes JudicataNuisance DefenseAppellate Review
References
53
Case No. ADJ7030286, ADJ7222855
Regular
Jan 09, 2012

DEBORAH STANFIELD HALL vs. OAKLAND HOUSING AUTHORITY, ATHENS ADMINISTRATORS

The applicant attempted to disqualify the judge after a trial where witnesses testified, claiming the judge was disrespectful and showed favoritism. The Workers' Compensation Appeals Board (WCAB) dismissed the petition, finding it untimely because it was filed after the swearing of the first witness. Additionally, the petition lacked the required affidavit supporting the disqualification grounds and did not specify any grounds under Code of Civil Procedure section 641. Therefore, the WCAB found the petition procedurally deficient and dismissed it.

Petition for DisqualificationLabor Code section 5311WCJ RadosPetition for ReconsiderationWCAB Rule 10452affidavit or declarationpenalty of perjuryswearing of the first witnessindustrial injuriescustomer service clerk
References
0
Case No. ADJ6905239
Regular
Oct 07, 2025

ROBERT GARRISON vs. UNIVERSITY OF CALIFORNIA LOS ANGELES, SEDGWICK CMS

The applicant filed a petition seeking to disqualify a Workers' Compensation Administrative Law Judge (WCJ) due to alleged bias. The Workers' Compensation Appeals Board (WCAB) reviewed the petition, along with the WCJ's Report and Recommendation. The Board determined that the petition did not establish valid grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641, citing that expressions of opinion in official duties or erroneous rulings do not constitute bias. Consequently, the WCAB denied the applicant's petition for disqualification.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionState of Mind Evincing EnmityWCAB Rule 10960Affidavit or DeclarationTimely Filing
References
10
Case No. ADJ18267667
Regular
Apr 14, 2025

ANA ORDAZ DE AMAYA vs. INTERSTATE MEAT CO., INC., COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a Petition for Disqualification against WCJ Tammy Homen, upholding her report. The Board found the petition lacked specific factual allegations required by Labor Code section 5311 and Code of Civil Procedure section 641. It emphasized that a WCJ's opinions or rulings, made in official duties and based on evidence, do not establish bias for disqualification. The WCJ's report indicated the petitioner's attorney, Albert Andrew Navarra, objected to an in-person appearance rather than demonstrating grounds for disqualification.

Petition for DisqualificationLabor Code section 5311Code of Civil Procedure section 641Workers' Compensation Appeals Board Rule 10960WCJbiasenmityunqualified opinionaffidavitdeclaration under penalty of perjury
References
11
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