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

Case No. 13-17-00346-CV
Regular Panel Decision
May 09, 2019

Audrey Nickerson v. Julio Pineda and Unique Employment, LLC, Unique Employment Services, Unique Employment I, LTD, D/B/A Unique Employment Services

Audrey Nickerson, an employee of the City of Corpus Christi, sued Julio Pineda, a temporary worker, and Unique Employment Services for negligence after Pineda, operating a City-owned backhoe, caused an injury. Appellees filed a plea to the jurisdiction, which the trial court granted. The appellate court affirmed the dismissal of claims against Pineda, determining he qualified as a government employee under the Texas Tort Claims Act and was therefore immune from suit. However, the court reversed the dismissal of claims against Unique Employment Services, concluding that the borrowed-employee doctrine, on which Unique relied, is an affirmative defense to liability and not a jurisdictional matter properly addressed in a plea to the jurisdiction. The case against Unique was remanded for further proceedings.

Plea to the JurisdictionGovernmental ImmunityTexas Tort Claims ActElection of RemediesBorrowed Employee DoctrineNegligenceTemporary StaffingVicarious LiabilityAppellate ReviewSubject Matter Jurisdiction
References
35
Case No. MISSING
Regular Panel Decision

Texas Employment Commission v. Holberg

This case involves an action to recover benefits under the Unemployment Compensation Act, appealing decisions made by the Commission. The trial court initially ruled that the Commission's denial of compensation to both plaintiffs, Holberg and Smith, was not supported by substantial evidence. The appellate court applied the substantial evidence rule, considering whether the plaintiffs were "available for work." It affirmed the judgment for plaintiff Holberg, finding his employment conditions reasonable and his voluntary retirement connected to good cause. However, the court reversed the judgment for plaintiff Smith, concluding that his restrictive conditions on employment effectively detached him from the labor market, thus supporting the Commission's original denial.

unemployment compensationsubstantial evidence ruleavailable for workvoluntary retirementlabor marketemployment benefitsTexas lawappellate reviewmachinistdisqualification
References
6
Case No. MISSING
Regular Panel Decision

Hernandez v. Texas Employers Insurance Ass'n

Texas Employers’ Insurance Association (TEIA) challenged a worker's compensation award granted to Lydia Hernandez, who claimed her asthmatic and allergic conditions were caused by her work environment. TEIA filed suit to set aside the award, and the trial court granted an instructed verdict in TEIA's favor. The appellate court affirmed this judgment, concluding that Hernandez had not provided sufficient evidence, particularly expert medical testimony, to establish a causal link between her employment and her medical conditions, which is required for compensability under worker's compensation law.

Worker's CompensationOccupational DiseaseAsthmaAllergic RhinitisCausationExpert TestimonyInstructed VerdictMedical EvidenceEnvironmental FactorsTexas Law
References
9
Case No. MISSING
Regular Panel Decision

Texas Workers' Compensation Insurance Fund v. Texas Employment Commission

Imelda Martinez, a former Vice President of Fraud Investigations for the Texas Workers’ Compensation Insurance Fund (Fund), was terminated and offered a three-month severance package. The termination memorandum conditioned the severance only on returning company equipment and documents. However, she was verbally informed that the severance was also contingent on signing a "Full and Complete Settlement and Release Agreement." Martinez complied with the written condition but did not sign the release. The Fund subsequently refused to pay severance, leading Martinez to file a wage claim with the Texas Employment Commission (TEC) under the Texas Payday Law. The TEC ruled in favor of Martinez, stating that the oral condition was unenforceable as it contradicted the written agreement. The Fund then sought judicial review in the District Court in Kleberg County, which granted summary judgment to the TEC. The appellate court affirmed the trial court's decision, concluding that the oral condition precedent was inconsistent with the written agreement and therefore invalid, upholding Martinez's entitlement to severance pay.

Severance PayEmployment LawWage DisputeTexas Payday LawContract InterpretationCondition PrecedentSummary JudgmentAppellate ReviewSubstantial EvidenceWritten Agreement
References
9
Case No. MISSING
Regular Panel Decision

Texas Employers Ins. Ass'n v. Sparrow

Allen Sparrow, an employee of Southern Stevedoring & Contracting Company, was fatally stabbed by a co-worker, Washington Jackson, on November 18, 1935, at the Beaumont city wharf during a labor strike. Due to the strike, non-striking longshoremen were confined to the wharf 24/7, leading to heightened tensions. Sparrow's parents, Steve and Celena Sparrow, sought workers' compensation, which the Industrial Accident Board awarded. The Texas Employers Insurance Association, the compensation carrier, appealed, arguing Sparrow's death was not work-related. The appellate court affirmed the compensation award, ruling that the unique employment conditions significantly increased the risk of injury, thus establishing a causal connection to his employment.

Workers' CompensationFatal InjuryWorkplace ViolenceCourse of EmploymentSpecial HazardStrike ConditionsIndustrial AccidentTexas LawEmployer LiabilityInsurance Carrier
References
5
Case No. MISSING
Regular Panel Decision
Sep 27, 1983

Claim of Lemery v. Flintkote Co.

Claimant, who developed acute pharyngitis and bronchitis in 1967, experienced a significant worsening of his respiratory condition in 1973 when his employer changed to a “dry” cement manufacturing process, exposing him to extreme dust. This exposure led to pneumonia, chronic bronchitis, and eventual incapacitation, forcing him to stop working multiple times. After being advised not to return to work under dusty conditions, he was re-employed as a janitor in a dust-free area, and his symptoms diminished. The Workers' Compensation Board found that his employment exposure aggravated a preexisting nondisabling bronchitis into a disabling condition, allowing his claim for benefits. The employer and carrier appealed, arguing that occupational aggravation of a nonoccupational disease is not compensable. The court affirmed the Board's decision, stating that the ultimate test is whether employment causes a disability that previously did not exist.

Occupational DiseaseAggravation of Preexisting ConditionChronic BronchitisCement Dust ExposureDisabilityCausationWorkers' Compensation Board DecisionMedical EvidenceEmployment-Related IllnessRespiratory Illness
References
3
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Christian

Eli Christian sued Texas Employers’ Insurance Association for total and permanent disability resulting from injuries sustained while employed by Wichita Falls Compress Company. The jury found that Christian did not suffer a subsequent injury in February 1950, contradicting the appellant's claims. The appellant challenged the trial court's acceptance of the jury's finding on the subsequent injury and the conditional submission of specific issues. The court ultimately found sufficient evidence to support the trial court’s judgment and affirmed the decision, upholding the compensation award for total and permanent disability.

Workmen's CompensationTotal Permanent DisabilityJury VerdictSpecial IssuesSubsequent InjurySufficiency of EvidenceTrial Court JudgmentAppellantAppelleePersonal Injury
References
0
Case No. MISSING
Regular Panel Decision

Elena E. Francisco, Inc. v. Texas Employment Commission

Manuel Diaz, a supervisor, was discharged from his employment for allegedly lying about a December 6, 1987 incident involving alleged marihuana use. The Texas Employment Commission (TEC) granted him unemployment compensation benefits, finding no misconduct. The employer appealed this decision, raising two points of error: (1) insufficient evidence to support the TEC's ruling and (2) trial court error in excluding evidence of other misconduct not presented to the Commission. The appellate court affirmed the district court's decision, which had upheld the TEC's ruling, emphasizing that the 'substantial evidence' rule is the correct standard of review for TEC decisions, despite statutory language implying a de novo trial. The court also found no error in the trial court's handling of the additional misconduct evidence.

Unemployment BenefitsEmployment TerminationWorkplace MisconductLyingMarihuana UseSubstantial Evidence ReviewTrial De NovoAppellate ProcedureAdministrative LawTexas Law
References
6
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Stone

Claimant Everett C. Stone, an employee of Baker & Taylor Drilling Company, sued Texas Employers’ Insurance Association for workmen's compensation after sustaining a serious back injury during employment. The Methodist Hospital of Dallas and Drs. Nash and Patterson intervened, seeking recovery for medical services. The jury found total and permanent disability, and the court awarded judgment accordingly, also granting recovery to the intervenors. The insurer appealed, arguing that a successful operation limited recovery to twenty-six weeks. The court found that the operation did not effect a cure and that Stone was entitled to recovery for total disability, overruling the insurer's first point. The court reversed and remanded the judgment due to the conditional submission of the partial incapacity issue, which was deemed reversible error as it should have been submitted unconditionally.

Workers' CompensationSpinal FusionBack InjuryTotal DisabilityPartial DisabilityMedical ExpensesSurgical InterventionJury InstructionsAppellate ReviewConditional Submission
References
14
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Smith

Texas Employers’ Insurance Association (TEIA) filed suit to set aside a worker's compensation award granted by the Industrial Accident Board in favor of Milton Carl Smith. TEIA argued Smith's disability stemmed from pre-existing conditions and a prior injury, not a job-related accident. A jury found Smith was injured on March 9, 1977, during employment with Talon Construction Company, leading to total and permanent incapacity, and awarded him $27,986.81 plus medical expenses. The appeal challenged the exclusion of physician testimony regarding Smith's injury history and the retroactive application of a 1977 amendment to Tex.Rev.Civ.Stat. Ann. art. 8306, Sec. 12c. The court concluded the evidence exclusion was harmless and the amendment constituted a substantive change, thus not retroactive, and affirmed the trial court's judgment.

Worker's CompensationIndustrial Accident BoardPre-existing ConditionsPrior InjurySpondylolysisLaminectomyHearsay EvidenceAdmissions Against InterestBusiness Records ExceptionStatutory Interpretation
References
8
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