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

Case No. 04-08-00070-CV
Regular Panel Decision
Nov 26, 2008

the Connecticut Indemnity Company v. Latietta J. Cay

Latietta Cay, injured on the job at Normandy Terrace Nursing Home, filed a workers' compensation claim which her employer's insurer, Connecticut Indemnity Company, contested. After an adverse decision by the Texas Workers’ Compensation Commission Appeals Panel, Cay sought judicial review. The trial court granted Cay’s motions for summary judgment, determining Connecticut Indemnity waived its right to dispute compensability and that Cay had a disability. Connecticut Indemnity appealed, arguing the trial court should have stayed proceedings pending a Texas Supreme Court decision in another case (*Mitchell*) and erred in granting summary judgment. The appellate court affirmed, stating the trial court was not obligated to await the *Mitchell* decision and that Connecticut Indemnity failed to challenge all grounds for summary judgment.

Workers' CompensationWaiverCompensabilitySummary JudgmentAppellate ReviewTexas Labor CodeInsurance ClaimDisabilityEmployer LiabilityJudicial Precedent
References
6
Case No. NO. 2-02-135-CV
Regular Panel Decision
Nov 06, 2003

Carol S. Covington v. the Travelers Indemnity Company of Rhode Island/Connecticut

Carol S. Covington appealed a take-nothing summary judgment in her bad-faith claim against The Travelers Indemnity Company of Rhode Island/Connecticut (Travelers). Covington sought weekly indemnity benefits for a 1990 work injury sustained while employed by American Airlines, arguing Travelers breached its duty of good faith and fair dealing by failing to pay. The Texas Workers' Compensation Commission (TWCC) had initially awarded Covington benefits, which she appealed. The Court of Appeals found that Covington presented more than a scintilla of evidence that Travelers' liability was 'reasonably clear,' and that a factual dispute existed regarding the extent of her injury. Therefore, the appellate court reversed the trial court's summary judgment and remanded the case for trial, concluding that Travelers had not conclusively established a good-faith dispute.

Summary Judgment AppealBad Faith ClaimInsurance LawWorkers' CompensationDuty of Good Faith and Fair DealingTexas Civil ProcedureBreach of ContractExtra-Contractual ClaimsDenial of BenefitsAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

Benavidez v. Travelers Indemnity Co. of Connecticut

Dora Benavidez initiated a workers' compensation claim, which was administratively ruled final regarding an impairment rating. After the appeals panel affirmed this ruling on October 25, 1996, Benavidez sought judicial review, filing a district court petition against Travelers Indemnity Company of Connecticut on December 4, 1996. The trial court dismissed her petition for lack of jurisdiction because she failed to file a copy with the Texas Workers' Compensation Commission within the statutory forty-day period. This court affirmed the dismissal, holding that Texas Labor Code sections 410.252 and 410.253 impose a mandatory and jurisdictional requirement for simultaneously filing the petition with both the court and the Commission within forty days of the appeals panel's decision.

Workers' CompensationJudicial ReviewAdministrative LawJurisdictionStatutory InterpretationTimelinessFiling RequirementsTexas Labor CodeAppellate ReviewDismissal
References
9
Case No. 05-16-00816-CV
Regular Panel Decision
Jan 24, 2018

Travelers Indemnity Company of Connecticut v. Billy Thompson

The case involves Billy Thompson, who sustained a compensable injury in 1997 and subsequently sought Lifetime Income Benefits (LIBs) for additional related injuries from Travelers Indemnity Company of Connecticut. After the Division of Workers’ Compensation denied his claim, a jury in district court found in Thompson's favor, awarding him LIBs. Travelers appealed, challenging the legal sufficiency of the evidence. The Court of Appeals affirmed the trial court's judgment, distinguishing the case from prior precedent. It found sufficient evidence that Thompson's radiculopathy caused indirect physical damage and harm to his feet and hands, thereby entitling him to LIBs.

Workers' CompensationLifetime Income BenefitsSufficiency of EvidenceRadiculopathySpinal InjuriesIndirect InjuryAppellate ReviewMedical Expert TestimonyJury VerdictTexas Law
References
8
Case No. 03-97-00449-CV
Regular Panel Decision
Jan 23, 1998

Dora Benavidez v. Travelers Indemnity Company of Connecticut

Dora Benavidez, injured in the course of her employment, sought additional workers' compensation. Her claim was denied by an administrative hearings officer, a decision affirmed by an appeals panel. She then filed a district court petition against Travelers Indemnity Company of Connecticut, her employer's insurance carrier, challenging the administrative decision. The trial court dismissed her petition for want of jurisdiction because she failed to file a copy of the petition with the Texas Workers' Compensation Commission within the statutory forty-day period, as required by Texas Labor Code sections 410.252 and 410.253. The appellate court affirmed the dismissal, holding that the forty-day filing requirement with the Commission is mandatory and jurisdictional.

Workers' CompensationJurisdictionAppellate ReviewStatutory InterpretationFiling RequirementsAdministrative LawTexas LawTimelinessDismissalProcedural Law
References
10
Case No. 01-14-00429-CV
Regular Panel Decision
Oct 14, 2014

Reynaldo Morales v. Travelers Indemnity Company of Connecticut

Reynaldo Morales, Appellant, files a motion to reinstate his workers' compensation case against Travelers Indemnity Co. of Connecticut, Appellee. Morales sustained an employment injury on March 17, 2000. A dispute arose regarding the extent of his compensable injury, leading to a hearing where the hearing officer ruled against him. Morales initially filed suit in 2009 (Cause No. DC-09-12253-B), which was dismissed for want of prosecution in 2010. After subsequent motions and judgments, including a summary judgment against him in 2013 (Cause No. DC-13-00310), Morales seeks to reinstate his case and requests a new trial, arguing disagreements with the process and the expiration of the Statute of Limitations.

Workers' CompensationMotion to ReinstateNew TrialAppealDismissalWant of ProsecutionSummary JudgmentStatute of LimitationsLumbar RadiculopathyCervical Radiculopathy
References
3
Case No. 01-05-00836-CV
Regular Panel Decision
May 31, 2007

Travelers Indemnity Company of Connecticut v. Jesus Espinosa

This workers' compensation case involved an appeal by Travelers Indemnity Company of Connecticut (appellant) against Jesus Espinosa (appellee) regarding the award of attorney's fees. Travelers challenged the trial court's jurisdiction to order attorney's fees in a post-trial proceeding, arguing insufficient pleadings. Travelers also contended that the evidence was legally and factually insufficient to support the award of attorney's fees and that the trial court erred by not conditioning the award of appellate attorney's fees on an unsuccessful appeal. The Court of Appeals for the First District of Texas reformed the judgment, conditioning the appellate attorney's fees on an unsuccessful appeal, and affirmed the judgment as reformed, finding the pleadings and evidence sufficient for the attorney's fee award.

Workers' CompensationAttorney's FeesJurisdictionSufficiency of EvidenceAppellate Attorney's FeesTexas Labor CodeInsurance CarrierClaimantTrial Court DiscretionAbuse of Discretion
References
11
Case No. 01-14-00429-CV
Regular Panel Decision
Dec 18, 2014

Reynaldo Morales v. Travelers Indemnity Company of Connecticut

This case concerns Reynaldo Morales's appeal of the dismissal of his worker's compensation claim against Travelers Indemnity Co. of Connecticut. Morales was injured in 2000 and received benefits, but a dispute arose over additional injuries not deemed caused by the original accident. The Division of Workers’ Compensation Appeals Panel denied further benefits in March 2009. The Texas Workers’ Compensation Act requires judicial review suits to be filed within 45 days of the Appeals Panel decision, a deadline Morales missed by over four years, filing in September 2013. The trial court granted Travelers' plea to the jurisdiction and motion to dismiss due to the untimely filing. The First District of Texas Court of Appeals affirmed the trial court's decision, holding that the 45-day deadline is jurisdictional and Morales's late filing deprived the trial court of subject matter jurisdiction.

Workers' CompensationJurisdictionTimelinessAppellate ReviewStatutory InterpretationPlea to the JurisdictionMotion to DismissPro Se AppellantFinality of JudgmentTexas Court of Appeals
References
10
Case No. 03-12-00664-CV
Regular Panel Decision
Dec 16, 2014

Ernest E. Figari, Jr. v. Travelers Indemnity Company of Connecticut

This case is an administrative appeal filed by Ernest E. Figari, Jr. against Travelers Indemnity Company of Connecticut concerning the denial of medical benefits for in-home physical therapy. Figari suffered a workplace shoulder injury, and the benefits were initially denied by the Texas Department of Insurance’s Division of Workers’ Compensation (DWC), a decision subsequently upheld by the district court. The central issue revolved around whether the in-home physical therapy was medically necessary, with the DWC relying on Official Disability Guidelines (ODG) that stipulate home health services are typically for 'homebound' patients. The appellate court affirmed the district court’s judgment, finding substantial evidence supported the DWC’s determination that Figari was not homebound, thus rendering the in-home therapy not 'reasonably required'.

Administrative AppealsMedical Benefits DenialIn-Home Physical TherapyMedical NecessityOfficial Disability GuidelinesEvidence-Based MedicineWorkers' Compensation Division (DWC)Homebound Patient CriteriaShoulder Injury ClaimsInsurance Carrier Preauthorization
References
2
Case No. 05-15-00195-CV
Regular Panel Decision
Apr 24, 2015

Dr. Eric Vanderwerff, D.C. v. Texas Department of Insurance-Division of Workers' Compensation and Commissioner Ryan Brannan, in His Official Capacity and the Travelers Indemnity Company of Connecticut

This document is an order from the Court of Appeals, Fifth District of Texas at Dallas. It addresses a motion filed by Dr. Eric Vanderwerff, D.C., who is the appellant in the case. The opposing parties are the Texas Department of Insurance-Division of Workers' Compensation, Commissioner Ryan Brannan, and The Travelers Indemnity Company of Connecticut. Dr. Vanderwerff's motion, filed on April 22, 2015, requested an extension of time to file a brief. The court granted this motion, ordering that the brief must be filed no later than May 26, 2015.

Motion to Extend TimeBrief Filing DeadlineAppellate CourtDallas CountyTexas Department of InsuranceWorkers' CompensationInsurance CompanyCommissionerProcedural OrderCourt of Appeals
References
0
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