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

Case No. 03-05-00032-CV
Regular Panel Decision
May 04, 2007

Board of Medical Examiners for the State of Texas and Donald W. Patrick, M.D., J.D., as Executive Director of the Board of Medical Examiners for the State of Texas v. Vivian Adaobi O. Nzedu, M.D.

The Texas State Board of Medical Examiners denied Dr. Vivian Nzedu's medical license application, citing her failure to pass the USMLE within the statutorily permitted attempts. The Board included an examination attempt made prior to the effective date of the 'three-attempts statute' (September 1, 1993). The trial court initially sided with Dr. Nzedu, ruling that pre-1993 attempts should not be counted. However, the appellate court reversed this decision, concluding that counting pre-statute examination attempts is not an unconstitutional retroactive application of the Medical Practice Act, as it merely draws upon antecedent facts and does not impair a vested right. The court deferred to the Board's reasonable interpretation of the statute. The case was remanded for a determination of attorneys' fees.

Medical LicensingUSMLEStatutory InterpretationRetroactivityVested RightsAdministrative LawTexas Medical Practice ActPhysician LicensureExamination RequirementsAppellate Review
References
24
Case No. 14-04-00819-CV; 14-04-01103-CV
Regular Panel Decision
Sep 08, 2005

in Re: Universal Computer Consulting Holding, Inc.

Relators, Universal Computer Consulting Holding, Inc., Universal Computer Consulting, Ltd., and Dealer Computer Services, Inc., filed an appeal and a petition for writ of mandamus after the trial court denied their motion to compel arbitration against Hillcrest Ford Lincoln-Mercury, Inc. The dispute arose from two contracts between DCS and Hillcrest containing arbitration provisions. Hillcrest argued the provisions were unconscionable due to fraudulent inducement, a Michigan forum selection clause, limited remedies, a shortened statute of limitations, and potential prohibitive arbitration costs. The appellate court found that Hillcrest failed to prove either procedural or substantive unconscionability. Additionally, the court ruled that the non-signatories, UCCH and UCC, could compel arbitration under equitable estoppel because Hillcrest's allegations involved substantially interdependent and concerted misconduct by both the non-signatories and the signatory. Consequently, the appellate court conditionally granted the petition for writ of mandamus and dismissed the interlocutory appeal, instructing the trial court to vacate its order and compel arbitration.

ArbitrationMandamusInterlocutory AppealUnconscionabilityForum Selection ClauseChoice of LawStatute of LimitationsEquitable EstoppelNon-SignatoriesContract Law
References
31
Case No. MISSING
Regular Panel Decision

Dolenz v. Texas State Board of Medical Examiners

Bernard J. Dolenz appealed the dismissal of his suit for judicial review against the Texas State Board of Medical Examiners. The district court had dismissed the case, citing an insufficient motion for rehearing filed by Dolenz with the Board. The appellate court examined whether the motion for rehearing satisfied the requirements of the Administrative Procedure Act for judicial review. Concluding that Dolenz's motion was not so general as to fail completely, the court determined that the district court erred in granting the Board’s plea to the jurisdiction. Consequently, the appellate court reversed the dismissal order and remanded the cause for further proceedings.

Judicial ReviewAdministrative LawPlea to JurisdictionMotion for RehearingAppellate ProcedureMedical License SuspensionTexas Administrative Procedure ActJurisdictionSufficiency of PleadingsAgency Order Review
References
26
Case No. 03-93-00229-CV
Regular Panel Decision
May 31, 1995

Bernard J. Dolenz v. Texas State Board of Medical Examiners

The Texas State Board of Medical Examiners suspended Bernard J. Dolenz' medical license. Dolenz sought judicial review, but the district court dismissed his suit, asserting it lacked jurisdiction due to an insufficient motion for rehearing filed with the Board. Dolenz appealed this dismissal, arguing the district court erred in its jurisdictional finding. The appellate court examined the requirements for a motion for rehearing under the Administrative Procedure Act and found Dolenz' motion was not entirely deficient. Consequently, the appellate court determined the district court improperly granted the plea to the jurisdiction and dismissed the case, thus reversing the order and remanding for further proceedings.

Administrative LawJudicial ReviewPlea to JurisdictionMotion for RehearingSufficiency of MotionMedical License SuspensionTexas State Board of Medical ExaminersAppellate ProcedureJurisdictional DefectsStatutory Compliance
References
24
Case No. 05-18-00394-CV
Regular Panel Decision
Aug 26, 2019

Quality Metrics Partners, LLC, Clearview Diagnostics, LLC, CGK Consulting, LLC, CGK Medical Management, LLC, CGK Medical Ventures, LLC, Brodie Flanders, Michael Morales, Michael Knall, Anthony Kim, and Christopher R. Peyton v. Greg Blasingame Capricia Larson Gabby Consulting, LLC And DX Power Moves Consulting, LLC

Appellants challenged the trial court’s denial of their consolidated motions to compel arbitration. The dispute involves a series of contractual relationships, including a Representative Marketing Agreement, an alleged oral contract, and a Distribution Agreement containing an arbitration provision. The Court determined that QMP and Clearview are intended third-party beneficiaries of the Distribution Agreement, extending the arbitration clause's benefits to their agents. Consequently, all direct claims against the QMP Appellants, as well as their related tort claims, fall within the broad scope of the arbitration provision. The Court reversed the trial court's order and remanded the case for all disputes between the parties to proceed to arbitration.

ArbitrationContract DisputeThird-Party BeneficiaryNon-Signatory ArbitrationScope of ArbitrationFraudulent InducementNegligent MisrepresentationTort ClaimsIndependent ContractorMarketing Services
References
13
Case No. M2010-01582-COA-R3-CV
Regular Panel Decision
Oct 21, 2011

Kevin Cox, D.V.M. v. Tennessee Board of Veterinary Medical Examiners

Kevin Cox, a licensed veterinarian, appealed an administrative decision by the Tennessee Board of Veterinary Medical Examiners. The Board sanctioned Dr. Cox for improperly prescribing medications to farms without establishing a proper veterinarian-client-patient relationship. The Chancery Court affirmed the Board's decision. The Court of Appeals reviewed the Board's findings, concluding that there was substantial and material evidence to support the six violations related to prescribing medications without examination and sufficient follow-up. The court also found that the Board's decision was not arbitrary or capricious, rejecting arguments about insufficient notice and bias. The imposition of Type A sanctions was also upheld due to the knowing and willful nature of the violations and potential public health threats, affirming the decisions of both the Board and the Chancery Court.

Veterinary Medical EthicsPrescription PracticesAdministrative Law AppealProfessional MisconductVeterinarian-Client-Patient RelationshipStandard of CareDue ProcessSanctionsTennessee Court of AppealsRegulatory Board Decision
References
18
Case No. 03-14-00774-CV
Regular Panel Decision
Aug 28, 2015

Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

This Amicus Curiae Brief is filed on behalf of Best Friends Animal Society, a national nonprofit animal welfare organization. It opposes the Texas Board of Veterinary Medical Examiners' (the 'Board') enforcement actions against Ellen Jefferson, D.V.M., alleging these actions illegally expand the Board's jurisdiction beyond statutory limits and usurp animal welfare responsibilities delegated to the Texas Board of Health and municipalities. The brief argues the Board's actions violate both unambiguous statutory language and the Board's own rules, attempting to regulate animal welfare instead of merely licensing veterinarians. Best Friends contends that if unchecked, the Board's overreach will debilitate no-kill shelters and lead to an exponential increase in animal euthanasia in Texas.

Veterinary Licensing ActAnimal WelfareTexas Board of Veterinary Medical ExaminersJurisdiction DisputeNo-Kill SheltersRegulatory OverreachStatutory InterpretationAmicus CuriaeProperty RightsTexas Occupations Code
References
59
Case No. MISSING
Regular Panel Decision

Domino v. Professional Consulting, Inc.

Gregory Domino, a carpenter employed by Carlin Contracting Co., Inc., was injured while working on a Village of Mount Kisco water treatment facility, allegedly due to the installation of floor panels hoisted by a crane owned by Smedley Crane Service, Inc. He and his wife commenced an action for personal injuries against Professional Consulting, Inc. (PCI), the construction manager, and Smedley. The Supreme Court initially granted summary judgment to PCI, finding it was not a "contractor" or "owner" under Labor Law sections 240(1) or 241, nor liable under Labor Law section 200 or common-law negligence due to lack of supervisory authority. The appellate court affirmed this part of the decision, noting PCI's contracts expressly precluded it from supervising the work or safety procedures. However, the Supreme Court erred in granting summary judgment to Smedley, as Smedley failed to establish it lacked authority to control or supervise the crane's rigging activity, thus the appellate court reversed that portion of the decision.

Construction AccidentLabor LawSummary JudgmentReargumentConstruction Manager LiabilityCrane OperationWorker SafetyAgency LawStatutory LiabilityPremises Liability
References
12
Case No. MISSING
Regular Panel Decision
Nov 18, 2004

Claim of Shanbaum v. Alliance Consulting Group

The claimant, a software solution architect for Alliance Consulting Group, sustained an injury on September 11, 2001, while evacuating her apartment located across from her employer's World Trade Center office after the terrorist attacks. Her employer provided and paid for the apartment, which also served as a remote workspace equipped with a company laptop for accessing the main server. On the morning of the incident, the claimant had logged onto her computer, checked work emails, and begun preparing for a meeting. The Workers’ Compensation Board determined that the apartment functioned as an extension of the employer’s office and that the injury arose within the scope of her employment. This decision was subsequently affirmed on appeal.

Workers' CompensationScope of EmploymentAccidental InjuryTelecommutingHome OfficeWorld Trade Center AttacksSeptember 11Employer LiabilityArising Out Of EmploymentCourse Of Employment
References
2
Case No. MISSING
Regular Panel Decision
Nov 03, 1967

Holloway v. Board of Examiners

The petitioner, a school social worker, initiated an Article 78 proceeding to compel the respondent to provide copies of medical and other reports that led to an unsatisfactory rating in an examination for a Supervisor of School Social Workers license. The Supreme Court, Kings County, initially dismissed the petition. However, the appellate court reversed this judgment, granting the petition to the extent of directing the respondent to furnish the reports to a physician designated by the petitioner, rather than directly to the petitioner. The case was remanded to the Special Term for further proceedings, including a determination on allowing the petitioner more time to appeal the unsatisfactory rating.

Article 78 CPLRLicense ExaminationSchool Social WorkerMedical ReportsDisclosureAdministrative AppealUnsatisfactory RatingAppellate ReversalRemandPhysician Disclosure
References
3
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