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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. 13-08-00589-CV
Regular Panel Decision
Nov 10, 2010

National Union Fire Insurance Company of Pittsburgh, Pa and Industrial Risk Insurers v. John Zink Company Fisher Controls Company, Inc. Fisher Controls International, Inc. Fisher Controls Installation and Service Company And Valtek, Inc.

This litigation, stemming from refinery explosions and fires in the 1980s, involved an appeal by National Union Fire Insurance Company and Industrial Risk Insurers (the Insurers) against various contractors (the Contractors). The Insurers, as subrogees of Valero Energy Corporation, sought damages for product liability, negligence, breach of contract, and Deceptive Trade Practices Act (DTPA) violations. The core legal dispute centered on whether the Contractors qualified as 'subcontractors' under a master contract between Valero and M.W. Kellogg Construction Company, which contained extensive waiver and release provisions. The appellate court affirmed the trial court's final summary judgment, concluding that the Contractors were indeed subcontractors, the express negligence doctrine did not apply to the post-act release, and Valero had validly waived its DTPA claims, thereby binding its subrogees.

Contractual WaiversSubrogation RightsSummary Judgment AppealExpress Negligence RuleDeceptive Trade Practices ActParol Evidence Rule ApplicationJudicial AdmissionsConstruction ContractsInsurance LitigationThird-Party Beneficiary
References
31
Case No. MISSING
Regular Panel Decision

Johnson v. Fulton Sylphon Division, Robertshaw Controls Co.

Willie J. Johnson, a black male, filed a Title VII lawsuit against his employer, Fulton Sylphon Division of Robertshaw Controls Company, alleging racial discrimination regarding a denied transfer to the Numerical Control Department and subsequent retaliatory discharge. Johnson claimed he was denied promotion due to his race and fired in retaliation for his protected activities. The defendant argued that Johnson's excessive absenteeism, poor work performance, and lack of qualifications were legitimate, non-discriminatory reasons for its decisions. The court found that Johnson failed to establish a prima facie case of discrimination, concluding he was not qualified for the transfer due to his consistent poor work record. Furthermore, his discharge was found to be a result of his ongoing absenteeism and uncooperative attitude, not retaliation. The court ruled in favor of the defendant.

Racial DiscriminationEmployment DiscriminationTitle VIIRetaliatory DischargeAbsenteeismPoor Work PerformancePrima Facie CaseMcDonnell Douglas TestPretextStatistical Evidence
References
18
Case No. 19-0282
Regular Panel Decision
Apr 30, 2021

Waste Management of Texas, Inc. and Rigoberto Zelaya v. Robert Stevenson

Justice Boyd issues a concurring opinion, agreeing with the Court's judgment that Robert Stevenson was an employee of Waste Management of Texas, Inc. under the Workers' Compensation Act, but disagrees with the Court's reasoning. He argues that the Court errs by creating a new test for employee status in workers' compensation cases, diverging from the well-established 'right-to-control' test applicable to both workers' compensation and vicarious liability. Boyd emphasizes that an express contract denying the right to control can be overcome by conclusive evidence of actual control if it demonstrates the contract was a sham or implicitly modified. He concludes that the summary-judgment record in this case compellingly shows Waste Management's persistent and comprehensive control over Stevenson's work, thus establishing an employer-employee relationship.

Workers' CompensationEmployee StatusIndependent ContractorRight to ControlDual EmploymentContractual InterpretationTexas Supreme CourtConcurring OpinionVicarious LiabilityStaffing Agency
References
23
Case No. MISSING
Regular Panel Decision

University of Texas at El Paso v. Magdalena Ochoa

Magdalena Ochoa, a former temporary employee, sued The University of Texas at El Paso (UTEP) for sexual harassment, sex discrimination, and retaliation under the Texas Commission on Human Rights Act (TCHRA). This appeal by UTEP challenges the trial court's denial of its plea to the jurisdiction, asserting governmental immunity and arguing it was not Ochoa's employer. The appellate court examined the hybrid economic realities/common law control test and the Rennels test for standing. While finding UTEP did not satisfy the economic realities component of an employer-employee relationship, the court concluded that a fact issue existed regarding UTEP's control over Ochoa's employment opportunities for standing under the Rennels test. Consequently, the appellate court affirmed the trial court's decision to deny UTEP's plea to the jurisdiction.

Employment DiscriminationSexual HarassmentRetaliationGovernmental ImmunityPlea to the JurisdictionTexas Commission on Human Rights ActEmployer-Employee RelationshipHybrid Economic Realities TestCommon Law Control TestRennels Test
References
24
Case No. MISSING
Regular Panel Decision

International Union v. Johnson Controls, Inc.

Robert Sullivent filed a wrongful discharge lawsuit against his employer, Johnson Controls, Inc., under the Texas Workers’ Compensation Act. The trial court initially granted summary judgment in favor of Johnson, which Sullivent subsequently appealed. Concurrently, Sullivent's union initiated grievance arbitration, which also concluded in favor of Johnson. Johnson then sought to dismiss Sullivent's appeal, arguing the arbitration decision preempted the state action. The court of appeals agreed and dismissed the appeal. However, a higher court reversed this decision, stating that state causes of action regarding labor disputes are permissible if they do not require interpretation of collective bargaining agreements, thereby ruling that Sullivent's action was not preempted and remanding the case for further consideration.

Wrongful dischargeWorkers' Compensation ActArbitration preemptionCollective bargaining agreementState law preemptionFederal preemptionSummary judgmentAppellate reviewWrit of errorRemand
References
3
Case No. MISSING
Regular Panel Decision

Alvarado v. Wingfoot Enterprises

Justice Taft's concurring opinion criticizes the application of the "right to control" test in determining employer status for workers' compensation purposes, particularly in "borrowed servant" scenarios. He argues that this test, traditionally used to impose liability, is misapplied when used to shield employers from common-law liability, leading to unfair results that undermine the workers' compensation scheme's intent. Taft highlights that previous court decisions, specifically Smith v. Otis Eng’g Corp. and Archem Co. v. Austin Indus., Inc., relied on a repealed statute and misinterpreted precedent by introducing the "right to control" test into this context. He advocates for an approach that prioritizes the payment of workers' compensation benefits as the determinant of employer immunity from common-law claims, aligning with the legislative intent of prompt compensation for employees and liability protection for subscribing employers. While bound by precedent, Justice Taft expresses a preference for the holding in Texas Industrial Contractors, Inc. v. Ammean, which he believes offers a fairer outcome consistent with the workers' compensation statute's purpose.

Borrowed Servant DoctrineRight to Control TestExclusive Remedy ProvisionEmployer ImmunityStatutory Repeal ImpactJudicial ConcurrenceCommon Law ClaimsWorkers' Compensation PolicySubrogationPrecedent Analysis
References
11
Case No. MISSING
Regular Panel Decision

Claim of Chirino v. Sanitary Controls, Inc.

This case concerns appeals from Workers’ Compensation Board decisions that upheld the State Insurance Fund's cancellation of a workers’ compensation policy for Sanitary Controls, Inc. due to nonpayment. The Fund sent a cancellation notice on November 23, 1976, effective December 11, 1976. Sanitary received it eight days before the effective date. Concurrently, Sanitary filed for bankruptcy, and a court order stayed proceedings against it but did not explicitly stop the policy cancellation. The appeals court affirmed the Board’s decision, holding that service of cancellation is effective upon mailing, not receipt, as per Workers’ Compensation Law § 54, subd 5, and that the bankruptcy filing did not negate Sanitary’s insurance obligations.

Policy CancellationNonpayment of PremiumBankruptcy LawService of NoticeInsurance LiabilityAppellate ProcedureStatutory InterpretationEmployer ObligationsInsurer ObligationsBoard Decisions
References
4
Case No. 03-04-00632-CV
Regular Panel Decision
Mar 17, 2006

State of Texas v. Precision Solar Controls, Inc.

The State of Texas, representing TxDOT, sued Precision Solar Controls, Inc., for breach of contract and warranty regarding allegedly defective traffic signals. Precision Solar filed a counterclaim for business disparagement, asserting the State waived sovereign immunity by initiating the suit. The trial court denied the State's plea to the jurisdiction. The appellate court affirmed, holding that by filing suit, the State waives its sovereign immunity against germane counterclaims, even if they are intentional torts, as the core facts concerning the signals' quality and warranty performance are common to both claims.

Sovereign ImmunityGovernmental ImmunityWaiver of ImmunityCounterclaimsBusiness DisparagementBreach of ContractBreach of WarrantyPlea to JurisdictionAppellate ReviewTexas Law
References
31
Case No. 14-02-01252-CV
Regular Panel Decision
Nov 20, 2003

Anchor Fumigation & Pest Control, Inc. v. Conrad Cortes

Conrad Cortes (appellee) sued his former employer, Anchor Fumigation and Pest Control, Inc. (appellant), alleging disability discrimination and workers’ compensation retaliation. A default judgment was entered against Anchor due to its failure to file an answer. Anchor appealed the denial of its motion for a new trial, arguing its failure to answer was due to mistake. The court affirmed the trial court's decision, finding that Anchor did not provide competent proof that its agent's failure to file an answer was accidental and not a result of conscious indifference, thus failing to meet the Craddock requirements for a new trial.

Default judgmentMotion for new trialAppellate reviewAbuse of discretionConscious indifferenceMistakeMeritorious defenseWorkers' compensation retaliationDisability discriminationTexas civil procedure
References
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