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

Case No. 348-363561-25
Regular Panel Decision
Jun 03, 2025

What Happened in Felix vs. Weber Metals Reconsideration?

The City of Arlington and City of Fort Worth initiated a lawsuit against several Housing Finance Corporations (HFCs) and Joe Don Bobbitt, the Chief Appraiser of the Tarrant Appraisal District. The cities allege that these HFCs are unlawfully removing properties in Tarrant County from tax appraisal rolls, resulting in significant loss of tax revenue. The core of the dispute revolves around the interpretation and application of the Texas Housing Finance Corporation Act, with cities arguing that HFCs are operating outside their geographical jurisdictions and for non-low-income housing purposes. The HFCs filed pleas to the jurisdiction and motions to transfer venue. The court denied Pecos HFC's plea to the jurisdiction and granted the temporary injunctions sought by both cities, prohibiting HFCs from further acquisitions or tax exemption requests in Arlington and Fort Worth, and preventing the Chief Appraiser from granting such exemptions. The HFCs are now appealing these interlocutory orders.

Housing Finance Corporation ActTax Exemption DisputeProperty Tax LitigationDeclaratory JudgmentTemporary InjunctionGovernmental ImmunityVenue DisputeAdministrative RemediesLocal Government LawTarrant County
References
0
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

General Dynamics Corporation appealed a summary judgment concerning a tax-protest suit against the Texas Comptroller. The core issues were the constitutionality of the earned surplus portion of the amended Texas franchise tax, specifically its retroactivity, and the validity of Texas’ single-factor method for apportioning the franchise tax base. General Dynamics argued the tax amendment was a new corporate income tax that retroactively impaired vested rights and that the single-factor apportionment led to an unconstitutionally high tax burden. The court affirmed the trial court's judgment, holding that the franchise tax amendment operated prospectively and did not impair vested rights, and that the disparity caused by the single-factor apportionment method was insufficient to render it unconstitutional under the Commerce and Due Process Clauses.

Texas franchise taxtax protestretroactive lawearned surplusapportionment formulasingle-factor apportionmentmulti-state corporationCommerce ClauseDue Process ClauseDue Course of Law
References
40
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Petitioner, a Pennsylvania corporation selling adjustable beds, challenged a sales and use tax assessment for the period of March 1978 to February 1981. The corporation argued that sales of its beds, when prescribed by a physician, should be exempt as medical equipment under Tax Law § 1115 (a) (3). The respondent's determination disallowed this exemption, claiming the beds were not primarily used for medical purposes. The court, however, found the respondent's decision lacked substantial evidence, citing approvals from the Workers’ Compensation Board, Medicare, and the FDA, all of which classified the beds as medical devices or hospital beds. Consequently, the court annulled the portion of the determination denying the exemption for prescription sales and remitted the case for further proceedings.

Sales TaxUse TaxMedical Equipment ExemptionHospital BedsPhysician's PrescriptionSubstantial EvidenceTax LawCPLR Article 78Administrative ReviewTax Assessment
References
5
Case No. 14-09-00105-CV
Regular Panel Decision
Feb 04, 2009

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Relators Investment Capital Corporation (ICC) and Service Corporation International (SCI) filed a petition for a writ of mandamus to compel Judge Kathleen Stone of Probate Court No. 1 of Harris County to grant leave to designate SCI Funeral & Cemetary Purchasing Cooperative, Inc. as a responsible third party in a wrongful death suit. The underlying suit was initiated by the widow of Harold Israel, who suffered fatal injuries after falling in a parking garage. The trial court denied the relators' motion to designate SCI Funeral as a responsible third party. The Fourteenth Court of Appeals denied the petition for writ of mandamus, concluding that the relators had an adequate remedy at law and that the case did not present the extraordinary circumstances necessary to justify mandamus relief, distinguishing it from precedent such as In re Arthur Andersen.

Mandamus ReliefResponsible Third Party DesignationTexas Civil Practice and Remedies CodeAppellate RemedyWrongful Death SuitNegligence ClaimsGross NegligencePremises LiabilityWorkers' Compensation ActAbuse of Discretion
References
10
Case No. 03-15-00113-CV
Regular Panel Decision
Apr 30, 2015

Can a WCJ Be Disqualified for Appearance of Bias?

EMC Corporation appeals the denial of its motion for summary judgment, arguing its entitlement to use the Multistate Tax Compact's three-factor apportionment formula for its Texas franchise tax. EMC asserts that the Multistate Tax Compact, codified in Texas, is a binding interstate agreement that was not impliedly repealed by subsequent Texas legislation. The appellant contends that the Texas Franchise Tax qualifies as an "income tax" under the Compact's broad definition, thereby allowing taxpayers to elect the Compact's apportionment method. Disallowing this election, EMC argues, violates the Contracts, Due Process, and Commerce Clauses of the United States Constitution, as well as the Equal and Uniform Clause of the Texas Constitution, by disproportionately representing its business in Texas and imposing an unconstitutional burden on interstate commerce.

Multistate Tax CompactFranchise TaxApportionment FormulaTax LawTexas Tax CodeInterstate CompactConstitutional LawDue ProcessCommerce ClauseContracts Clause
References
31
Case No. 03-10-00709-CV
Regular Panel Decision
Aug 31, 2011

What Were the Key Rulings in Torrez vs. SuperShuttle?

Green Tree Servicing, LLC appealed a post-answer default judgment concerning ad valorem taxes on mobile homes. The original suit was filed by Travis County and other entities against Conseco Finance Servicing Corporation, later substituted with Green Tree. Green Tree failed to appear at trial, resulting in a default judgment. Green Tree filed a motion for new trial, asserting its failure to appear was due to an accident or mistake (attorney transition) and that it had a meritorious defense, arguing that as a repossessing lienholder and not an owner, it was not liable for the taxes under Texas Tax Code Ann. § 32.07. The appellate court applied the Craddock test and found that Green Tree satisfied all three elements. The court adopted the interpretation that a repossessing lienholder is not considered an 'owner' under the tax code. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Post-answer default judgmentAd valorem taxesMobile homesLienholder liabilityProperty ownershipMeritorious defenseCraddock testNew trialStatutory interpretationTexas Tax Code
References
22
Case No. 09-22-00174-CV
Regular Panel Decision
Apr 03, 2025

Why Was Removal Denied in Rush vs. California Correctional Institution?

This case from the Ninth District of Texas at Beaumont addresses an appeal by Lexington Insurance Company against Exxon Mobil Corporation and ExxonMobil Oil Corporation. Lexington challenged a summary judgment that awarded Exxon $25 million under an umbrella insurance policy. The dispute centered on whether Exxon qualified as an additional insured under a policy issued to Brock Services, LTD, and if specific policy exclusions for workers' compensation and employer's liability applied. The court affirmed the arbitration finding that Exxon was an additional insured but ultimately reversed the trial court's judgment. It ruled that the employer's liability exclusion applied, given Exxon's status as a statutory employer of Brock's injured employees through its Owner Controlled Insurance Program (OCIP), thus entitling Exxon to the exclusive remedy defense under the Texas Workers' Compensation Act. Consequently, Lexington was found to have no duty to defend or indemnify Exxon, and the awards for damages, attorney's fees, and interest were reversed.

Insurance Policy CoverageUmbrella InsuranceWorkers' Compensation ActEmployer's Liability ExclusionExclusive RemedyOCIPStatutory EmployerAdditional Insured StatusArbitration ReviewSummary Judgment Reversal
References
33
Case No. 14-18-00083-CV
Regular Panel Decision
Dec 17, 2019

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

James Construction Group, LLC and Primoris Services Corporation appealed a judgment concerning contract claims with Westlake Chemical Corporation. Chemical had initially sued James for breach of a construction contract, citing safety violations and a failure to indemnify. The jury found James liable for breach of contract and indemnification, leading to damages and attorney's fees awarded against Primoris due to a guaranty. On appeal, the court affirmed the jury's findings on James's liability and the attorney's fees against Primoris. Crucially, the court reversed the trial court's judgment awarding James damages on its counterclaim, clarifying that a contractual waiver of consequential damages serves as an affirmative defense rather than a basis for a breach-of-contract claim.

Contract LawBreach of ContractConstruction ContractIndemnificationGuaranty AgreementAttorney's FeesConsequential DamagesWaiver of DamagesConditions PrecedentSubstantial Compliance
References
136
Case No. 13-02-415-CV
Regular Panel Decision
Nov 20, 2003

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

This case involves an interlocutory appeal filed by DaimlerChrysler Corporation, challenging a trial court's certification of two nationwide classes. The plaintiffs are owners of DaimlerChrysler automobiles equipped with defective Gen-3 seatbelt buckles, alleging design defects leading to purely economic losses, but no physical injury or property damage. DaimlerChrysler contended the plaintiffs lacked standing under common-law torts, the Texas Deceptive Trade Practices Act (DTPA), and Uniform Commercial Code (UCC) warranties. The Court of Appeals affirmed that the plaintiffs had standing, concluding they suffered a distinct, actual injury from insufficient product value, and that monetary damages would provide redress. However, the court reversed and remanded the class certification due to the trial court's failure to perform a proper choice-of-law analysis for nationwide claims.

Defective ProductsClass ActionStanding to SueEconomic LossSeatbelt DefectsTexas LawDTPAUCCBreach of WarrantyNegligence
References
96
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

This case involves an appeal by three business associations (Appellants) challenging a trial court's decision that named Oz Gas Corporation (Appellee) as the true leaseholder of disputed oil and gas land in Crockett County, Texas. The Appellants were also assessed damages for bad faith trespass. The core dispute revolved around the interpretation of a Substitute Trustee's Deed concerning the conveyance of oil and gas leasehold interests. The appeals court affirmed the trial court's ruling, concluding that Oz Gas Corporation holds exclusive title to the West Unit of the disputed land. The court also found that Appellants committed bad faith mineral trespass by relying on an outdated title opinion and failing to conduct proper due diligence, and upheld the joint and several liability for damages.

Oil and Gas LeasesMineral RightsTrespass to Try TitleBad Faith TrespassDeed ConstructionSummary JudgmentAppellate ReviewLeasehold InterestProration UnitsRailroad Commission
References
36
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