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

Case No. MISSING
Regular Panel Decision

Claim of Lewis v. Stewart's Marketing Corp.

A claimant sustained serious injuries in 1997 and was awarded workers' compensation benefits. In 2008, a dispute arose regarding the permanency and degree of disability, with conflicting medical reports submitted by the claimant (permanent total disability) and the employer (moderate partial disability). The Workers' Compensation Law Judge denied the employer's request to cross-examine the claimant and his physician, subsequently ruling that the claimant had a permanent total disability. Upon appeal, the Workers’ Compensation Board affirmed this decision. The appellate court reversed the Board's decision, emphasizing that denying the employer's timely request for cross-examination was improper, especially given the conflicting medical evidence, and remitted the matter for further proceedings.

Workers’ CompensationDisability AssessmentPermanent Total DisabilityIndependent Medical ExaminationCross-Examination RightsProcedural Due ProcessConflicting Medical EvidenceRemittalAppellate ReviewBoard Decision Reversal
References
3
Case No. 03-13-00077-CV
Regular Panel Decision
Feb 25, 2015

Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage // Cross-Appellant,Texas Medical Association v. Texas Medical Association// Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage

The amicus brief, submitted by The Association of Marital and Family Therapy Regulatory Boards (AMFTRB), urges the Third Court of Appeals to grant en banc reconsideration and reverse a panel's decision that found 22 TEX. ADMIN CODE §801.42(13) invalid. The brief argues that Licensed Marriage and Family Therapists (LMFTs) are fully qualified, trained, and tested to perform diagnostic assessments within their therapeutic role. It asserts that diagnosis alone, in the context of marriage and family therapy, does not constitute the practice of medicine under the Texas Medical Practice Act, and preventing LMFTs from performing these assessments would effectively prohibit their professional practice and create a shortage of mental health professionals in Texas. The AMFTRB also highlights that the legislature did not intend for LMFTs to be supervised by physicians and that the structure of the Occupations Code supports marriage and family therapy as a stand-alone profession. Additionally, the brief questions the qualification of the Texas Medical Association's expert witness due to prior ethical lapses.

Marriage and Family TherapyDiagnostic AssessmentMedical Practice ActOccupations CodeRegulatory BoardsLicensureScope of PracticeMental Health ServicesTexasAccreditation
References
9
Case No. 01-14-00776-CV
Regular Panel Decision
Mar 13, 2015

Schlumberger Limited and Schlumberger Technology Corporation v. Charlotte Rutherford

Charlotte Rutherford, as cross-appellant, files a reply brief requesting the Court reverse the trial court's order denying her motion to dismiss Schlumberger's contract claim. She argues that Schlumberger's construction of the Texas Citizens Participation Act (TCPA) is contrary to its plain language, particularly regarding protections for speech in public settings and the nexus to government participation. Rutherford asserts that her activities are protected by the TCPA and that Schlumberger failed to provide clear and specific evidence for its breach-of-contract allegations, including alleged file deletions and unreturned electronic storage devices. She contends that Schlumberger's claims lack proof of actual harm or monetary damages and that its request for specific performance is not warranted. Rutherford requests the Court affirm the judgment of dismissal and award of fees and sanctions, while reversing the denial of her anti-SLAPP motion regarding the contract claim.

Texas Citizens Participation Act (TCPA)Anti-SLAPP MotionBreach of ContractConfidentiality AgreementTrade SecretsElectronic EvidenceAppellate ReviewStatutory InterpretationEvidentiary StandardDamages
References
26
Case No. 06-06-00090-CR
Regular Panel Decision
Jan 26, 2007

Dennis Barfield v. State

Dennis Barfield was convicted of driving while intoxicated after being stopped by officers who observed signs of impairment and breath test results showing a blood-alcohol content above the legal limit. On appeal, Barfield contended that the trial court improperly limited his cross-examination of the State's breath-testing expert regarding the Intoxilyzer 5000. The appellate court examined his arguments concerning the machine's malfunctions, tolerance, external elements affecting results, warranty, and temperature issues. The court concluded that Barfield had an adequate opportunity to cross-examine the expert and found no abuse of discretion by the trial court in limiting further questioning. The judgment of conviction was affirmed, as the jury had sufficient evidence for conviction even without the breath test results, based on Barfield's own statements and officer testimony.

Driving While IntoxicatedDWI ConvictionBreath TestIntoxilyzer 5000Cross-Examination LimitationAppellate ReviewAbuse of DiscretionConstitutional RightsConfrontation ClauseEvidence Admissibility
References
17
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. 03-13-00790-CV
Regular Panel Decision
Feb 06, 2015

T. Mark Anderson, as Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor of the Estate of Ted Anderson//Cross-Appellants, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. Richard T. Archer, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer//Cross-Appellees, T. Mark Anderson, Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor

This case involves a tortious interference with inheritance lawsuit. Richard T. Archer and family (Appellees/Cross-Appellants) sued T. Mark Anderson and Christine Anderson (Appellants/Cross-Appellees), co-executors of Ted M. Anderson's estate. The Archers alleged that Ted Anderson tortiously interfered with their inheritance from John R. 'Jack' Archer by causing Jack, after a debilitating stroke that left him mentally incapacitated, to sign new estate planning documents that disinherited the Archers in favor of charities. The Archers incurred significant attorney's fees and settlement costs in prior litigation to reinstate Jack's original estate plan, which favored them. A jury found Ted Anderson liable for tortious interference and awarded damages, which the district court modified to include an additional settlement amount with charities. The appellees are now seeking to affirm the liability finding and modify the damage award on cross-appeal.

Tortious Interference with InheritanceEstate Planning DisputeMental IncapacityUndue InfluenceFiduciary Duty BreachGuardianship ProceedingWill ContestAttorney's Fees as DamagesPrejudgment InterestAppellate Review
References
78
Case No. DC-13-04564-L
Regular Panel Decision
Apr 16, 2015

in Re: Island Hospitality Management, Inc., Post Properties, Inc. and Post Addison Circle Limited Partnership

Plaintiff Jane Doe filed a lawsuit alleging sexual assault and related damages, including mental anguish. Her designated psychologist, Dr. William Flynn, conducted a mental examination. Defendants Island Hospitality Management, Inc., Post Properties, Inc., and Post Addison Circle Limited Partnership sought an independent psychological examination of the plaintiff by their expert, Dr. Lisa Clayton. The district court initially denied this motion, and subsequently denied the defendants' joint motion for reconsideration. This mandamus record documents the appellate review of this discovery dispute.

Sexual AssaultMental AnguishPsychological ExaminationDiscovery DisputeForensic PsychologyPremises LiabilityMandamus PetitionCivil ProcedureExpert WitnessTexas Law
References
59
Case No. ADJ1016953 (VNO 0447334) ADJ613532 (VNO 0447332)
Regular
May 23, 2011

WILLIAM ROCCO vs. LANCASTER UNIFIED SCHOOL DISTRICT, TIG INSURANCE CO., AMERICAN CASUALTY INSURANCE CO.

This case concerns a dispute over the scope of cross-examination of a medical evaluator regarding temporary disability. The defendant, American Casualty Insurance Company, sought removal after the WCJ limited cross-examination to new issues in a recent report. The Appeals Board granted removal to clarify the order, acknowledging the defendant's due process rights to fully develop the record on temporary disability and its causation by the claimed injuries. Ultimately, the Board amended the WCJ's order to permit cross-examination on the period(s) of temporary disability and their causal link to the injuries, in addition to new information in the latest medical report.

Petition for RemovalAppeals BoardAmerican Casualty Insurance CompanyWCJ OrderDue ProcessDevelop the RecordTemporary Total DisabilityMedical ReportQualified Medical EvaluatorCross-examination
References
0
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. 09-16-00339-CV
Regular Panel Decision
Jul 26, 2018

Sam Rayburn Municipal Power Agency v. Ralph J. Gillis, Gillis Borchardt & Barthel LLP, Obain Associates Limited and the Jasper/VPPA Settlement Trust

This appeal concerns Sam Rayburn Municipal Power Agency's (SRMPA) lawsuit against its former attorney, Ralph J. Gillis, and his firm, alleging breach of fiduciary duty and fraud related to the 'Nisco Deal' and the 'Cambridge Project' energy initiatives. SRMPA accused Gillis of self-dealing and undisclosed personal financial gains from these projects. The trial court, following a jury verdict, denied SRMPA's claims regarding the Nisco Deal due to the statute of limitations, but awarded damages for Gillis's breach of fiduciary duty concerning the Cambridge Project. SRMPA appealed the denial of equitable relief, the limitations finding, and the quantum of damages, while Gillis, Obain, and the Jasper/VPPA Settlement Trust filed cross-appeals. The Court of Appeals affirmed the trial court's judgment across all contested issues.

Breach of Fiduciary DutyFraudulent ConcealmentEnergy ProjectsAttorney MalpracticeStatute of LimitationsEquitable ReliefDisgorgementConstructive TrustDamagesRespondeat Superior
References
59
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