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

Case No. 03-04-00744-CV
Regular Panel Decision
May 12, 2006

Greg Abbott, Attorney General of the State of Texas v. North East Independent School District and Dr. Richard A. Middleton, in His Official Capacity as Custodian of Public Records for North East Independent School District

This case addresses whether a memorandum from a school principal to a teacher, which outlines complaints and directs corrective actions, qualifies as a confidential "document evaluating the performance of a teacher" under Texas Education Code Ann. § 21.355. The Attorney General argued it was merely a reprimand and therefore not confidential, while the North East Independent School District (NEISD) contended it was an evaluation. The district court sided with NEISD, granting their motion for summary judgment. The Court of Appeals affirmed this decision, concluding that the memorandum's content, including the principal's judgment on performance issues, corrective directives, and provisions for further review, indeed constituted an evaluation, thereby making it confidential and exempt from public disclosure under the Texas Public Information Act.

Public Information ActTeacher Performance EvaluationConfidentialitySchool District RecordsSummary Judgment ReviewStatutory InterpretationGovernment TransparencyEducation CodeAppellate ReviewTexas Law
References
18
Case No. M2024-01256-COA-R3-CV
Regular Panel Decision
Oct 14, 2025

In Re Estate of Ruby Smith

This appeal concerns a custodian's sale of real property for minor children under the Tennessee Uniform Transfers to Minors Act. The custodian, James E. Wilson, Jr., sold the property without a formal appraisal, real estate agent, or open market listing, relying instead on a county assessor's appraisal. The minors' mother, Morgan Miller, filed suit alleging breach of fiduciary duty by the custodian, James E. Wilson, Jr., regarding the sale price and method. The trial court dismissed the mother's claim, finding no breach of duty. The Court of Appeals affirmed the trial court's decision, concluding that the evidence did not preponderate against the finding that the custodian acted reasonably, considering factors like perceived urgency, desire to avoid fees, and the property's condition.

Uniform Transfers to Minors ActFiduciary DutyReal Property SaleCustodianProbate CourtAppellate ReviewStandard of CareProperty AppraisalBreach of DutyMinor Children
References
33
Case No. MISSING
Regular Panel Decision

Muller v. Frankenburg-Rich Corp.

Claimant experienced dizzy spells, acute hypertensive crisis, cerebral anoxia, and possible myocardial infarction after inhaling heavy black smoke at work. The Workers’ Compensation Law Judge established a causal relationship and awarded benefits, a decision affirmed by the Workers’ Compensation Board despite conflicting medical testimony from the employer's physician. The employer appealed, questioning the compensability, the employment status of a custodian, and alleging unfair treatment. The appellate court affirmed the Board's decision, finding substantial evidence for the work-related injuries and upholding the Board's fact-finding authority, while finding no prejudice regarding the custodian issue.

Workers' CompensationOccupational ExposureSmoke InhalationCardiovascular EventNeurological InjuryCausal RelationshipMedical EvidenceAppellate ReviewAdministrative LawFact-Finding
References
7
Case No. MISSING
Regular Panel Decision
Apr 17, 2012

Montes v. Harrison Central School District

Angel Montes, a former senior custodian for the Harrison Central School District, was terminated during his probationary period. He initiated a hybrid action and Article 78 proceeding challenging his termination and seeking reinstatement to his prior custodial worker position with back pay, citing Civil Service Law § 63 (1). The Supreme Court of Westchester County granted his petition. The Harrison Central School District appealed this decision. The appellate court affirmed the Supreme Court's judgment, ruling that Montes's appointment as senior custodian constituted a "promotion" under the relevant Civil Service Law and Westchester County Civil Service Rules, thereby entitling him to return to his former position.

Employment TerminationProbationary PeriodPromotionCivil Service LawArticle 78Collective Bargaining AgreementReinstatementBack PayPublic EmployeeJudicial Review
References
1
Case No. MISSING
Regular Panel Decision

EI Du Pont De Nemours & Company v. Friar

Gordon S. Friar, an iron worker, sought Workmen's Compensation after a fall on May 18, 1964, caused permanent total disability due to a back injury aggravating a pre-existing spondylolisthesis. Friar also had a 10% disability from frostbitten feet and sought relief from the Second Injury Fund. The Chancery Court found Friar permanently and totally disabled, absolved the Second Injury Fund, and held E. I. du Pont de Nemours & Company fully liable. The Supreme Court affirmed, clarifying that Second Injury Fund liability requires employer knowledge of a pre-existing permanent disability at the time of hiring, which was not established in this case, thus making the employer solely responsible.

Workmen's CompensationSecond Injury FundPermanent Total DisabilitySpondylolisthesisPre-existing ConditionEmployer LiabilityAggravation of InjuryLatent DisabilityTennessee LawIndustrial Accident
References
7
Case No. 03-04-00744-CV
Regular Panel Decision
May 12, 2006

Abbott v. NORTH EAST INDEPENDENT SCH. DIST.

This case addresses whether a memorandum from a school principal to a teacher, detailing performance complaints and requiring corrective actions, is confidential and exempt from disclosure under the Texas Public Information Act (TPIA) as 'a document evaluating the performance of a teacher.' The Attorney General contended it was a mere reprimand and thus not confidential. However, the North East Independent School District (NEISD) sought a declaration that the document was confidential. The district court sided with NEISD, granting its motion for summary judgment. The Court of Appeals, upon reviewing the memorandum, concluded that it constitutes an evaluation of the teacher's performance, given it reflects the principal's judgment, offers corrective guidance, and mandates further review. Consequently, the court affirmed the district court's decision, deeming the document confidential and exempt from disclosure under Texas Education Code Ann. § 21.355.

Public Information ActTeacher PerformanceConfidentialitySchool DistrictEducation CodeTexas Government CodeSummary JudgmentStatutory InterpretationOpen RecordsEmployment Law
References
20
Case No. MISSING
Regular Panel Decision
May 02, 1996

In re the Claim of Teeter

The claimant was disqualified from receiving unemployment insurance benefits due to misconduct. This stemmed from a 13-week suspension as a custodian after an arbitration found he directed racial comments and threats at a co-worker. The Unemployment Insurance Appeal Board denied benefits, relying on the arbitrator's findings. The court affirmed this decision, ruling that a suspension does not prevent benefit denial and that threats to a co-worker constitute disqualifying misconduct, which was supported by substantial evidence.

unemployment insurancemisconductracial commentsthreatssuspensionarbitrationbenefits denialcustodianappellate reviewsubstantial evidence
References
5
Case No. MISSING
Regular Panel Decision

Claim of Phillips v. Elmira City School District

The Workers' Compensation Board's decision, finding the claimant to have a permanent partial disability and awarding compensation for lost wages after retirement, was affirmed on appeal. The claimant, a school custodian, suffered multiple injuries from a fall, leading to his classification as permanently partially disabled. The causal relationship between the accident and the disability inferred that his post-retirement wage loss was due to physical limitations. The employer failed to prove that the loss of employment was solely due to unrelated economic or other causes.

Workers' CompensationPermanent Partial DisabilityLost WagesRetirement BenefitsCausally Related DisabilityAppellate DecisionAffirmed DecisionEmployer AppealMedical CausationEconomic Factors
References
2
Case No. ADJ5686973
Regular
Dec 09, 2011

WOLDESLASSIE HABTESLASSIE vs. SEBASTOPOL UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning a custodian's knee injury. The defendant school district sought a higher permanent disability rating, arguing the prior rating was improperly calculated under the 1997 Schedule. The Board agreed that the calculation might have erred by not considering the higher of work restrictions or subjective/objective factors. The matter of permanent disability was deferred and returned to the trial judge for a new decision, while other aspects of the prior award were affirmed.

Workers' Compensation Appeals BoardSebastopol Unified School DistrictWoldeslassie HabteslassiePermanent DisabilityApportionment1997 Schedule for Rating Permanent DisabilitiesWork RestrictionsSubjective and Objective FactorsPanel Qualified Medical Evaluator (PQME)Findings Award and Order
References
0
Case No. ADJ4442534 (OAK 0266174)
Regular
May 17, 2010

ROXANNE MOSLEY vs. OAKLAND UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order, finding it unclear if the applicant received proper notice of the dismissal proceedings. Although the applicant's original attorneys had closed their practice and the current custodians of records did not represent her, a new firm filed the reconsideration petition on a precautionary basis. The Board intends to affirm the dismissal unless the applicant, who appears unrepresented, files an objection within 30 days, and will serve her at both her last known addresses to ensure notice.

Workers' Compensation Appeals BoardReconsiderationOrder Dismissing CasePetition for ReconsiderationDue ProcessNoticeOpportunity to be HeardSubstitution of AttorneysCustodian of RecordsAgreed Medical Evaluator
References
6
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