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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

Fuentes v. Union de Pasteurizadores de Juarez Sociedad Anonima de Capital Variable

This case is an accelerated appeal concerning a temporary injunction. Union de Pasteurizadores de Juarez (UPJ), a Mexican corporation, sued Jorge Zaragosa Fuentes, Rodrigo Mendoza Delagado, and Jose Chaparro Amparan for conversion of financial documents needed for a Mexican tax audit. The trial court issued a temporary injunction compelling the defendants to produce the documents. On appeal, the defendants argued against the injunction, citing statute of limitations, lack of irreparable injury, speculative harm, and clarity issues with the order and bond. The appellate court affirmed the trial court's temporary injunction, ruling that UPJ demonstrated a probable right to recovery and faced irreparable harm, including potential civil and criminal actions in Mexico, if the documents were not provided. The court also found the injunction order sufficiently clear and the bond adequate, dismissing the statute of limitations argument as a merits issue not appropriate for interlocutory review.

Temporary InjunctionConversionAccelerated AppealFinancial RecordsMexican Tax AuditIrreparable HarmProbable Right to RecoveryAbuse of DiscretionStatute of LimitationsRule 683
References
20
Case No. MISSING
Regular Panel Decision

Benjamin v. Traffic Executive Ass'n-Eastern

Plaintiffs, employees of the Eastern Weighing and Inspection Bureau (EWIB), sought protective benefits under the Staggers Act after their employment was terminated due to EWIB ceasing operations. An arbitration board determined that EWIB employees were not 'employees of a rate bureau' and thus not entitled to the benefits. Plaintiffs subsequently filed a complaint in federal court, alleging violations of the Staggers Act, mail fraud, RICO, and common law fraud, and moved for a trial de novo. Defendants moved for summary judgment, arguing the arbitration award should be upheld. The court reviewed the arbitration award under the limited provisions of the Railway Labor Act (RLA), finding no grounds to set it aside. The court granted defendants' motion for summary judgment, denied plaintiffs' motion for a trial de novo, and dismissed the complaint.

Staggers ActArbitration AwardSummary JudgmentRailway Labor ActCollateral EstoppelDue ProcessArticle III CourtsJury TrialRICOAdministrative Procedure Act
References
34
Case No. MISSING
Regular Panel Decision

Sanchez Ex Rel. Sanchez v. Huntsville Independent School District

Pedro Sanchez was expelled by the Huntsville Independent School District (HISD) for possessing firearms and drugs. His mother, Maria Ofelia Sanchez, appealed the expulsion, seeking a pure trial de novo review. The trial court dismissed her action after she declined to amend her pleadings, leading to this appeal. The appellate court addressed whether the appropriate standard of review for school expulsion appeals under Tex.Educ.Code Ann. § 21.3011(e) is a pure trial de novo or a substantial evidence de novo review. It affirmed the trial court's decision, holding that the "substantial evidence de novo" standard is applicable and that the trial court did not abuse its discretion in dismissing the case or denying a stay.

School ExpulsionDe Novo ReviewSubstantial EvidenceDue ProcessEducation LawTexasAppellate ReviewJudicial DiscretionInjunctive ReliefSchool Discipline
References
25
Case No. 03-96-00415-CV
Regular Panel Decision
Aug 28, 1997

Workers' Compensation Division, Office of the Attorney General of Texas v. Beverly De La Zerda and Rudy De La Zerda

The Workers' Compensation Division, Office of the Attorney General of Texas, appealed a judgment concerning a personal injury suit. Appellee Beverly de la Zerda, a state employee, and Rudy de la Zerda, sued Americlean Concepts after Beverly sustained injuries at work. Following a settlement between the de la Zerdas and Americlean, the trial court issued a final take-nothing judgment. Subsequently, the de la Zerdas moved to allocate the settlement proceeds, a proposal objected to by the Division, which asserted its subrogation interest. The appellate court dismissed the appeal for lack of jurisdiction, ruling that the Division's petition to intervene was untimely as the original final judgment had not been set aside.

Workers' CompensationPersonal InjuryJurisdictionInterventionFinal JudgmentSettlement AllocationSubrogationAppellate ProcedureTimelinessLien
References
6
Case No. MISSING
Regular Panel Decision

K. R. Playa VI, S. De R.L. De C v. v. Stewart Title Guaranty Company and Stewart Title Guaranty De Mexico, S.A. De C v.

This case involves a consolidated appeal over title insurance claims for properties in Mexico. Appellants Citigroup Global Markets Realty Group and K.R. Playa VI challenged a trial court's judgment favoring appellees Stewart Title Guaranty Company and Stewart Title Guaranty de Mexico. The dispute centered on whether an exclusion in the title insurance policies, related to K.R. Playa's knowledge of a Mexican expropriation decree affecting the properties, precluded coverage and influenced the damages award. The jury found K.R. Playa knew of the decree for ten properties and awarded zero damages for the remaining six. The appellate court affirmed the trial court's judgment, upholding the jury's findings on K.R. Playa's knowledge and the zero damages, and addressing issues concerning expert testimony and state-law claims.

Title InsuranceReal Estate DisputeProperty ValuationBreach of ContractGood Faith and Fair DealingTexas Insurance CodeExpropriation DecreeMexican LawInternational PropertyAppellate Review
References
18
Case No. Civil action No. 2438
Regular Panel Decision

Kephart v. Wilson

This case involves a review of a determination by a Review Committee under the Agricultural Adjustment Act of 1938. Plaintiffs, including farmers whose cotton allotments in Custer County, Oklahoma, were taken by eminent domain, and Fred Chandler, Sr., Fred Chandler, Jr., and the Chandler Company, sought to transfer these allotments to tracts in Culberson County, Texas. The Review Committee found that these transactions were not bona fide reestablishments of farming operations but rather schemes to sell allotments for the Chandlers' benefit, leading to the cancellation of the allotments. The District Court affirmed the Review Committee's findings, supported by substantial evidence of fraud. The court also denied the plaintiffs' requests for relief under the Administrative Procedure Act and Declaratory Judgments Act, and dissolved a preliminary injunction, concluding that any administrative irregularities at the county level were cured by the de novo hearing before the Review Committee.

Agricultural Adjustment ActCotton Allotment TransfersEminent DomainAdministrative ReviewJudicial ReviewFraudulent TransactionsLeaseback AgreementsASCS RegulationsFederal Farm ProgramsDue Process
References
62
Case No. 04-04-00182-CV
Regular Panel Decision
Dec 08, 2004

Sandra Silva De Tamez, Individually and as Representative of the Estate of Juan Guadalupe Tamez, (Deceased) and as Next Friend of Denise Silva De Tamez, a Minor Child, (APPELLANT) Michael G. Willoughby, (APPELLANT) v. Southwestern Motor Transport, Inc.

This case involves an appeal by Sandra Silva de Tamez and Michael G. Willoughby against a summary judgment in favor of Southwestern Motor Transport, Inc. (SMT). Tamez, representing the estate of Juan Guadalupe Tamez, and Willoughby had sued SMT under the Wrongful Death Act and Survival Statute following a fatal tractor-trailer accident. SMT's defense was based on pre-injury release agreements signed by Tamez and Willoughby, which SMT argued released it from liability. The appellate court reviewed the enforceability of these agreements, addressing issues such as fair notice, meeting of the minds (including Tamez's English literacy), the presence of valid consideration, and public policy arguments related to employment relationships (statutory or borrowed servant). The court concluded that the release agreements were valid and binding, satisfying all contractual requirements, and affirmed the trial court's judgment.

Summary Judgment AppealWrongful Death ActSurvival StatuteRelease AgreementWaiver and ReleaseFair Notice RequirementsExpress Negligence DoctrineConspicuousnessContractual RequirementsMeeting of the Minds
References
24
Case No. MISSING
Regular Panel Decision

Texas Department of Insurance, Workers' Compensation Division v. De Los Santos

Roel De Los Santos, a heavy equipment operator, sustained work-related injuries to both wrists in 1987 and 1994, leading to multiple surgeries and a diagnosis of Complex Regional Pain Syndrome (CRPS I) in both hands and arms. After the Division of Workers’ Compensation denied his claim for lifetime income benefits (LIBs) against Texas Mutual Insurance Company, De Los Santos sought judicial review. The trial court reversed the Division's decision, finding that De Los Santos's 1994 injury extended to CRPS I and insomnia, and that he permanently lost the use of both hands, entitling him to LIBs from the Subsequent Injury Fund. The Division appealed, challenging the sufficiency of evidence for LIBs and the trial court's jurisdiction to order the Fund to pay directly. The appellate court affirmed De Los Santos's entitlement to LIBs, finding sufficient medical evidence of total and permanent loss of hand use, but modified the judgment to remove the direct order for the Subsequent Injury Fund to pay, instructing De Los Santos to present the judgment to the Fund for payment through proper administrative procedure.

Workers' CompensationLifetime Income BenefitsComplex Regional Pain SyndromeCRPS IHand InjuryWork-Related InjuryJudicial ReviewSubsequent Injury FundSufficiency of EvidenceMedical Testimony
References
21
Case No. 07-18-00377-CV
Regular Panel Decision
Mar 10, 2020

Isabel De La Hoya Moreno v. K-Bar Texas Electric, Inc.

Appellants, the surviving spouse and children of Anthony Moreno, filed suit against his employer, K-Bar Texas Electric, Inc., alleging Anthony’s death by electrocution while working on light poles was due to K-Bar's gross negligence. K-Bar, a workers’ compensation subscriber, filed a no-evidence motion for summary judgment, arguing it lacked actual, subjective awareness of the risk. The trial court granted the motion, prompting an appeal. The Court of Appeals conducted a de novo review, focusing on whether Appellants presented at least a scintilla of evidence for K-Bar's gross negligence. The court found no evidence that K-Bar was subjectively aware that the light pole was improperly energized, therefore concluding there was no conscious indifference to risk. Consequently, the appellate court affirmed the trial court's order granting summary judgment for K-Bar.

Workers' Compensation ActGross NegligenceSummary JudgmentElectrocution DeathEmployer LiabilityActual Subjective AwarenessConscious IndifferenceNo-Evidence MotionDe Novo ReviewTexas Court of Appeals
References
12
Case No. 03-05-00401-CV
Regular Panel Decision
Mar 31, 2006

Texas Property and Casualty Insurance Guaranty Association, for Paula Insurance Company, an Impaired Insurer v. National American Insurance Company and Clayton Mark Beck

This case involves an appeal from a workers' compensation decision concerning the employment status of two injured workers, Benjamin Brown and Clayton Mark Beck. The dispute centered on whether Jerry Gregory, Inc. or Hunter Trucking was their employer at the time of a trucking accident, which determines liability between National American Insurance Company (NAIC) and Texas Property and Casualty Guaranty Association (TPCIGA). The Workers' Compensation Commission initially found Gregory as the employer, making NAIC liable. However, the district court, after a jury trial under a 'modified de novo' standard, ruled that Hunter was the employer, thus making TPCIGA liable. TPCIGA appealed, arguing the dispute was a 'coverage' issue requiring substantial-evidence review, not modified de novo, and that the district court lacked subject-matter jurisdiction. The appellate court affirmed the district court's judgment, concluding that the dispute was one 'regarding compensability' and thus correctly governed by modified de novo review.

Workers' CompensationEmployer LiabilityInsurance Coverage DisputeModified De Novo ReviewSubstantial Evidence ReviewBorrowed Servant DoctrineJudicial ReviewTexas Court of AppealsTravis CountyTrucking Accident
References
60
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