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

Case No. ADJ3550667
Regular
Jun 23, 2009

Deanna Rasmussen vs. Vijay Garg, M.D., INC., Preferred Employers Insurance Company

In this workers' compensation case, the applicant, Deanna Rasmussen, claimed an industrial injury while working as a nuclear cardiology technologist. The Workers' Compensation Appeals Board (WCAB) initially found her to be an employee. However, upon reconsideration, the WCAB reversed this decision, concluding Rasmussen was an independent contractor on the date of injury. Consequently, she is not entitled to workers' compensation benefits from Dr. Garg and his insurer. The WCAB has now denied Rasmussen's petition for further reconsideration.

Workers' Compensation Appeals BoardIndependent ContractorEmployeeIndustrial InjuryNuclear Cardiology TechnologistReconsideration DeniedOpinion and OrderCompensable InjuryPetition for ReconsiderationDecision After Reconsideration
References
2
Case No. 12-06-00170-CV
Regular Panel Decision
Apr 11, 2007

Deanna Laney v. State

Deanna Laney, committed to the Texas Department of Mental Health and Mental Retardation after being found not guilty by reason of insanity of capital murder, appealed a trial court's order preventing the Department from granting her passes to leave the facility. She argued that the Department had statutory authority to grant passes, that the order violated the Texas Constitution's separation of powers and due course of law, and that the evidence was insufficient. The Court of Appeals determined that the pass and furlough statute (Texas Health & Safety Code Ann. § 574.082) was not explicitly or implicitly incorporated into Article 46.03 of the Texas Code of Criminal Procedure, under which Laney was committed. Consequently, the statute allowing passes and furloughs did not apply to her. The court also held that Laney did not possess a substantive due process right to a pass or furlough, as the legislative decision was reasonably related to the purposes of commitment: safeguarding the patient and public, and providing treatment. The trial court's order was affirmed.

Insanity DefenseCivil CommitmentPsychiatric CareMental Health LawDue ProcessStatutory InterpretationArticle 46.03Texas Code of Criminal ProcedureTexas Health & Safety CodeFurloughs
References
26
Case No. NO. 14-22-00879-CV
Regular Panel Decision
Aug 13, 2024

Lasonthia Sandles, Individually as as the Personal Representative of the Estate of Christine Rollins v. Deanna Louise Laskoskie, as Administrator of the Estates of George Delbert Laskoskie, Sr., and Louise Clymer Laskoskie

Lasonthia Sandles appealed a no-evidence summary judgment in her claims against Deanna Louise Laskoskie, administrator of the estates of George and Louise Laskoskie, stemming from the fatal injury of Christine Rollins. Rollins, an in-home caregiver for the Laskoskies, died after being attacked by animals on their property, with conflicting theories on whether dogs initiated the attack before feral hogs. The appellate court affirmed the summary judgment, agreeing that Sandles's expert report on dog involvement was conclusory and lacked scientific basis. The court found insufficient evidence, beyond mere surmise, to establish causation by the dogs for Sandles's claims of strict liability, negligent handling, or premises liability. The judgment highlighted that abundant evidence pointed towards wild hogs as the primary cause of Rollins's death.

Summary Judgment AppealNo-Evidence Summary JudgmentExpert Testimony ReliabilityConclusory EvidenceCausation ElementStrict Liability ClaimNegligent Handling ClaimPremises Liability ClaimAnimal Attack LitigationFeral Hog Attack
References
20
Case No. MISSING
Regular Panel Decision

Rasmussen v. Sigma Corp. of America

Plaintiff Kathleen Rasmussen sued her former employer, Sigma Corporation of America, and supervisor, Yo-shio Yamaki, alleging discrimination under Title VII and ADEA after her employment was terminated in 1995. Rasmussen claimed she experienced anti-American, anti-female, and age-related comments, and her discharge was pretextual. The core legal issue revolved around the timeliness of her lawsuit, specifically when the 90-day period for filing after receiving a right-to-sue letter began. The court, citing precedent, ruled that receipt by a household member at the claimant's residence triggers the 90-day period, finding no equitable grounds for tolling, and therefore granted the defendants' motion for summary judgment, dismissing the complaint as time-barred.

Employment DiscriminationTitle VIIADEARight-to-sue LetterStatute of LimitationsEquitable TollingSummary JudgmentReceipt of NoticeHousehold Member ReceiptFederal Court Procedure
References
37
Case No. 14-01-00432-CV
Regular Panel Decision
Nov 24, 2004

Wallace and Deanna Dyall v. Simpson Pasadena Paper Company

This case involves an appeal regarding a claim for damages due to injuries sustained by an independent contractor's employee from chlorine dioxide vapor inhalation. The employee and his wife sued the property owner for negligence, gross negligence, and negligence per se. The trial court granted summary judgment for the property owner, citing Chapter 95 of the Texas Civil Practice and Remedies Code, which limits owner liability to independent contractors. The appellate court affirmed, finding no evidence of the property owner exercising control over the work or possessing actual knowledge of the danger without providing adequate warning, thus upholding the summary judgment.

Independent Contractor LiabilityPremises LiabilitySummary JudgmentNegligence ClaimsGross NegligenceNegligence Per SeTexas Civil Practice and Remedies CodeChapter 95Control Over WorkActual Knowledge of Danger
References
27
Case No. ADJ3550667 (OXN 0149715)
Regular
Apr 08, 2009

Deanna Rasmussen vs. VIJAY GARG, M.D., INC., PREFERRED EMPLOYERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that the applicant was an employee, determining she was an independent contractor. Key factors supporting this decision included the applicant's specialized skills, license, provision of her own malpractice insurance, billing via invoice, and receipt of a 1099 tax form. Unlike employees, she did not receive benefits like sick leave or paid holidays, and controlled the means by which her work was accomplished, despite the employer providing supplies and equipment. Therefore, her claim for workers' compensation benefits was denied.

Workers' Compensation Appeals BoardVijay Garg M.D. Inc.Preferred Employers Insurance CompanyDeanna Rasmussennuclear cardiology technologistindependent contractoremployeeright knee hip shoulder groin injuryspecialized skillslicense
References
0
Case No. 12-14-00155-CV
Regular Panel Decision

Brenda Brewer, Deanna Meador, Penny Adams and Sabra Curry v. Lowe's Home Centers Inc.

There are two glaring infirmities in the argument presented by Lowe’s Home Centers, Inc. (“Lowe’s”) in its brief to this Court. First, Lowe’s misunderstands or misapplies the standard of review for a directed verdict, arguing how evidence 'weighs' in its favor, while the Court's task is to determine if there is at least a scintilla of evidence to support the Cont’l Coffee factors. Second, Lowe's fails to distinguish Echostar Satellite, L.L.C. v. Aguilar, a highly relevant case where the court found sufficient evidence of retaliatory motive when a company deviated from its policies by forcing an employee with workers' compensation claims to work against restrictions or be fired, and failing to provide written notice of leave expiration. The appellants argue that similar deviations and negative attitudes from Lowe's management, including forcing employees to work against light duty restrictions and placing them on unauthorized 'personal leave' without their knowledge, demonstrate a retaliatory motive and that the stated reason for termination was a false pretext. Appellants assert that the directed verdict was error and the judgment should be reversed and remanded for a full trial.

Workers' CompensationRetaliationDirected VerdictStandard of ReviewCircumstantial EvidenceCont'l Coffee FactorsLight DutyLeave of Absence PolicyPretextTexas Law
References
17
Case No. MISSING
Regular Panel Decision

Cooper v. United States

Plaintiff Deanna Dozier Park Cooper sued the United States under the Federal Torts Claims Act (FTCA) for emotional distress after a postal worker, Ronald Eudy, allegedly exposed his genitalia to her. Cooper claimed negligent hiring and retention of Eudy by the United States and sought to hold the government liable under a theory of respondeat superior, arguing Eudy was acting within the course and scope of his employment. The Defendant, United States, filed motions to dismiss and for summary judgment, arguing lack of liability based on the discretionary function exception of the FTCA for hiring and retention decisions, and asserting that Eudy's alleged actions were outside the scope of his employment. The Court granted the Defendant's motions, dismissing the negligent hiring and retention claims due to lack of subject matter jurisdiction and granting summary judgment on the respondeat superior claim, finding Eudy's conduct was outside the scope of employment. A motion to stay discovery was also granted.

Federal Tort Claims ActNegligent HiringNegligent RetentionRespondeat SuperiorDiscretionary Function ExceptionScope of EmploymentEmotional DistressPostal WorkerSummary JudgmentMotion to Dismiss
References
3
Case No. ADJ2288420
Regular
Oct 14, 2013

DEANNA BEDOLLA DURON vs. THRIFTY CORPORATION, TRAVELERS INSURANCE COMPANY

This case involves a petition for reconsideration and removal filed by the applicant, Deanna Bedolla Duron. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming it improperly taken from a non-final interlocutory order. The Board also denied removal, finding that the applicant failed to demonstrate substantial prejudice or irreparable harm. Consequently, the Board ordered the dismissal of the reconsideration petition and the denial of removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalFinal OrderSubstantive RightLiabilityInterlocutory OrderEvidentiary DecisionsPre-trial Orders
References
10
Case No. MISSING
Regular Panel Decision

Laney v. State

Deanna Laney, an individual committed to the Texas Department of Mental Health and Mental Retardation after being found not guilty of capital murder by reason of insanity, appealed a trial court's order. This order prohibited the Department from granting her passes to leave the facility. The appellate court, presided over by Chief Justice James T. Worthen, affirmed the trial court's decision. The court held that the pass and furlough statute (Tex. Health & Safety Code Ann. § 574.082) found in the Mental Health Code was not applicable to individuals committed under Article 46.03 of the Texas Code of Criminal Procedure. Furthermore, the court determined that Laney did not possess a substantive due process right to passes, as the legislative decision to restrict them for Article 46.03 acquittees bore a reasonable relation to the purposes of commitment, which include providing treatment and safeguarding the patient and public.

Insanity DefenseCivil CommitmentMental Health LawArticle 46.03Due ProcessStatutory InterpretationTexas Code of Criminal ProcedurePatient RightsAppellate ReviewPsychiatric Treatment
References
26
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