CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 05-15-01533-CV
Regular Panel Decision
Dec 10, 2015

in Re: Bryan Rowes

This case involves an original proceeding initiated by Bryan Rowes related to a family law matter. The record includes a protective order issued against Bryan Rowes in April 2014, prohibiting him from harassing or threatening Mary Tillotson and restricting his proximity to her and her workplace. Subsequently, Mary Tillotson filed a motion for enforcement, alleging multiple violations of this protective order by Bryan Rowes, including unwanted contact, appearing at her workplace (Children's Medical Hospital), sending threatening emails, and disseminating a 'sex offender' letter. The court found Bryan Rowes in civil and criminal contempt for two specific violations: an elevator encounter at the courthouse and a harassing email. He was sentenced to a $500 fine and 30 days of confinement in county jail.

Family LawProtective OrderContemptChild CustodyStalkingHarassmentEnforcementAttorney FeesTexas LawParental Rights
References
14
Case No. MISSING
Regular Panel Decision

National Western Life Insurance Co. v. Rowe

National Western Life Insurance Co. appealed a trial court's order certifying a class action initiated by Ella Mae Rowe. The dispute centers on child riders in life insurance policies, specifically National's alleged practice of continuing to collect premiums after coverage terminates when a child reaches twenty-five, and its failure to refund these unearned premiums. Rowe accused National of breach of contract, fraud, negligent misrepresentation, unjust enrichment, and violations of consumer protection laws. National challenged the class certification on grounds including the trial plan's impact on burden of proof, statute of limitations, commonality, and choice of law, as well as the admission of expert testimony and allocation of discovery costs. The appellate court affirmed the trial court's order, finding no abuse of discretion in the certification or the handling of related procedural issues.

Class actionLife insuranceChild ridersPremium refundsBreach of contractFraudNegligent misrepresentationUnjust enrichmentDeceptive Trade PracticesTexas Insurance Code
References
41
Case No. ADJ6853853
Regular
Oct 05, 2012

KYB FUGFUGOSH vs. SAN QUENTIN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a finding that San Quentin State Prison committed serious and willful misconduct. The applicant, an inmate kitchen worker, sustained a right shoulder injury on June 18, 2008, after being ordered to work despite presenting medical documentation of his injury and post-surgical condition. The Board upheld the Administrative Law Judge's finding that prison officials' failure to acknowledge and act on the applicant's medical limitations constituted a reckless disregard for his safety, proximately causing his injury. The employer's arguments regarding perjured testimony and newly discovered evidence were rejected.

Workers' Compensation Appeals BoardSan Quentin State PrisonState Compensation Insurance Fundserious and willful misconductadmitted injurykitchen workerarthroscopic acromioplastyrotator cuff tearsfailure to reportinmate request for interview
References
1
Case No. MISSING
Regular Panel Decision
Dec 03, 2003

Beesmer v. Village of DeRuyter Fire Department

In 1975, the decedent, a volunteer firefighter, suffered a heart attack and continuously received workers' compensation benefits until his death in 2002. His claimant applied for death benefits, alleging a causal link between the 1975 injury and his death. A Workers’ Compensation Law Judge (WCLJ) awarded benefits after denying the employer's request for a second adjournment to depose treating physicians, a decision affirmed by the Workers' Compensation Board. The court found substantial evidence supporting the causal relationship between the heart attack and death, noting that a work-related injury need not be the sole cause of death. Additionally, the court upheld the WCLJ's denial of the adjournment, as the employer failed to provide a sufficient excuse for not scheduling depositions or serving subpoenas during the initial adjournment period.

Workers' Compensation Death BenefitsCausal RelationshipHeart AttackCongestive Heart FailureAdjournment DenialTreating Physician DepositionSubstantial EvidenceAppellate ReviewMedical OpinionVolunteer Firefighter
References
5
Case No. 03-01-00396-CV
Regular Panel Decision
Aug 08, 2002

National Western Life Insurance Company v. Ella Mae Rowe, Individually and on Behalf of All Others Similarly Situated

This case involves an interlocutory appeal challenging a trial court's order certifying a class action against National Western Life Insurance Company. The class action was brought by Ella Mae Rowe, alleging that National wrongfully continued to collect premiums for child riders on life insurance policies after coverage for those children had terminated. Rowe's claims included breach of contract, fraud, negligent misrepresentation, unjust enrichment, and violations of consumer protection and insurance codes. National argued against class certification, raising issues with the trial plan, commonality, choice of law, expert testimony, and cost allocation for class member identification. The appellate court affirmed the trial court's order, finding no abuse of discretion in certifying the class, applying Texas law, and allowing the expert testimony and cost allocation.

Class ActionInterlocutory AppealInsurance PolicyChild RiderPremium CollectionContract BreachFraudNegligent MisrepresentationUnjust EnrichmentDeceptive Trade Practices
References
43
Case No. 10-14-00157-CV
Regular Panel Decision
Jun 04, 2015

Thomas H. Sinclair v. Estate of Fernando Ramirez and Eva Ramirez, Individually, and Personal Representative of the Estate of Fernando Ramirez, and on Behalf of All Wrongful Death Beneficiaries

This case involves an appeal from a jury verdict in a wrongful death and survivorship action. Appellant Thomas H. Sinclair challenges the verdict in favor of the Estate of Fernando Ramirez and Eva Ramirez. Fernando Ramirez died after an altercation at Sinclair's cabaret, following heavy drinking. The jury found Sinclair partly responsible, but the appellate court reversed the judgment, concluding that the appellees failed to present legally sufficient causation evidence directly connecting Sinclair’s purported negligence with the decedent’s death due to the lack of expert medical testimony ruling out other plausible causes.

NegligenceProximate CauseWrongful DeathSurvivorship ActionExpert TestimonyMedical CausationBlunt Force Head InjuriesAlcohol IntoxicationAppellate ReviewLegal Sufficiency
References
37
Case No. MISSING
Regular Panel Decision
Jul 25, 2008

WARDRIP v. Thaler

Faryion Edward Wardrip, a state prison inmate, filed a federal petition for writ of habeas corpus challenging his death sentence for capital murder. He previously pled guilty to capital murder and was sentenced to death for five murders committed between 1984 and 1986. Wardrip alleged ineffective assistance of counsel, citing failures in pre-trial investigation, presentation of mitigating evidence (prison record, transformation, psychiatric evidence), and conduct during voir dire and closing statements. The court adopted the Magistrate Judge's findings, concluding that counsel was ineffective for failing to investigate and present evidence of Wardrip's prison record. Consequently, the court recommended granting the habeas petition, vacating the death sentence, and ordering resentencing.

Capital MurderHabeas CorpusDeath SentenceIneffective Assistance of CounselMitigating EvidencePrison RecordPsychiatric EvaluationVoir DireSentencingProcedural Default
References
31
Case No. 15-25-00061-CV
Regular Panel Decision
Apr 02, 2025

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Fort Bend County appeals a temporary injunction granted by a Harris County District Court, which prevents discovery of mental health records in an ongoing workers' compensation dispute. The underlying administrative case involves a claim for death benefits by Joshua Heiliger, whose spouse, Lauren Brittane Smith, was a paramedic. Heiliger asserts Smith's mental health condition and stress contributed to her death, thus placing her mental health at issue. The Division of Workers' Compensation's Administrative Law Judge (ALJ) issued a subpoena for Smith's mental health records from her psychiatrist, Dr. John Marcellus. Heiliger bypassed the administrative process by obtaining the injunction in District Court. Fort Bend County argues the District Court erred in interfering with the Division's exclusive jurisdiction and that Heiliger failed to exhaust administrative remedies or demonstrate irreparable injury, as Texas law provides a qualified privilege for mental health records with exceptions relevant to this case.

Workers' CompensationTemporary InjunctionDiscovery DisputeMental Health RecordsSubpoena EnforcementAdministrative Law JudgeExclusive JurisdictionExhaustion of Administrative RemediesQualified PrivilegePatient-Litigant Exception
References
53
Case No. MISSING
Regular Panel Decision

Claim of Dellauniversita v. Tek Precision Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding a claim for death benefits. Claimant’s husband suffered a work-related injury in 1987 and later died. The claimant, as his widow, filed for death benefits. However, the claimant herself died before the causal relationship between her husband’s death and the 1987 incident could be established. The Workers’ Compensation Board ruled that her claim for death benefits abated upon her death. The appellate court affirmed this decision, citing precedents that claims for death benefits abate if a determination on the merits, such as causal relationship, has not been established prior to the claimant’s death.

Workers' CompensationDeath BenefitsClaim AbatementCausal RelationshipAppellate ReviewProcedural IssuesPrecedentLegal Interpretation
References
3
Case No. MISSING
Regular Panel Decision
Feb 02, 1984

Krebbeks v. Regan

Petitioner, the widow of a Department of Transportation employee, applied for accidental death benefits after her husband's service-connected death in July 1981. Although her application for accidental death benefits was approved, these benefits were entirely offset by workers' compensation payments, leaving her with no current payments from the State Employees’ Retirement System. Subsequently, petitioner sought a lump-sum ordinary death benefit, which was denied because she was deemed eligible for accidental death benefits, even if offset. This appeal ensued after the denial of her application by a hearing officer and Special Term's concurrence. The court affirmed the denial, citing Retirement and Social Security Law § 60 (a) (3), which states an ordinary death benefit is not payable if an accidental death benefit is payable, with a narrow exception not applicable here.

Accidental Death BenefitsOrdinary Death BenefitsWorkers' Compensation OffsetRetirement and Social Security LawStatutory InterpretationDeath Benefits EligibilityPublic Employee BenefitsAdministrative Law AppealDeath Benefit Offset
References
2
Showing 1-10 of 2,301 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational