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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

Wolff v. Deputy Constables Ass'n of Bexar County

Appellee Deputy Constables Association of Bexar County sued appellants Nelson Wolff, et al. for violating the Fire and Police Employee Relations Act by failing to engage in collective bargaining. This is an interlocutory appeal from the trial court's denial of Wolff's plea to the jurisdiction and motion to dismiss. Wolff contended the trial court erred because the Deputy Constables lack standing under Texas Local Government Code Chapter 174. The court analyzed the definition of 'police officer' under the Act, which requires employment in the 'police department' of a political subdivision. While deputy sheriffs are considered part of the 'police department' for a county, the court found Deputy Constables are employed by the Constable's Office, not the 'police department' or Sheriff's Office. Therefore, the court concluded that the Deputy Constables do not meet the definition of 'police officer' under the Act, lack standing to bring suit, and reversed the trial court’s denial of Wolff’s plea to the jurisdiction, rendering judgment in favor of Wolff.

Collective BargainingFire and Police Employee Relations ActTexas Local Government Code Chapter 174StandingPlea to JurisdictionMotion to DismissDeputy ConstablesPolice Officers DefinitionAppellate ReviewStatutory Interpretation
References
15
Case No. 04-13-00080-CV
Regular Panel Decision
Jul 17, 2013

Nelson Wolff, County Judge of Bexar County Texas, Bexar County Commissioners Paul Elizondo, Tommy Adkisson, Sergio Chico Rodriguez and Kevin Wolff And Bexar County, Texas v. Deputy Constables Association of Bexar

The Deputy Constables Association of Bexar County sued Nelson Wolff, et al., alleging a violation of the Fire and Police Employee Relations Act for failing to engage in collective bargaining. The case originated from the trial court's denial of Wolff's plea to the jurisdiction and motion to dismiss. The central legal question on appeal was whether the Deputy Constables possessed the standing to collectively bargain under Texas Local Government Code Chapter 174, which restricts this right to "police officers" employed in a political subdivision's "police department." The Fourth Court of Appeals in San Antonio, Texas, analyzed relevant statutory definitions and precedent, distinguishing between the Sheriff's Office (considered a "police department" for the county) and the Constable's Office. Concluding that Deputy Constables are not employed by the "police department" or the Sheriff's Office, the court determined they do not meet the statutory definition of "police officer" and thus lack standing to pursue their claim. Consequently, the appellate court reversed the trial court's decision and rendered judgment in favor of Wolff, dismissing the suit.

Collective BargainingStandingPolice OfficersLocal Government CodeBexar CountyConstable's OfficeSheriff's OfficeStatutory InterpretationAppellate ReviewPlea to Jurisdiction
References
15
Case No. MISSING
Regular Panel Decision

In re Arbitration Between Monroe County Deputy Sheriffs' Ass'n & Monroe County

The petitioner, representing Deputy Sheriffs, challenged an arbitration award concerning holiday pay. Five Deputy Sheriffs, scheduled to work on July 4, 2011, received only eight hours of holiday pay despite being granted the day off, not their regular shift pay plus holiday pay. The petitioner argued that the collective bargaining agreement and Military Law § 249 mandated additional payment. The arbitrator denied the grievance, concluding neither required the additional payment. The Supreme Court confirmed this award, and the appellate court affirmed, finding no excess of arbitral power, no irrational construction of the CBA, and no violation of public policy.

Collective Bargaining AgreementGrievanceArbitration AwardPublic PolicyMilitary LawHoliday PayDeputy SheriffsCPLR Article 75AffirmanceAppellate Review
References
6
Case No. CA 13-01106
Regular Panel Decision
Feb 07, 2014

MONROE COUNTY DEPUTY SHERIFF'S, MTR. OF

Petitioner, a bargaining representative for Deputy Sheriffs, sought to vacate an arbitration award that denied a grievance concerning holiday pay for five members on July 4, 2011. The Deputy Sheriffs were granted the day off with pay but were not compensated for their regular shifts in addition to the holiday pay, which petitioner alleged violated their collective bargaining agreement and Military Law § 249. The arbitrator denied the grievance, concluding that neither the CBA nor Military Law § 249 mandated the additional payment. The Supreme Court confirmed the arbitration award. The Appellate Division affirmed the lower court's decision, finding the arbitrator did not exceed his authority, his construction of the CBA was not irrational, and the award did not violate public policy.

Arbitration AwardCollective Bargaining AgreementHoliday Pay DisputeMilitary Law BenefitsGrievance DenialDeputy SheriffsPublic PolicyVacate ArbitrationAppellate ReviewLabor Relations
References
6
Case No. MISSING
Regular Panel Decision

Marshall v. Leavey

This case involves a petitioner's suit to review a Deputy Commissioner's finding of partial permanent disability and an order for the insurance carrier to pay compensation. The core issue is whether the Deputy Commissioner's findings regarding disability and wage-earning capacity are supported by substantial evidence. The court considered medical testimony from a neuro-surgeon, Dr. Harry Starr, detailing the petitioner's physical and emotional ailments and an estimated 20-25% medical disability. Testimony from the Texas Employment Commission on available light work and wages was also presented. The court ultimately affirmed the Deputy Commissioner's award, ruling that it was supported by substantial evidence, thus denying the petitioner's motion for summary judgment and granting those of the Deputy Commissioner and The Travelers Insurance Company.

Longshoremen's ActWorkers' CompensationPartial Permanent DisabilityWage-Earning CapacitySubstantial EvidenceMedical TestimonyNeuro-surgeryMental HealthAdministrative ReviewSummary Judgment
References
5
Case No. 03-97-00567-CV
Regular Panel Decision
Jul 30, 1998

Memorial Medical Center of East Texas v. James A. Howard, Special Deputy Receiver of Texas Employers' Insurance Association and Texas Property and Casualty Insurance Guaranty Association

Memorial Medical Center of East Texas appealed a summary judgment granted in favor of James A. Howard, Special Deputy Receiver of Texas Employers' Insurance Association, and Texas Property and Casualty Insurance Guaranty Association. Memorial sought a declaration that the appellees were obligated to reimburse defense costs incurred in a separate suit brought by its employees. The trial court granted the appellees' motions for summary judgment without specifying the grounds. The appellate court affirmed the trial court's judgment, holding that both the Receiver and the Association were statutorily precluded from defending Memorial or reimbursing its defense costs under relevant provisions of the Texas Insurance Code.

Summary judgmentInsurance CodeDuty to defendReimbursementImpaired insurerReceivershipGuaranty AssociationAppellate reviewStatutory interpretationWorkers' compensation insurance
References
11
Case No. MISSING
Regular Panel Decision

Fowler v. Sheppeard

Jay Fowler, an employee of Todd Galveston Dry Docks, Inc., initiated a proceeding under the Longshoremen’s and Harbor Workers’ Compensation Act to review a compensation award made by a Deputy Commissioner on August 17, 1944. Fowler contested the Deputy Commissioner's findings regarding his average weekly wage and annual earnings, claiming they lacked evidentiary support. District Judge KENNERLY reviewed the stenographic record, including stipulations concerning Fowler’s earnings and those of comparable employees, as outlined in Section 910, Title 33 U.S.C.A. The court concluded that the Deputy Commissioner's wage calculations were indeed unsupported by the evidence and stipulations. Consequently, the case was remanded to the Deputy Commissioner for a new hearing and determination of Fowler's average weekly wage according to the statutory guidelines.

Longshoremen’s and Harbor Workers’ Compensation ActWage DeterminationAverage Weekly WageCompensation AwardJudicial ReviewRemandEvidentiary SupportStipulation33 U.S.C.A. Section 910Employment Earnings
References
0
Case No. 15-25-00013-CV
Regular Panel Decision
May 07, 2025

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

Broadmoor Austin Associates leased office space to the Texas government, specifically the Texas Health and Human Services Commission (HHSC), through the Texas Facilities Commission (TFC). Rent has been unpaid for nearly two years due to alleged misconduct by state officials. Broadmoor asserts that sovereign immunity does not bar its claims for breach of contract, citing Chapter 114's express waiver for contracts involving construction and related services. Additionally, Broadmoor brings ultra vires claims against TFC Executive Director Mike Novak and HHSC Deputy Executive Commissioner Roland Niles, alleging their actions were beyond legal authority or a failure to perform ministerial duties. Broadmoor seeks prospective injunctive and declaratory relief to ensure these officials comply with state law, specifically regarding the availability of appropriated funds for the lease.

Sovereign ImmunityBreach of ContractUltra Vires DoctrineState AgenciesGovernment ContractsLease AgreementsLegislative AppropriationsExecutive AuthorityJudicial ReviewTexas Facilities Commission
References
69
Case No. 15-25-00012-CV
Regular Panel Decision
Mar 17, 2025

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

This is an interlocutory appeal from a denial-in-part of Appellants’ plea to the jurisdiction. Appellee filed an action against the State of Texas, TFC, HHSC, Executive Director Mike Novak of TFC, and Deputy Executive Commissioner for System Support Services Division of HHSC Rolland Niles alleging causes of action for breach of lease, ultra vires conduct related to the termination of the lease, and declaratory relief. Appellants argue that the trial court erred in denying their plea because Chapter 114 of the Texas Civil Practices and Remedies Code does not waive sovereign immunity for the State of Texas, HHSC, or TFC for breach of lease claims, and the lease is not a contract for goods or services covered by Chapter 114. Furthermore, Appellants contend that the Uniform Declaratory Judgments Act (UDJA) does not waive sovereign immunity for Appellee's declaratory judgment claim as it does not challenge the constitutionality or validity of a statute, and Appellee has not alleged a cognizable ultra vires claim against the state officials. Appellants seek reversal of the partial denial of their plea to the jurisdiction and dismissal of Appellee's claims.

Sovereign ImmunityBreach of LeaseDeclaratory JudgmentUltra ViresTexas Civil Practices and Remedies CodeTexas Government CodeAppellate ProcedureJurisdictionState AgenciesContract Law
References
44
Case No. MISSING
Regular Panel Decision

Rockport Yacht & Supply Co., Inc. v. Hollis

This case involves an appeal from an award made by a Deputy Commissioner under the Federal Longshoremen's and Harbor Workers' Act. James R. Nelson sustained a back injury while employed by Rockport Yacht & Supply Co., Inc. (RYSCO). After an initial state workmen's compensation claim, Nelson filed federal claims, leading to an award of total and permanent disability benefits by the Deputy Commissioner. RYSCO and its insurance carrier, Marine Office of America, appealed this award, seeking injunctive relief and a de novo trial, relying on the precedent of Crowell v. Benson. The Court considered whether the employer and carrier were entitled to a de novo trial on jurisdictional facts (employment and injury on navigable waters). The Court denied the request for a de novo hearing, noting that the Fifth Circuit has indicated the Crowell v. Benson doctrine is doubtful and that there was no conflicting testimony on the issue of injury on navigable waters. The court also addressed the issue of dual recovery, stating that any state compensation benefits must be credited against the federal award. Ultimately, the Court affirmed the Deputy Commissioner's findings, order, and award, concluding they were supported by substantial evidence and in accordance with the law, and granted the Deputy Commissioner's motion for summary judgment.

Longshoremen's and Harbor Workers' Compensation ActDe Novo ReviewJurisdictional FactsAdmiralty JurisdictionWorkmen's CompensationDual RecoverySummary JudgmentAppellate ReviewFederal Compensation LawSubstantial Evidence
References
9
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