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

Case No. 01-21-00008-CV
Regular Panel Decision
Aug 29, 2024

What Happened in Felix vs. Weber Metals Reconsideration?

Appellants Sealy Emergency Room, L.L.C., and Dr. Kannappan Krishnaswamy appealed a trial court's summary judgment in favor of appellees Free Standing Emergency Room Managers of America, L.L.C., Dr. Atul Dhingra, Dr. Swapan Dubey, and Dr. Sanjeev Dubey. The dispute arose from a management agreement for an emergency room, with appellants bringing counterclaims and third-party claims for breach of contract, fraud, fraudulent inducement, and negligence. After a previous dismissal for lack of appellate jurisdiction was reversed by the Texas Supreme Court, the First District of Texas Court of Appeals reviewed the merits. The court found that the appellants failed to raise a genuine issue of material fact on any of their claims, concluding that the alleged breaches of contract were not supported by the agreement's plain language or that the best-efforts clause was unenforceable. Furthermore, claims of fraud and negligence were not substantiated or were barred by the economic loss rule. Therefore, the appellate court affirmed the trial court's summary judgment.

Contract DisputeSummary JudgmentAppellate ReviewBreach of ContractFraudFraudulent InducementNegligenceEconomic Loss RuleTexas LawHealthcare Management
References
45
Case No. 03-10-00019-CV
Regular Panel Decision
Oct 12, 2011

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case concerns challenges by current and former employees of the Texas Youth Commission (TYC) against the constitutionality of Senate Bill 103, which converted TYC employment from 'for-cause' to 'at-will.' The plaintiffs, including Dr. Don Brantley, Belinda Castillo, Dr. Corinne Alvarez-Sanders, and Patricia Logterman, sought declaratory, injunctive, and monetary relief based on alleged wrongful termination, due process violations, defamation, and unconstitutional takings. The district court partially granted and denied TYC's plea to the jurisdiction. The appellate court affirmed the dismissal of Castillo's claims for lack of ripeness and the defamation and takings claims for all plaintiffs due to sovereign immunity. It reversed in part, allowing Alvarez-Sanders and Logterman to replead their wrongful-termination/due-process claims for equitable relief against a proper state official, and similarly reversed in part Brantley's wrongful-termination/due-process claim.

Employment LawPublic EmployeesAt-Will EmploymentFor-Cause EmploymentDue ProcessConstitutional LawRetroactive LegislationEx Post Facto LawBill of AttainderSovereign Immunity
References
37
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

This workmen's compensation case examines whether Mr. Curtis was an employee or an independent contractor of Black Coal Company. Curtis sustained injuries in an automobile accident while en route from the mines to the company office. The Chancellor determined Curtis was an employee, citing Black Coal Company's control over mining methods, quantity, and delivery, as well as evidence of compensation coverage for Curtis. The appellate court affirmed this decision, emphasizing the liberal construction of the Workmen's Compensation Act and upholding the Chancellor's findings of fact supported by material evidence.

Employee Status DeterminationIndependent Contractor ClassificationWorkmen's Compensation ActEmployer Control FactorsMining OperationsIndustrial InjuryAppellate Court AffirmationChancellor's Factual FindingsStatutory InterpretationLabor Relations
References
9
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Dorothy Curtis, an independent contractor, sued Harold Reeves and Fred Rosenberg (RAHFG, Joint Venture) for breach of a custodial services contract after her termination. The Chancellor initially ruled in favor of Curtis, stating her independent contractor status prevented termination for misconduct unrelated to her duties. However, the appellate court reversed this decision, holding that an employer can discharge an independent contractor for cause if their actions, such as making derogatory remarks about the employer to tenants, harm the employer's business interests or reputation, regardless of work quality. Consequently, Curtis's lawsuit was dismissed.

Breach of ContractIndependent ContractorEmployment TerminationJust CauseBusiness InterestsReputation DamageDerogatory RemarksTenant RelationsAppellate ReversalMaster and Servant
References
7
Case No. 14-12-00531-CV
Regular Panel Decision
Sep 12, 2013

Can a WCJ Be Disqualified for Appearance of Bias?

Denise Zimmerman, a dental hygienist, sued Dr. Leslie Farias, D.D.S., P.A., and Leslie Farias individually for negligence after breaking her hip in a workplace fall due to alleged tripping hazards from computer cords. Neither Farias nor her Professional Association subscribed to Texas workers’ compensation insurance. Zimmerman's claims included unsafe working environment and an attempt to pierce the corporate veil against Farias. The trial court granted summary judgment in favor of the appellees. The appellate court affirmed, concluding that Zimmerman did not provide sufficient evidence to support her claims of sham to perpetrate fraud or an unreasonable risk of harm in her premises liability claim.

Workplace personal injurySummary judgmentNegligencePremises liabilityCorporate veil piercingAlter egoDental office accidentAppellate reviewTexas lawNo-evidence summary judgment
References
36
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

Simon Ramirez sustained a lower back injury while working, leading to a spinal fusion. K-Mart's worker's compensation carrier hired Dr. Jose Carreras to conduct a range-of-motion examination for disability rating. Simon and Cynthia Ramirez alleged Dr. Carreras caused further injury by forcefully bending Simon during the examination. The trial court directed a verdict on assault and battery but presented the common law negligence claim to the jury, which found no negligence. The appellate court affirmed the trial court's judgment, upholding the jury's verdict. It also ruled that the Texas Medical Liability and Insurance Improvement Act was not applicable due to the absence of a physician-patient relationship between Dr. Carreras and Simon Ramirez, reaffirming its prior decision on this matter as the law of the case.

NegligenceMedical ExaminationDuty Not To InjureWorker's CompensationPhysician-Patient RelationshipCommon Law NegligenceDirected VerdictAppellate ReviewSufficiency of EvidenceMedical Malpractice Act Inapplicability
References
5
Case No. 14-18-00274-CV
Regular Panel Decision
Mar 17, 2020

Why Was Removal Denied in Rush vs. California Correctional Institution?

Three doctors, Patino, Wilson, and Craighead, appealed the dismissal of their claims against the Texas Department of Insurance-Division of Workers’ Compensation and other state entities. The doctors were excluded from the state's workers' compensation approved doctor list between 2004 and 2007, leading to administrative penalties and a subsequent lawsuit. The trial court dismissed their claims for lack of jurisdiction, asserting immunity. The appellate court affirmed the dismissal of claims challenging final agency orders due to unexhausted administrative remedies and collateral attack immunity. However, the court reversed the dismissal of the doctors' constitutional challenges to the Workers’ Compensation Act and ultra vires claims against the Commissioner, concluding these claims were properly pleaded and not barred by sovereign immunity.

Physician ExclusionAdministrative LawJudicial ReviewSovereign ImmunityUltra Vires ClaimsConstitutional ChallengeDue Process RightsProfessional LicensingGovernment RegulationTexas Labor Code
References
24
Case No. E2008-02483-CCA-R9-CD
Regular Panel Decision
Sep 28, 2010

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

The State of Tennessee and Dr. Sandra Elkins appealed a trial court's discovery order, which granted John and Sarah Cote's request for Dr. Elkins's personal medical and employment records. The Cotes, accused in a minor child's death, sought these records related to Dr. Elkins, the medical examiner who performed the victim's autopsy, arguing their materiality to their defense. The appellate court, treating the appeal as a common law writ of certiorari, found that the Cotes failed to make a plausible showing that the requested privileged information was material and favorable to their defense, a necessary prerequisite for an in camera review. Consequently, the court reversed the trial court's order for in camera inspection and remanded the case, also explicitly ruling that records from the Tennessee Board of Medical Examiners are absolutely protected from disclosure.

Criminal ProcedureDiscoveryIn Camera ReviewPrivileged InformationMedical RecordsMental Health RecordsEmployment RecordsMedical ExaminerDue ProcessCertiorari
References
49
Case No. 03-12-00711-CV
Regular Panel Decision
Dec 18, 2014

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Dr. Eric A. VanderWerff, D.C. appealed a trial court's judgment granting a plea to the jurisdiction and dismissing his lawsuit against the Texas Board of Chiropractic Examiners. The Board had previously issued an order finding Dr. VanderWerff violated the Chiropractic Act by engaging in grossly unprofessional conduct and assessed a $1,500 penalty. His motion for rehearing to the Board was untimely, making the Board's order final. Dr. VanderWerff then filed a lawsuit seeking declaratory and injunctive relief, challenging the Board's interpretation and application of certain statutes and regulations. The appellate court affirmed the trial court's dismissal, holding that neither the Administrative Procedure Act nor the Uniform Declaratory Judgments Act waived the Board's sovereign immunity, and that the claims did not present a justiciable controversy or fall under the collateral-attack exception.

Appellate LawAdministrative LawSovereign ImmunityPlea to JurisdictionDeclaratory Judgment ActInjunctive ReliefChiropractic ActProfessional MisconductContested CaseAdministrative Remedies
References
12
Case No. 11-06-00149-CV
Regular Panel Decision
Feb 22, 2008

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Linda Young sued her employer, Dr. Camil Kreit (a/k/a Camil Ibrahim), for personal injuries sustained when her office chair broke, and also alleged fraud for withheld health insurance premiums. The trial court granted a partial summary judgment for Young, leading to a final judgment for various damages. Dr. Kreit appealed, challenging jurisdiction, notice, denial of a jury, and the sufficiency of damage evidence. The appellate court affirmed Dr. Kreit's liability for negligence and the award for past and future medical expenses, but reversed and remanded the awards for fraud, lost wages, and mental anguish due to insufficient evidence.

Personal InjuryNegligenceEmployer LiabilitySummary JudgmentAppellate ReviewDamagesMental AnguishLost WagesMedical ExpensesFraud
References
28
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