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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

Sealy Emergency Room, L.L.C. and Kannappan Krishnaswamy, M.D. v. Dr. Atul Dhingra, Dr. Swapan Dubey and Dr. Sanjeev Dubey

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. 13-18-00092-CV
Regular Panel Decision
Jun 13, 2019

Ramona Rogers, M. D., Modesto Zambrano, Stephanie Cumpian, Rolando Flores, Hector Ontiveros, Priscilla Nieto, Sonia Hernandez-Keeble, Blas Ortiz, Jr., David Moron, M. D., Jaime Flores and Rio Grande State Center v. David Saxon Bagley, Individually and as Representative of the Estate of Jeremiah Ray Bagley

David Saxon Bagley sued healthcare providers and Rio Grande State Center (RGSC) for the death of his son, Joshua, who died after being physically restrained at RGSC. The claims included negligence and civil rights violations under 42 U.S.C. § 1983. Appellants argued that the claims were healthcare liability claims (HCLCs) requiring an expert report under Texas Civil Practice & Remedies Code § 74.351. The appellate court agreed that the claims met the HCLC definition. However, the court ultimately held that § 1983 preempts the expert report requirement of § 74.351 in cases involving excessive force against healthcare institutions or providers, thereby affirming the trial court's denial of the appellants' motion to dismiss.

Civil Rights ClaimExcessive ForceHealthcare Liability ClaimPreemption DoctrineState ActorsMedical MalpracticeExpert Report RequirementMental Health PatientsPhysical RestraintTexas Medical Liability Act
References
45
Case No. 03-10-00019-CV
Regular Panel Decision
Oct 12, 2011

Dr. Don Brantley, Belinda Castillo, Dr. Corinne Alvarez-Sanders and Patricia Logterman// Texas Youth Commission Cherrie Townsend in Her Official Capacity as Executive Director v. Texas Youth Commission Cherrie Townsend in Her Official Capacity as Executive Director// Dr. Don Brantley, Belinda Castillo, Dr. Corinne Alvarez-Sanders

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

Claim of Moysello v. David

The claimant, a taxicab driver for David’s Taxi and David Enterprises, was injured in a motor vehicle accident in January 2007. An investigation by the Workers’ Compensation Board determined that Charles David and David Enterprises were the uninsured "true owners" and employers. A workers’ compensation law judge found them to be employers and uninsured, a decision affirmed by the Board, which found they met the presumptive definition of employer under Workers’ Compensation Law § 2 (former [3]) and had proper jurisdiction. The appellate court affirmed the Board’s decision, concluding it was supported by substantial evidence and that proper notice of the hearing was received despite competing address claims.

Motor Vehicle AccidentTaxicab DriverEmployer DefinitionUninsured EmployerWorkers' Compensation LawNotice of HearingBoard ReviewAppellate DecisionSubstantial EvidenceCorporate Ownership
References
1
Case No. 2015-06-0860
Regular Panel Decision
Apr 13, 2016

Young, David v. Young Electric

David Young, an employee of Young Electric (YEC), filed a Request for Expedited Hearing seeking temporary disability and medical benefits for a neck injury sustained on May 11, 2015, during employment. YEC denied the claim, asserting the incident never occurred and questioning Young's credibility due to inconsistent statements and delayed reporting. The Court found Young's testimony more persuasive regarding the workplace accident and timely reporting. Consequently, the Court ordered YEC to provide ongoing medical treatment with Dr. N.K. Singh and reimburse Young for out-of-pocket medical expenses paid to Dr. Lanford, citing YEC's failure to timely provide a panel of physicians. However, Young's request for temporary disability benefits was denied as he failed to prove total disability for the requested period.

Expedited HearingMedical BenefitsTemporary Disability BenefitsWorkplace InjuryCausation DisputeCredibility of WitnessEmployer LiabilityPhysician PanelMedical ReimbursementBusiness Records Exception
References
8
Case No. MISSING
Regular Panel Decision

Johnson v. New York Hospital

Plaintiff, a registered nurse, filed an action under Section 504 of the Rehabilitation Act against The New York Hospital, its President Dr. David Skinner, and Assistant Director of Nursing Mr. Jody Sklar, alleging unlawful employment termination due to an alcoholism relapse. The plaintiff objected to a protective order preventing Dr. Skinner's deposition, while defendants sought to dismiss claims against individual defendants. The court granted dismissal against Mr. Sklar but denied it for Dr. Skinner, finding that individuals responsible for discriminatory decisions can be liable under the Act, especially those in positions to accept federal funds. Consequently, the protective order against deposing Dr. Skinner was set aside.

Rehabilitation Actemployment discriminationdisability rightsalcoholismindividual liabilitycorporate responsibilityprotective orderdiscoverymotion to dismiss
References
9
Case No. 03-19-00484-CV
Regular Panel Decision
Jun 04, 2021

Dr. Lawrence Broder, M.D. and Round Rock Medical Aesthetics & Urgent Care PLLC D/B/A Beleza Medspa v. Nexstar Broadcast Group, Inc. KXAN-TV And Jody Barr

This case involves an appeal by Dr. Lawrence Broder, M.D. and Round Rock Medical Aesthetics & Urgent Care PLLC d/b/a Beleza Medspa against Nexstar Broadcast Group, Inc., KXAN-TV, and Jody Barr. The appellants sued for defamation, business disparagement, and tortious interference after KXAN-TV aired a news report by Jody Barr regarding complaints filed against Dr. Broder with the Texas Medical Board (TMB) and the death of a patient following plastic surgery. The appellees filed a motion to dismiss under the Texas Citizens Participation Act (TCPA), which the trial court granted. The Court of Appeals affirmed the trial court's dismissal, finding that the TCPA applied, the appellants failed to establish a prima facie case for their claims, and the attorney's fee award to the appellees was reasonable. The court specifically noted that the news report was substantially true and concerned matters of public interest, thus protected under free speech.

DefamationBusiness DisparagementTortious InterferenceTexas Citizens Participation ActTCPAFree SpeechMedical MalpracticeTexas Medical BoardTMBMedia Privilege
References
30
Case No. 2015-05-0235
Regular Panel Decision
Jan 26, 2016

Williams, David v. Nissan North America, Inc.

David Williams, an employee, sought medical and temporary disability benefits for a right arm and shoulder injury allegedly sustained while working for Nissan North America, Inc. He had previously reported a left arm injury. The claim was denied based on the Authorized Treating Physician, Dr. Jeffrey Hazlewood's, opinion that the injury was not work-related. The Court found Mr. Williams failed to rebut the statutory presumption of correctness afforded to Dr. Hazlewood's causation opinion, despite presenting evidence from another physician, Dr. Roderick Vaughan, who performed surgery but provided no causation opinion. Consequently, the Court denied the requested benefits, concluding that Mr. Williams was not likely to prevail on the merits.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Disability BenefitsCausationRight Shoulder InjuryRight Elbow InjuryRotator Cuff TendinitisLateral EpicondylitisCubital Tunnel Syndrome
References
3
Case No. 06-05-00095-CV
Regular Panel Decision
Oct 20, 2006

Pilgrim`s Pride Corporation and David Franklin Sharp, Jr. v. David Cernat and Joseph Ciupitu

This case involves a motor vehicle accident where David Cernat and Joseph Ciupitu were rear-ended by a truck driven by David Franklin Sharp, Jr., for Pilgrim's Pride Corporation. The jury found Pilgrim's Pride 50% responsible and each plaintiff 25% responsible. The appellate court reviewed the trial court's application of comparative negligence statutes (Tex. Civ. Prac. & Rem. Code Ann. §§ 33.012, 33.013). It found that the trial court erred in calculating damages and modified the judgment, reducing the awards for Cernat and Ciupitu to correctly apply the comparative negligence principles. The court also affirmed the legal and factual sufficiency of the evidence supporting the jury's awards for lost earning capacity and future medical damages.

Motor Vehicle AccidentComparative NegligenceDamages CalculationAppellate ReviewLegal SufficiencyFactual SufficiencyLost Earning CapacityFuture Medical ExpensesPersonal InjuryStatutory Interpretation
References
28
Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
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