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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. 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

Gallagher v. New York Post

Hugh Gallagher, an ironworker, sustained injuries after falling through an uncovered opening at a work site owned by NYP Holdings, Inc., while cutting metal decking. He and his wife sued NYP, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), specifically failure to provide safety devices. NYP contended that safety devices were available and that Gallagher's premature return to work after a prior injury was the sole proximate cause of his fall. The Supreme Court and Appellate Division initially denied summary judgment for plaintiffs, citing factual disputes regarding device availability and Gallagher's conduct. However, the Court of Appeals reversed, finding plaintiffs made a prima facie showing of a Labor Law § 240 (1) violation, and NYP failed to demonstrate that Gallagher knew of available safety devices and unreasonably chose not to use them, or that his prior injury was the sole proximate cause. The Court of Appeals granted plaintiffs' motion for partial summary judgment on liability.

Ironworker injuryConstruction accidentFall from heightLabor Law § 240 (1)Scaffolding LawSafety devicesProximate causeSummary judgmentAppellate reviewPersonal injury
References
5
Case No. 14-12-00531-CV
Regular Panel Decision
Sep 12, 2013

Denise Zimmerman v. Dr. Leslie Farias, D.D.S., P.A. F/K/A Dr. Leslie Farias, D.D.S., P.C. and Leslie Farias, Individually

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
Jan 27, 2012

Gallagher v. Resnick

This case involves an appeal concerning personal injuries sustained by Philip Gallagher, who fell from a roof while taking measurements for construction materials. Gallagher, along with his wife and company, sued S. Donadic, Inc. (general contractor) and Coffey Contracting, Inc. (masonry contractor), alleging violations of Labor Law §§ 200, 240(1), 241(6), and common-law negligence. The Supreme Court initially denied the plaintiffs' motion for summary judgment on Labor Law § 240(1) and granted parts of the defendants' cross-motions. On appeal, the order was affirmed in part and reversed in part. The appellate court found Gallagher was engaged in a 'covered activity' under Labor Law § 240(1) and that no safety devices were present, thereby granting the plaintiffs' motion for summary judgment on liability against both Donadic and Coffey Contracting for the Labor Law § 240(1) violation. The court also affirmed the denial of summary judgment for Donadic regarding Labor Law § 200 and for both defendants regarding common-law negligence.

Personal InjuryLabor LawSummary JudgmentConstruction AccidentWork Site SafetyStatutory AgentCommon-Law NegligenceAppellate DecisionProximate CauseTraumatic Brain Injury
References
17
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. No. 00-CV-1161
Regular Panel Decision
Dec 28, 2000

Gallagher v. International Brotherhood of Electrical Workers

Michael Gallagher, a member of IBEW Local 43, sued the International Brotherhood of Electrical Workers (IBEW), its President J.J. Barry, IBEW Local 43, and several electrical contractors, alleging age discrimination in employment referrals and retaliation. He claimed violations of the Age Discrimination in Employment Act (ADEA) and New York Executive Law § 296. The International defendants (IBEW and J.J. Barry) filed a motion for judgment on the pleadings, arguing that Gallagher failed to name them in his administrative charges with the EEOC and NYSDHR, and that the claims were time-barred. The court granted the motion, finding that the "identity of interest" exception did not apply, thereby barring the ADEA claim against the International defendants. Additionally, the court ruled that Gallagher's state law claims were also time-barred due to failure to file within the statutory limits against the International defendants.

Age DiscriminationEmployment LawLabor UnionsCollective BargainingHiring HallEEOCNYSDHRStatute of LimitationsJudgment on the PleadingsIdentity of Interest
References
15
Case No. MISSING
Regular Panel Decision

Simon Ramirez and Cynthia Ramirez v. Dr. Jose Carreras

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

Dr. Louis Patino, D.C. Dr. Stephen Wilson, M.D. And Dr. Gary Craighead, D.C. v. Texas Department of Insurance-Division of Workers' Compensation Commissioner Cassandra J. Brown and Dr. Donald Patrick, in Their Official and Individual Capacities State Office of Administrative Hearings, Texas Chief Administrative Law Judge Cathleen Parsley in Her Official Capacity Tommy Broyles, in His Official Capacity The State of Texas And the Attorney General of the State of Texas

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

State v. John Cote and Sarah Cote, In Re: Dr. Sandra Elkins

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
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