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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. 03-16-00510-CV
Regular Panel Decision
May 17, 2016

Steve F. Montoya, Jr., M.D., West Texas Renal Care and West Texas Nephrology v. San Angelo Community Medical Center and Kirk Brewer, M.D.

Appellants, Steve F. Montoya, Jr., M.D., and his entities, appealed the dismissal of their claims against Kirk Brewer, M.D. and the summary judgment granted to San Angelo Community Medical Center (SACMC). Dr. Montoya alleged that Dr. Brewer, as Chief of Staff and head of a hospitalist group, conspired with SACMC to engage in anticompetitive actions, including a "whisper campaign" and manipulating patient referrals from the emergency room to favor hospital-affiliated physicians, thereby harming Dr. Montoya's nephrology practice. The lower court dismissed claims against Dr. Brewer under the Texas Citizens Participation Act and Rule 91a, subsequently granting summary judgment to SACMC. Appellants argue these dismissals were erroneous, asserting their claims are valid under Texas antitrust laws, they presented clear and specific evidence, SACMC has direct liability, and the court failed to consider their updated pleadings. Dr. Montoya seeks to reverse the dismissals, citing significant lost revenue estimated between $3,000,000 and $6,500,000 from lost long-term kidney dialysis patients.

AntitrustBusiness DisparagementDefamationTortious InterferenceMonopolizationGroup BoycottEMTALAPatient ReferralsHospitalist ServicesPhysician Privileges
References
49
Case No. W2001-01683-COA-R3-CV
Regular Panel Decision
Nov 18, 2002

Patsy Mitchell v. Dr. James Ensor

Patsy Mitchell and her husband Steve Mitchell, appellants, brought a medical malpractice action against Dr. James Ensor, M.D., and Memphis Internal Medicine, P.L.L.C., appellees. The plaintiffs alleged Dr. Ensor negligently administered a Depo-Testosterone injection to Mrs. Mitchell for diminished libido without informed consent, resulting in virilizing side effects, including clitoral enlargement. The Circuit Court for Shelby County entered judgment on a jury verdict for the defendants. On appeal, the plaintiffs challenged the trial court's refusal to instruct the jury on lack of informed consent and the admissibility of expert witness testimony. The Court of Appeals of Tennessee affirmed the trial court's judgment, finding no error in the jury instructions or the admission of expert testimony on alternate causes, and remanded the case.

Medical MalpracticeInformed ConsentTestosterone InjectionDepo-TestosteroneClitoral EnlargementVirilizationHormone Replacement TherapyJury InstructionsExpert Witness TestimonyMedical Causation
References
36
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

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
Case No. 03-12-00711-CV
Regular Panel Decision
Dec 18, 2014

Dr. Eric A. VanderWerff, D.C. v. Texas Board of Chiropractic Examiners

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

Camil Ibrahim A/K/A Camil Kreit and Dr. Camil Kreit, M.D., P.A. v. Linda Young

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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