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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Gore v. Amoco Production Co.

This case concerns a common law personal injury action brought by an employee against her employer. The plaintiff was injured after falling over a roll of carpeting at work and subsequently received a settlement from the employer's compensation carrier under the Texas Workers’ Compensation Act. Despite this, she asserted a common law action, arguing the employer was liable in a dual capacity as both employer and occupier of the premises. The trial court granted summary judgment for the employer, citing the exclusivity provisions of the Workers' Compensation Act. The appellate court affirmed this decision, rejecting the 'dual capacity' doctrine based on strong precedent from Cohn v. Spinks Industries, Inc., which emphasized that the Workers' Compensation Law represents the exclusive remedy in Texas.

Dual Capacity DoctrineWorkers' Compensation ActExclusivity ProvisionCommon Law ActionSummary JudgmentPersonal InjuryEmployer LiabilityPremises LiabilityAppellate ReviewLegal Precedent
References
3
Case No. MISSING
Regular Panel Decision

Employers Casualty Co. v. Hutchinson

This is a workers' compensation death case where Mary Jane Hutchinson sought benefits for her son, George W. Hutchinson, who died in an automobile accident while allegedly in the course and scope of his employment with Ford Motor Credit Corporation. The jury found in favor of the plaintiff, but Employers Casualty Company appealed, challenging the sufficiency of the evidence and the trial court's refusal to instruct the jury on the "dual-purpose travel doctrine." The appellate court affirmed the trial court's judgment, finding sufficient evidence to support the jury's finding that the decedent was in the course of his employment and that the dual-purpose travel doctrine was not applicable to the fatal trip.

Workers' CompensationDeath BenefitsCourse and Scope of EmploymentAutomobile AccidentDual-Purpose Travel DoctrineAppellate ReviewJury VerdictSufficiency of EvidenceStatutory InterpretationEmployer's Affairs
References
9
Case No. 13-17-00346-CV
Regular Panel Decision
May 09, 2019

Audrey Nickerson v. Julio Pineda and Unique Employment, LLC, Unique Employment Services, Unique Employment I, LTD, D/B/A Unique Employment Services

Audrey Nickerson, an employee of the City of Corpus Christi, sued Julio Pineda, a temporary worker, and Unique Employment Services for negligence after Pineda, operating a City-owned backhoe, caused an injury. Appellees filed a plea to the jurisdiction, which the trial court granted. The appellate court affirmed the dismissal of claims against Pineda, determining he qualified as a government employee under the Texas Tort Claims Act and was therefore immune from suit. However, the court reversed the dismissal of claims against Unique Employment Services, concluding that the borrowed-employee doctrine, on which Unique relied, is an affirmative defense to liability and not a jurisdictional matter properly addressed in a plea to the jurisdiction. The case against Unique was remanded for further proceedings.

Plea to the JurisdictionGovernmental ImmunityTexas Tort Claims ActElection of RemediesBorrowed Employee DoctrineNegligenceTemporary StaffingVicarious LiabilityAppellate ReviewSubject Matter Jurisdiction
References
35
Case No. MISSING
Regular Panel Decision

Christian v. Texas Employers Insurance Ass'n

This worker's compensation case involves an appeal by Charles Edward Christian and Travelers Indemnity Company of Rhode Island against a summary judgment granted to Texas Employers Insurance Association. Texas Employers, carrier for Affiliated Food Stores, Inc., originally sued to set aside an award to Christian, naming Christian and Travelers (carrier for Cannon Protective Services, Inc.) as defendants. Christian had cross-claimed alleging dual employment with Affiliated and Cannon. The trial court's summary judgment in favor of Texas Employers was based on the finding that Christian was an employee of Cannon, not Affiliated, at the time of injury. The appellate court reversed, finding a genuine issue of material fact regarding whether Christian was an employee of Affiliated or a 'special employee' under the borrowed servant doctrine, and remanded the case for trial on the merits.

Worker's CompensationDual EmploymentBorrowed Servant DoctrineSummary JudgmentRight to ControlSpecial EmployeeEmployer LiabilityInsurance CarrierAppellate ReviewRemand
References
8
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Lee

This worker's compensation case concerns Franklin N. Lee, a carpenter employed by Sabine Consolidated, Inc., who sustained severe injuries on June 28, 1975. The injury occurred after his work shift, within his employer's designated parking area on the construction site, while he was attempting to clear a path for his car by moving a company compressor. The defendant, Texas Employers’ Insurance Association, appealed a jury verdict that found Lee's injury occurred in the course of his employment, challenging the application of the 'access doctrine.' The 'access doctrine' posits that employment includes a reasonable margin of time and space for an employee to pass to and from work, extending to injuries sustained on premises owned or controlled by the employer or closely related thereto. The appellate court affirmed the judgment, concluding that there was sufficient factual evidence to support the jury's finding under the access doctrine.

Worker's CompensationAccess DoctrineCourse of EmploymentEmployer LiabilityPremises InjuryJury VerdictAppellate AffirmationStatutory InterpretationIngress EgressTexas Civil Statute
References
16
Case No. MISSING
Regular Panel Decision

Blair v. Texas Employment Commission

William G. Blair appealed an order requiring him to produce employment and payroll records to the Texas Employment Commission (TEC). Blair claimed the records were privileged under the Fourth, Fifth, and Fourteenth Amendments, fearing self-incrimination, and offered to produce them only if granted immunity. The Attorney General then filed an application in the 72nd District Court of Lubbock County, which ordered Blair to produce the records. The appellate court affirmed the trial court's judgment, applying the "required records" doctrine, which is an exception to the self-incrimination privilege for records mandated by law for governmental regulation, especially concerning public welfare and the collection of taxes for unemployment compensation.

Required Records DoctrineSelf-IncriminationFifth AmendmentFourth AmendmentFourteenth AmendmentEmployment RecordsPayroll RecordsAdministrative SubpoenaGovernmental RegulationPublic Welfare
References
4
Case No. 07-01-0322-CV
Regular Panel Decision
Sep 19, 2002

Texas Worker's Compensation Insurance Fund v. Alisha Byrd, Beneficiary of Melvin R. Byrd, Richard Walters and Pacific Employers Insurance Company

The Texas Workers’ Compensation Insurance Fund appealed a summary judgment that favored Alisha Byrd, Richard Walters, and Pacific Employers Insurance Company. The Fund sought to overturn decisions by the Texas Workers’ Compensation Commission’s Appeals Panel regarding the employment status of Melvin Byrd and Richard Walters at the time of their injuries. The core dispute revolved around whether Elliott Machine Shop or Entergy/Gulf States was the employer under the "borrowed servant" doctrine. The trial court affirmed the Commission’s finding that Elliott was the employer. The Court of Appeals found no inconsistency in the contractual provisions concerning employer control and deemed PEIC’s summary judgment evidence sufficient to negate the "borrowed servant" claim. Consequently, the appellate court affirmed the trial court’s judgment, overruling all of the Fund’s issues.

Borrowed Servant DoctrineSummary Judgment ReviewEmployer Liability DisputeInsurance Coverage ClaimAppeals Panel DecisionsContract InterpretationRight of Control TestEmployee Status DeterminationAppellate AffirmationTexas Civil Procedure
References
7
Case No. MISSING
Regular Panel Decision

Holt v. Preload Technology, Inc.

Arnold Holt, a quadriplegic due to a sixty-foot fall while working for Preload Technology, Inc., sued his employer for gross negligence, challenging the constitutionality of the Workers' Compensation Act which bars such suits. Holt argued for the application of the dual capacity doctrine, claiming the employer acted as both employer and architect-engineer. The trial court dismissed the suit, sustaining exceptions based on the Act's exclusive remedy provisions. The appellate court affirmed the dismissal, rejecting the dual capacity doctrine and finding no violation of constitutional rights, asserting that any exceptions to the Workers' Compensation Act must be created by the legislature, not the courts.

Workers' CompensationDual Capacity DoctrineEmployer ImmunityConstitutional ChallengeGross NegligenceExclusive RemedyDue ProcessOpen Courts ProvisionTexas LawWorkplace Injury
References
14
Case No. MISSING
Regular Panel Decision

Wausau Underwriters Insurance Co. v. Potter

This is a workers' compensation case where the jury found that Kenneth Potter sustained a compensable injury, was totally and permanently incapacitated, and was entitled to maximum weekly benefits. Appellant Wausau denied the injury occurred in the course and scope of employment while travelling. The core issue revolves around the 'coming and going' rule and the 'dual purpose' doctrine for injuries sustained during travel for both employer's business and personal affairs. The appellate court found that the trial court erred in its instruction to the jury on the definition of 'injury in the course of employment,' which effectively precluded consideration of the dual purpose doctrine. Consequently, the judgment was reversed and remanded for a new trial.

Workers' CompensationCompensabilityDisabilityWage RateHardshipCourse of EmploymentDual Purpose DoctrineComing and Going RuleJury InstructionsAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Elena E. Francisco, Inc. v. Texas Employment Commission

Manuel Diaz, a supervisor, was discharged from his employment for allegedly lying about a December 6, 1987 incident involving alleged marihuana use. The Texas Employment Commission (TEC) granted him unemployment compensation benefits, finding no misconduct. The employer appealed this decision, raising two points of error: (1) insufficient evidence to support the TEC's ruling and (2) trial court error in excluding evidence of other misconduct not presented to the Commission. The appellate court affirmed the district court's decision, which had upheld the TEC's ruling, emphasizing that the 'substantial evidence' rule is the correct standard of review for TEC decisions, despite statutory language implying a de novo trial. The court also found no error in the trial court's handling of the additional misconduct evidence.

Unemployment BenefitsEmployment TerminationWorkplace MisconductLyingMarihuana UseSubstantial Evidence ReviewTrial De NovoAppellate ProcedureAdministrative LawTexas Law
References
6
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