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

Case No. 13-16-00435-CV
Regular Panel Decision
Jul 27, 2018

Primitivo Escobedo, Individually, San Juanita Escobedo, Individually, and Martha Escobedo, Individually and as Representative of the Estate of Fabian Escobedo v. MO-VAC Service Co., Inc.

The Escobedos appealed the trial court’s summary judgment in favor of MO-VAC Service Co., Inc. following the death of Fabian Escobedo in an oil field accident. The Escobedos argued the trial court improperly granted both traditional and no-evidence summary judgments on their wrongful death and survival claims. The Court of Appeals affirmed the summary judgment on the wrongful death claim, noting the Escobedos lacked standing. However, the court reversed and remanded the summary judgment concerning the survival action and damages for conscious pain and suffering, concluding that the Escobedos presented sufficient evidence to raise a factual dispute regarding MO-VAC's intentional conduct and Fabian's conscious suffering.

TexasAppellate CourtSummary JudgmentWrongful DeathSurvival ActionWorkers' CompensationIntentional InjuryConscious Pain and SufferingEmployer LiabilityOil and Gas Industry
References
29
Case No. 18-0852
Regular Panel Decision
Jun 12, 2020

Mo-Vac Service Company, Inc. v. Primitivo Escobedo, Individually, San Juanita Escobedo, Individually, and Martha Escobedo, Individually and as Representative of the Estate of Fabian Escobedo

This case addresses the intentional-injury exception to the exclusive remedy provision of the Texas Workers’ Compensation Act. Fabian Escobedo, an employee of Mo-Vac Service Company, Inc., died in a truck accident, and his estate alleged his death was an intentional injury due to forced overwork and falsified logs. The Supreme Court of Texas clarified the "substantial certainty" test for intentional injury, requiring an employer to believe its actions are substantially certain to result in a particular injury to a particular employee, not merely increase overall risks. The Court found insufficient evidence that Mo-Vac subjectively believed Escobedo's specific accident was substantially certain to occur. Consequently, the Court reversed the judgment of the court of appeals and rendered judgment for Mo-Vac, concluding the claims were barred by the Act’s exclusive-remedy provision.

Intentional Injury ExceptionWorkers' Compensation ActExclusive RemedySubstantial Certainty TestEmployer LiabilityEmployee FatigueWorkplace SafetyTexas Supreme CourtSummary JudgmentTort Law
References
18
Case No. ADJ6877332
Regular
Aug 29, 2014

ELEAZAR ESCOBEDO vs. JOHN O'SHEA dba O'SHEA WELDING, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case, concerning Eleazar Escobedo versus John O'Shea dba O'Shea Welding and State Compensation Insurance Fund, is being dismissed. The dismissal is a direct result of the petitioner voluntarily withdrawing their Petition for Reconsideration. The Board is ordering the dismissal of the reconsideration petition based on this withdrawal.

Petition for ReconsiderationWithdrawn PetitionOrder of DismissalWorkers' Compensation Appeals BoardApplicantDefendantCase NumberOakland District OfficeJuly 18 2014 DecisionAugust 29 2014 Filing
References
0
Case No. 06-01-00127-CV
Regular Panel Decision
Jun 05, 2002

Juan A. Escobedo v. Texas Workers` Compensation Commission

Juan Escobedo appealed the trial court's judgment granting a summary judgment to St. Paul Fire & Marine Insurance Company. Escobedo had filed a pro se original petition seeking to set aside a determination of the Texas Workers' Compensation Commission (TWCC) regarding a five percent impairment rating for his right ankle injury. St. Paul moved for summary judgment, arguing lack of evidence from Escobedo and that the claim was barred by the statute of limitations due to untimely filing and service. The trial court granted St. Paul's motion. The appellate court affirmed, holding that pro se litigants are subject to the same procedural standards as licensed attorneys and must comply with all procedural rules, thus rejecting Escobedo's argument concerning his pro se status and language barrier.

Workers' CompensationSummary JudgmentPro Se LitigantProcedural RulesAppellate ReviewStatute of LimitationsImpairment RatingTexas LawLanguage BarrierEvidence Sufficiency
References
12
Case No. MISSING
Regular Panel Decision

Escobedo v. Dynasty Insulation, Inc.

Plaintiffs, former employees of Dynasty Insulation, Inc., filed a collective action alleging Dynasty failed to pay them overtime wages under the Fair Labor Standards Act (FLSA) for insulation work performed on the Southwest Cheese Project. The Court previously conditionally certified a class of employees for this project. The parties filed cross-motions for partial summary judgment, and Dynasty also moved to strike Plaintiffs' summary judgment evidence. The Court denied Dynasty's motion to strike. Plaintiffs' motion for partial summary judgment on liability and willfulness was denied due to genuine issues of material fact regarding uncompensated overtime and willfulness. Dynasty's cross-motion sought to dismiss Opt-in Plaintiffs' claims as time-barred. The Court granted Dynasty's motion in part, dismissing claims from seven specific Opt-in Plaintiffs whose consents were filed too late and where equitable tolling or estoppel were not warranted. The motion was denied for all other plaintiffs.

FLSAOvertime WagesCollective ActionSummary JudgmentEquitable TollingEquitable EstoppelStatute of LimitationsWillful ViolationEmployment LawWage and Hour
References
51
Case No. 2015-02-0223
Regular Panel Decision
Apr 06, 2016

Ramos, Rubiel v. Eleazar Orona

Rubiel Ramos, a construction laborer, filed for an expedited hearing against Eleazar Orona, a non-insured employer, following a work injury on May 25, 2015. Ramos sustained a right arm fracture after falling from a roof while working on Orona's construction project. Orona initially provided some financial assistance but later denied employment status and refused to cover medical expenses. The Court determined Ramos was an employee of Orona and found Orona liable for all reasonable and necessary medical treatment for Ramos's injury. However, no further temporary disability benefits were awarded as Orona's previous payments exceeded the calculated amount.

Construction InjuryEmployee Status DisputeTemporary DisabilityMedical ExpensesNon-Insured EmployerRight Arm FractureRadial Head FractureExpedited HearingTennessee Workers' Compensation LawUnauthroized Medical Care
References
5
Case No. MISSING
Regular Panel Decision

Escobedo v. Time Warner Entertainment Advance Newhouse Partnership

Plaintiff Mario Escobedo sued Time Warner for age discrimination and worker's compensation retaliation in Texas state court. Time Warner removed the case to federal court, asserting diversity jurisdiction and arguing that the worker's compensation claim could be severed and remanded while the age discrimination claim remained in federal court. Plaintiff moved to remand the entire case, arguing that the worker's compensation claim is non-removable and, under current federal law, diversity claims cannot be severed from non-removable worker's compensation claims under 28 U.S.C. § 1441(c). The court, agreeing with the plaintiff, found that § 1441(c) only applies to federal question claims joined with non-removable claims, not diversity claims. Therefore, the federal court lacked jurisdiction to sever and retain the age discrimination claim, leading to the decision to remand the entire case to state court.

Workers' Compensation RetaliationAge DiscriminationRemoval JurisdictionDiversity JurisdictionFederal Question Jurisdiction28 U.S.C. § 1441(c)28 U.S.C. § 1445(c)Severance of ClaimsRemand to State CourtTexas Labor Code
References
10
Case No. 2024-60-1868
Regular Panel Decision
Nov 01, 2024

RECINOS, KENNEDY v. ELEAZAR MARTINEZ d/b/a EXCELLENCE FRAMING, LLC

Mr. Kennedy Recinos, an employee, requested temporary disability benefits, reimbursement of medical expenses, continuing medical treatment, and eligibility for the Uninsured Employers Fund after sustaining a broken collarbone and ribs from falling off a roof while working for Eleazar Martinez d/b/a Excellence Framing, LLC, an uninsured employer. The Court granted his requests for medical expenses totaling $8,688 and temporary total disability benefits of $6,642.86 for an eight-week and six-day period, finding he is likely to prevail at a final hearing. However, his application for benefits from the Uninsured Employers Fund was denied due to untimely notification to the Bureau of his injury and the employer's lack of insurance coverage, which exceeded the 180-day statutory limit. A status conference for the case is scheduled for January 21, 2025.

Workers' CompensationTemporary Disability BenefitsMedical Expense ReimbursementUninsured EmployerUninsured Employers Fund EligibilityNotice RequirementsExpedited HearingWorkplace InjuryFall from RoofCollarbone Fracture
References
3
Case No. VNO 400907, VNO 400906
Regular
Jan 24, 2008

JORGE ESCOBEDO vs. WESTLAKE INN RESTAURANT & HOTEL, CALIFORNIA INDEMNITY INSURANCE COMPANY, SIERRA INSURANCE GROUP

This Workers' Compensation Appeals Board case involves applicant Jorge Escobedo seeking benefits for injuries presumed compensable under Labor Code section 5402. The Appeals Board affirmed the Administrative Law Judge's (WCJ) decision, finding that the defendant failed to rebut the presumption of injury and that applicant's injuries did not require further medical treatment or result in temporary disability, largely based on the WCJ's adverse credibility finding. A dissenting opinion argued that the WCJ's findings on no treatment or disability improperly abrogated the 5402 presumption and suggested appointing a "regular physician" to resolve conflicting medical opinions.

ReconsiderationRebuttable presumptionCompensabilityLabor Code 5402Medical treatmentTemporary disabilityPermanent disabilityApportionmentAttorney's feesSubstantial evidence
References
4
Case No. 14-04-01022-CV
Regular Panel Decision
Mar 27, 2007

Abel Arguelles, Terrie A. Augustino, Petra Renee Barfield, William a Barfield, Adolph Brown, Desmond Burnett, Dora A. Burnett, Ricky A. Carter v. Kellogg Brown & Root, Inc., Individually and as Successor in Interest to the M.W. Kellogg Company, and Halliburton Company, Individually and as Successor in Interest to the M.W. Kellogg Company

This case originated from a catastrophic chemical complex explosion and fire that resulted in numerous worker injuries. The injured workers and their families (Appellants) sued Kellogg Brown & Root, Inc. and Halliburton Company (Appellees) for negligence, alleging inadequate pressure relief system evaluations provided years before the incident. The trial court issued a take-nothing summary judgment against the workers. On appeal, the court affirmed the summary judgment, finding it was final. The appellate court concluded that Phillips's actions leading up to the explosion constituted a new and independent cause, legally breaking the chain of causation from Kellogg's alleged earlier negligence, or alternatively, that Kellogg's conduct was too remote to be considered a substantial factor in causing the injuries.

Chemical Plant ExplosionButadiene PolymerizationPressure Relief SystemNegligenceProximate CauseSuperseding CauseSummary JudgmentAppellate ReviewIndustrial AccidentSafety Engineering
References
17
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