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

Case No. Claim No. 8, Claim No. 14
Regular Panel Decision

In re Pioneer Carriers, LLC

This case concerns objections filed by Pioneer Carriers, LLC (the Debtor) against two proofs of claim by the Texas Workforce Commission (TWC) for alleged unpaid unemployment taxes under the Texas Unemployment Compensation Act. The central issue revolved around determining whether truck drivers operating the Debtor's trucks were employees or independent contractors. Applying the TWC's 20-factor test, the Court found that a substantial majority (14 out of 19 applicable factors) indicated independent contractor status. Consequently, the Court sustained the Debtor's objections, ruling that the truck drivers were independent contractors and thus disallowing the TWC's claims in their entirety. However, the Court noted that a portion of the 2014 claims related to initially hired employees would be subject to further determination.

Independent ContractorEmployee StatusUnemployment CompensationTexas Workforce Commission (TWC)Bankruptcy LawTexas Labor Code20-Factor TestControl TestDebtorClaims Objection
References
45
Case No. Proof of Claim No. 149
Regular Panel Decision

In re DeWitt Rehabilitation & Nursing Center, Inc.

The Debtor, DeWitt Rehabilitation and Nursing Center, Inc., moved to expunge the priority portion of a claim filed by United Staffing Registry, Inc. The Claimant sought priority status for social security, Medicare, and unemployment payments made for temporary employees it provided, citing 11 U.S.C. § 507(a)(5). Bankruptcy Judge Allan L. Gropper analyzed the application of § 507(a)(5) in light of case precedents, including Howard Delivery Service, Inc. The Court determined that the priority under § 507(a)(5) is intended to protect contributions for a debtor's direct employees, and the temporary employees were not employees of DeWitt. Consequently, the Debtor's objection was sustained, disallowing the priority and reclassifying the entire claim as a general unsecured claim, while also denying the Debtor's request for legal fees.

Bankruptcy LawPriority ClaimsEmployee Benefit Plans11 U.S.C. § 507(a)(5)Temporary EmployeesUnsecured ClaimsIndemnificationLegal FeesClaim ExpungementStatutory Interpretation
References
9
Case No. MISSING
Regular Panel Decision

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. MISSING
Regular Panel Decision

Texas West Oaks Hospital, LP v. Williams

The dissenting opinion argues against classifying an employee's claims against their employer for an unsafe workplace and inadequate training as "health care liability claims" under the Medical Liability Act. Justice LEHRMANN, joined by Justice MEDINA and Justice WILLETT, contends that this interpretation contradicts the Act's plain language, legislative intent, and common sense, as it typically requires a patient-physician relationship. The dissent highlights how this interpretation undermines the Workers Compensation Act by burdening employees of nonsubscribing healthcare providers and disrupts the Legislature's aim to reduce medical malpractice suits. The opinion points out inconsistencies with statutory provisions regarding notice, expert reports, and jury instructions, and argues that the broadened definition of "safety" could lead to absurd results, expanding health care liability beyond its intended scope.

Medical Liability ActHealth Care Liability ClaimsWorkers Compensation ActEmployer NegligenceUnsafe WorkplaceInadequate TrainingPhysician-Patient RelationshipStatutory InterpretationLegislative IntentExpert Reports
References
10
Case No. MISSING
Regular Panel Decision

City of Houston, Annise D. Parker, Kelly Dowe, Ronald C.Green, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Richard Nguyen, Oliver Pennington, Ed Gonzalez, Robert Gallegos, Mike Laster, Larry Green, Stephen Costello v. Houston Municipal Employee Pension System

Houston Municipal Employees Pension System (HMEPS) sued the City of Houston and its officials, seeking writs of mandamus to compel compliance with Article 6243h regarding employee information and pension funding, and with the Texas Public Information Act (TPIA). The trial court denied the City appellants’ plea to the jurisdiction, leading to this appeal. The appellate court reversed and rendered judgment on HMEPS's mandamus claims against the City related to Article 6243h non-compliance. It also reversed and remanded claims against City officials for pension funding failures, instructing HMEPS to properly plead ultra vires claims. The court affirmed the denial of the plea for claims against City officials regarding Article 6243h information disclosure and for TPIA claims against the City. However, TPIA claims against individual defendants (other than the City or its public-information officer) were dismissed. The court upheld HMEPS's standing to bring the suit.

Governmental ImmunityUltra Vires DoctrineMandamus ReliefPension SystemsPublic Information ActMinisterial DutyPlea to the JurisdictionContractual ObligationsStatutory InterpretationSovereign Immunity
References
0
Case No. NO. 13-0515
Regular Panel Decision
Mar 20, 2015

John Klumb, Veronica McClelland, Vivian Montejano, John Gonzalez, Anita Robles, and Charmaine Pilgrim, on Behalf of Themselves and All Others Similarly Situated, and the City of Houston v. Houston Municipal Employees Pension System, Barbara Chelette, David L. Long, Lenard Polk, Roy Sanchez, and Lonnie Vara

This case concerns a dispute over the Houston Municipal Employees Pension System (HMEPS) and whether its board members violated the enabling statute by requiring petitioners' continued participation in the City of Houston's defined-benefit pension plan. The City attempted to remove a division of employees from the pension system by forming quasi-governmental entities. The pension board, however, determined these employees remained under the City's control and payroll, thus falling under the "employee" definition for HMEPS membership. Petitioners, including individual employees and the City of Houston, asserted ultra vires and constitutional claims, arguing the board unlawfully redefined "employee" and denied vested rights. The Supreme Court of Texas affirmed the lower court's judgment, finding the trial court lacked subject-matter jurisdiction because the pension board acted within its broad statutory authority in construing the term "employee" and the petitioners' constitutional claims were facially invalid as they lacked vested property rights in pension benefits or contributions.

Pension SystemEmployee DefinitionUltra ViresJudicial ReviewSovereign ImmunityTexas ConstitutionEqual ProtectionDue Course of LawVested RightsMunicipal Employees
References
30
Case No. 535748, 533778, 536208, CV-22-2049
Regular Panel Decision
Dec 07, 2023

In the Matter of the Claim of Anthony Puccio

Claimant Anthony Puccio, a masonry worker, sustained a paraplegic injury after falling from a roof in September 2019. He filed a workers' compensation claim against Absolute Chimney & Home Improvement, LLC, which was initially accepted by the State Insurance Fund (SIF) with liability. SIF later controverted the claim, alleging Puccio was a partner, not an employee, and thus excluded from coverage. The Workers' Compensation Law Judge (WCLJ) and the Workers' Compensation Board disallowed the claim, finding insufficient evidence of an employer-employee relationship and concluding Puccio was a profit-sharing partner/owner. The Appellate Division, Third Judicial Department, affirmed the Board's decisions, finding substantial evidence to support the Board's determination regarding Puccio's status and upholding the denial of claimant's applications for reconsideration and rehearing, despite SIF's non-compliance with a procedural deadline.

employer-employee relationshipworkers' compensation benefitsprofit-sharing agreementpartnership statusinsurance coverage disputeState Insurance FundBoard discretionsubstantial evidenceadministrative reviewrehearing application
References
8
Case No. 05-21-00466-CV
Regular Panel Decision
May 11, 2022

NCH Corporation and RPG Innovations, LLC v. ESI/Employee Solutions, LP

This case involves an appeal regarding the enforceability of an indemnity agreement between NCH Corporation and RPG Innovations, LLC (appellants) and ESI/Employee Solutions, LP and Employee Solutions Arlington, LLC (appellees). The dispute arose after an employee, Timothy Price, assigned by ES Arlington to RPG, suffered severe injuries while operating a forklift without proper certification. Price sued ES Arlington for negligence. Appellees sought indemnification from appellants based on their staffing agreement. The trial court granted appellees' motion for summary judgment, ordering appellants to indemnify them. However, the appellate court reversed, finding that the indemnity provision did not meet the express negligence test because appellees were seeking indemnification for their own alleged negligence. The court rendered judgment for appellants regarding attorney's fees and costs incurred in Price's lawsuit and remanded the remaining indemnification claims to the trial court.

Indemnity AgreementExpress Negligence TestSummary JudgmentWorkers' Compensation PolicyForklift AccidentStaffing AgreementNegligence ClaimsAttorney's FeesContractual IndemnificationAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Gavigan v. State

Claimant, an employee of Horizon Roofing & Sheet Metal, Inc., sustained serious personal injuries in April 1989 while working on a State-owned property. He sought permission to file a late notice of claim against the State, alleging violations of Labor Law §§ 200, 240, and 241 due to an improperly constructed and maintained rampway. The Court of Claims initially denied two motions but subsequently granted a third, finding sufficient factors under Court of Claims Act § 10 (6) to support its decision, including the merit of the claim and timely notice to a State employee. The State appealed this decision, arguing an abuse of discretion. The appellate court affirmed the Court of Claims' order, concluding that the lower court did not abuse its broad discretion.

Late Notice of ClaimState LiabilityOwner LiabilityConstruction AccidentPersonal InjuryCourt of Claims ActLabor Law ViolationsRampway SafetyEmployee InjuryAppellate Review
References
7
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