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

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. 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. 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

Klumb v. Houston Municipal Employees Pension System

The case involves a dispute over the Houston Municipal Employees Pension System (HMEPS) board's authority to define 'employee' for pension eligibility. Petitioners, former City of Houston employees transferred to a third-party entity (CCSI), sought retirement benefits or cessation of pension contributions, arguing they were no longer City employees. The pension board, however, determined these employees remained 'members' due to the City's effective control over their new employer. The trial court and court of appeals dismissed the suit for lack of subject-matter jurisdiction, citing the statutory preclusion of judicial review for HMEPS decisions. The Supreme Court of Texas affirmed, concluding that the pension board acted within its broad statutory authority and that the petitioners' ultra vires, equal protection, and due course of law claims were invalid as they lacked vested property rights in the pension benefits.

Pension LawStatutory InterpretationJudicial ReviewUltra ViresSovereign ImmunityEqual ProtectionDue Course of LawVested RightsMunicipal EmployeesOutsourcing
References
29
Case No. MISSING
Regular Panel Decision

Nassau Chapter of the Civil Service Employees Ass'n v. County of Nassau

The Nassau Chapter of the Civil Service Employees Association (CSEA) initiated an action against the County of Nassau, seeking a declaratory judgment regarding the proper salary plan for CETA-funded employees who transitioned to county-funded positions after January 1, 1977. CSEA contended that these workers, having commenced service prior to the cut-off date, were 'employees' under existing collective bargaining agreements and should remain on the 'Incremental Graded Salary Plan' (Plan A). The County argued they were 'new employees' after 1976, falling under the 'Non-Incremental Graded Salary Plan' (Plan B). The court reviewed the federal CETA legislation, the collective bargaining agreement, and the County's past conduct towards CETA workers, which consistently treated them as county employees with various benefits. Concluding that CETA workers qualified as 'employees' from their initial service date, the court ruled in favor of CSEA. The decision mandates that these workers be continued under Plan A, citing principles of statutory parity, established case law, and the policy goals of the CETA program for upward mobility.

Collective BargainingSalary PlansCETA ProgramPublic EmploymentEmployee RightsDeclaratory JudgmentCivil Service LawUnion RepresentationStatutory InterpretationGovernment Employees
References
2
Case No. MISSING
Regular Panel Decision

Dove v. Director, State Employees Workers' Compensation Division

Marilyn Dove sued the Director of the State Employees Workers’ Compensation Division for total and permanent disability benefits following an alleged employment injury. Despite a jury finding she was injured, it concluded no disability resulted, awarding only $24 for medical costs. Dove appealed, arguing the Director's counsel repeatedly violated a motion in limine by questioning her about collateral benefits and prior claims of permanent incapacity. The appellate court agreed that the questions were prejudicial and incurable by jury instructions, leading to an improper verdict. Consequently, the court reversed the trial court's judgment and remanded the case for further proceedings.

Workers' CompensationMotion in LimineEvidentiary ErrorCollateral Source RulePrejudicial MisconductMistrialCumulative ErrorAppellate ReviewTexas LawDisability Benefits
References
7
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. MISSING
Regular Panel Decision

Director, State Employees Workers' Compensation Division v. Bass

This is an appeal from a workers' compensation case involving Roland Bass, a state employee, who was injured while working as a game warden for the Texas Parks and Wildlife Department. The jury initially found that Mr. Bass had suffered an on-the-job injury causing total and permanent incapacity and awarded him accrued compensation, interest, a lump sum, and medical expenses. The State appealed, asserting the trial court erred in denying its motion to modify the judgment, arguing that under article 8309g, section 12(a), Mr. Bass was not entitled to weekly workers' compensation payments for the period he utilized sick leave. The appellate court sustained the State's first point of error, concluding that the period during which Mr. Bass utilized sick leave should have been excluded from compensation payments. The court found that an employee electing to use sick leave is not entitled to weekly compensation until that leave is exhausted. The State's second point of error, alleging the trial court erred in refusing a sole cause instruction, was overruled. The cause was reversed in part and remanded to the trial court with instructions to reform the judgment by awarding only those weekly compensation payments after the date the sick leave was exhausted.

Workers' CompensationState EmployeeSick Leave BenefitsAccrued CompensationLump Sum PaymentMedical ExpensesStatutory InterpretationTrial Court ErrorJudgment ModificationRemand
References
2
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. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Public Employment Relations Board

The Civil Service Employees Association (C.S.E.A.) filed an Article 78 application to challenge actions taken by the City of White Plains and the Public Employment Relations Board (P.E.R.B.). C.S.E.A. sought to vacate a resolution where the City recognized a different employee organization (S.I.W.A.) for a portion of its employees, thereby altering C.S.E.A.'s bargaining unit, and to annul a P.E.R.B. order upholding the City's action. The City cross-moved to dismiss the petition, arguing improper venue and that it was not a proper party. The court determined that Albany County was the correct venue and that the City was a proper party. The central issue was whether the City could unilaterally change bargaining unit composition without C.S.E.A.'s consent or a decertification petition. The court ultimately denied C.S.E.A.'s requested relief, agreeing with P.E.R.B. that public employers can recognize different employee organizations once an incumbent's unchallenged representation status period expires, in accordance with Civil Service Law sections 204 and 208.

Public Employment RelationsCollective Bargaining UnitsEmployee Organization RecognitionTaylor LawCivil Service LawArticle 78 CPLRBargaining Unit AlterationDecertification ProceedingsPublic Employer RightsVenue Disputes
References
1
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