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

Case No. 03-97-00567-CV
Regular Panel Decision
Jul 30, 1998

Memorial Medical Center of East Texas v. James A. Howard, Special Deputy Receiver of Texas Employers' Insurance Association and Texas Property and Casualty Insurance Guaranty Association

Memorial Medical Center of East Texas appealed a summary judgment granted in favor of James A. Howard, Special Deputy Receiver of Texas Employers' Insurance Association, and Texas Property and Casualty Insurance Guaranty Association. Memorial sought a declaration that the appellees were obligated to reimburse defense costs incurred in a separate suit brought by its employees. The trial court granted the appellees' motions for summary judgment without specifying the grounds. The appellate court affirmed the trial court's judgment, holding that both the Receiver and the Association were statutorily precluded from defending Memorial or reimbursing its defense costs under relevant provisions of the Texas Insurance Code.

Summary judgmentInsurance CodeDuty to defendReimbursementImpaired insurerReceivershipGuaranty AssociationAppellate reviewStatutory interpretationWorkers' compensation insurance
References
11
Case No. 03-96-00013-CV
Regular Panel Decision
Feb 06, 1997

Concepcion Perez v. Texas Employers' Insurance Association, in Receivership Texas Property and Casualty Insurance Guaranty Association And Second Injury Fund

Concepcion Perez appealed the district court's dismissal of her workers' compensation case for want of prosecution and the denial of her motion to reinstate. Perez argued that the district court abused its discretion in its decision. The appellate court examined the case's extensive seven-year history, noting periods of inactivity, particularly after its transfer to Travis County. Despite the receivership of Texas Employers' Insurance Association causing some delay, Perez failed to demonstrate reasonable diligence in prosecuting her claim. The court found no abuse of discretion by the district court and, therefore, affirmed the dismissal and the denial of the motion to reinstate.

Workers' CompensationDismissal for Want of ProsecutionAbuse of DiscretionDue DiligenceReinstatement MotionAppellate ReviewTexas LawTravis CountyInsurance ReceivershipCase History
References
6
Case No. 03-98-00053-CV
Regular Panel Decision
Jun 15, 2000

Alvis Kent Waldrep, Jr. v. Texas Employers Insurance Association, in Receivership And Texas Property and Casualty Insurance Guaranty Association

Alvis Kent Waldrep, Jr. was awarded workers' compensation benefits by the Texas Workers' Compensation Commission for an injury sustained while playing football for Texas Christian University (TCU). The Texas Employers Insurance Association (TEIA) appealed this award to the district court, where a jury found Waldrep was not a TCU employee. The district court affirmed this finding, leading Waldrep to appeal to the Texas Court of Appeals, Third District. The appellate court considered whether Waldrep was an employee as a matter of law for workers' compensation purposes and reviewed the district court's evidentiary rulings. The Court of Appeals ultimately affirmed the district court's judgment, concluding there was sufficient evidence to support the jury's finding that Waldrep was not an employee of TCU under a contract of hire or subject to TCU's right to direct the means or details of his work.

Workers' CompensationCollege AthleticsStudent-AthleteEmployment StatusContract of HireRight to ControlNCAA RulesTexas Christian UniversityFootball InjuryLegal Sufficiency
References
41
Case No. 3-93-672-CV
Regular Panel Decision
Oct 12, 1994

Employers Casualty Company Focus Healthcare Management, Inc. Genesys Cost Management Systems, Inc. Corporate Systems, Ltd. Employers National Risk Management Services, Inc. And Havis Wayne Dortch v. Texas Association of School Boards Workers' Compensation Self Insurance Fund El Paso I.S.D. Irving I.S.D. Hico I.S.D. And Aransas Pass I.S.D.

This is an interlocutory appeal from a district court order granting class certification. The Texas Association of School Boards Workers' Compensation Self-Insurance Fund and several independent school districts (appellees) sued Employers Casualty Company and other entities (appellants) alleging misrepresentation and breach-of-contract related to workers' compensation benefits and medical cost containment services. Appellants raised seven points of error regarding standing, the certification hearing, and the requirements of Texas Rule of Civil Procedure 42. The Court of Appeals affirmed the district court's order, finding that the Fund had standing, the class certification hearing was proper, and the class satisfied the prerequisites and maintenance criteria of Rule 42, particularly under Rule 42(b)(4) for predominance and superiority of common issues.

Class ActionClass CertificationInterlocutory AppealStandingNumerosityCommonalityTypicalityRepresentativenessRule 42Predominance
References
22
Case No. MISSING
Regular Panel Decision

Ernest Claridy v. Texas Employers' Insurance Association

Ernest Claridy sought worker's compensation benefits from Texas Employers’ Insurance Association (TEIA) for a back injury sustained on April 8, 1987, during his employment with Flowers Construction Company. TEIA argued that a subsequent neck injury from July 16, 1987, substantially contributed to Claridy's incapacity. A jury found the April 1987 injury caused total but temporary incapacity, ending April 12, 1995, and determined the July 1987 neck injury contributed 65% to the total incapacity. The trial court's judgment reflected this reduction in benefits. Claridy appealed, contending Section 12c of Article 8306 applies only to prior injuries reducing liability for subsequent ones. The appellate court, citing precedent, ruled that the statute's principle extends to subsequent injuries to prevent double recovery and reduce the carrier's liability to the extent of the actually insured injury. Medical testimony from Dr. Slade, Dr. Campbell, and Dr. Etheridge provided varying assessments of the neck injury's contribution, with percentages ranging from over fifty percent to one hundred percent. The jury's 65% finding was deemed within the evidence's range. Consequently, the judgment was affirmed.

Subsequent Injury ContributionPrior Injury ContributionIncapacity AssessmentInsurance Liability ReductionJury Verdict ReviewMedical Expert EvidenceBack InjuryNeck InjuryStatutory InterpretationTexas Civil Statutes
References
5
Case No. MISSING
Regular Panel Decision
Nov 22, 1939

Texas Employers Insurance v. Sparrow

Allen Sparrow, a longshoreman and employee of Southern Stevedoring & Contracting Company, was fatally stabbed by a fellow longshoreman on the city docks of Beaumont. This incident occurred near a public telephone provided by the Beaumont Maritime Association, which also housed longshoremen during a strike, but was not directly affiliated with Sparrow's employer. Sparrow's beneficiaries filed a compensation claim against Texas Employers Insurance Association. Initially, the trial court and Court of Civil Appeals ruled in favor of the beneficiaries. However, the Commission of Appeals reversed this decision, concluding that Sparrow's death did not occur within the course of his employment, as neither the lodging nor the telephone was furnished by his employer, nor was he required to remain on the docks.

Longshoreman InjuryOff-Duty ConductEmployment NexusCompensation ClaimAppellate ReversalTexas Supreme CourtMaritime LaborWorkplace EnvironmentIndependent Contractor DefenseCausation in Compensation
References
8
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Armstrong

Plaintiff James W. Armstrong sued Texas Employers’ Insurance Association for worker’s compensation benefits following a ruptured disc injury sustained in 1973 while working for Neuhoff Brothers Packing Company. Despite returning to work for several years after the injury, the jury found in favor of Armstrong, awarding him total and permanent disability benefits plus past medical expenses. The Association appealed, arguing that Armstrong could not be considered totally and permanently disabled while employed and earning wages, and that the jury's findings were against the clear weight of the evidence. The appellate court affirmed the trial court's judgment, holding that continued employment does not conclusively negate total disability and that there was sufficient evidence to support the jury's verdict. The court also ruled that awarded benefits are not reduced by wages earned post-injury and denied Armstrong's cross-point for damages for a frivolous appeal.

Worker's Compensation LawTotal Permanent DisabilityMedical ExpensesJury VerdictAppellate ReviewSufficiency of EvidenceContinued EmploymentWage ReductionHerniated DiscAccidental Injury
References
4
Case No. 03-99-00293-CV
Regular Panel Decision
Feb 10, 2000

Texas Property and Casualty Insurance Guaranty Association v. Jack M. Webb, as Special Deputy Receiver of Employers Casualty Co. Jack M. Webb, as Special Deputy Receiver of Employers National Insurance Co.

This case involves an appeal from a summary judgment concerning the claims priority scheme within the Texas Insurance Code's liquidation statute. The appellant, Texas Property and Casualty Insurance Guaranty Association (TPCIGA), challenged the classification of its claims for defense costs incurred in defending liability and workers' compensation claims under policies of insolvent insurers. TPCIGA argued these costs should receive Class 1 priority as claims-handling expenses, while appellees contended they were Class 2 payments of policyholder claims. The court concluded that, prior to a 1995 amendment to the statute, such defense costs were properly classified as Class 2 claims. Therefore, the district court's judgment classifying them as Class 2 was affirmed.

Insurance LawClaims PriorityLiquidation StatuteTexas Insurance CodeGuaranty ActPolicyholder ClaimsDefense CostsStatutory InterpretationSummary JudgmentReceivership
References
22
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Goforth

Oscar B. Goforth, a roughneck, filed a workmen’s compensation suit against Texas Employers’ Insurance Association after sustaining a disabling back injury on November 18, 1955, while employed by the Hunter estate. A jury found he suffered ten weeks of total disability and 55% permanent partial disability. The trial court awarded Goforth 300 weeks of partial incapacity at $25 a week. Texas Employers’ Insurance Association appealed, arguing insufficient evidence for partial incapacity due to Goforth earning higher wages as a driller post-injury, and also raised points about jury instructions and attorney arguments. The appellate court affirmed the trial court’s judgment, stating that compensation is for diminution of earning capacity, not solely loss of earnings, and that ample evidence supported the jury’s finding of 55% partial disability. The court specifically overruled objections regarding the submission of special issue number fourteen, the consideration of Billy Joe Lewis's work history, and the various arguments made by Goforth's attorney concerning witness absence, doctor bias, and the finality of the case. They concluded that no reversible error was found, thus upholding the lower court's decision.

Workers' CompensationPermanent Partial DisabilityDiminution of Earning CapacityJury FindingsAttorney MisconductMedical Examiner BiasTrial Court AffirmationAppealBack InjuryOil Field Employment
References
17
Case No. MISSING
Regular Panel Decision

Griffin v. Texas Employers' Insurance Association

Plaintiff Edd Griffin sued Texas Employers’ Insurance Association to recover workmen's compensation for the total loss of use of his right eye following a workplace incident. The trial court granted an instructed verdict for the defendant, finding no evidence that the injury was the producing cause of the eye loss, particularly due to the absence of expert medical testimony. The Court of Civil Appeals affirmed this decision. The Supreme Court also affirmed, concluding that even if expert testimony was not required, Griffin failed to discharge his burden to prove by lay testimony that the injury in reasonable probability caused the loss of use of his eye, as the evidence presented was deemed speculative.

Workers' CompensationEye InjuryCausationExpert Medical TestimonyLay TestimonyBurden of ProofInstructed VerdictTexas Supreme CourtAppellate ReviewReasonable Medical Probability
References
10
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