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

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
Jan 01, 1995

Campbell v. Texas Employers' Insurance Ass'n

Margaret Campbell, as executrix of her deceased husband Danny Campbell's estate, sued Houston Independent School District and several insurance entities for breach of the duty of good faith and fair dealing, DTPA violations, and Insurance Code violations. Danny Campbell, an HISD employee, ingested formaldehyde from his thermos at work, leading to his death. The defendants denied workers' compensation coverage, claiming it was not an "on-the-job injury" due to a "personal animosity" exception. The trial court granted summary judgment for the defendants on grounds of no breach of duty, statute of limitations, and governmental immunity. The appellate court reversed the summary judgment, finding genuine issues of material fact regarding whether Campbell's injury occurred in the course of employment and whether the denial of payment was reasonable. The court also found the claims were within the statute of limitations and that the defendants were not entitled to governmental immunity. The case was remanded for a trial on the merits.

Workers' CompensationGood Faith and Fair DealingSummary Judgment ReviewAppellate CourtInsurance Bad FaithCourse of EmploymentPersonal Animosity ExceptionStatute of Limitations DefenseGovernmental ImmunityFormaldehyde Poisoning
References
20
Case No. MISSING
Regular Panel Decision
Feb 03, 1984

McIntosh v. International Business Machines Corp.

The case involves an appeal from the Supreme Court, Westchester County, regarding the dismissal of a complaint filed by Filomena McIntosh. McIntosh, an employee at will, sought damages for breach of an employment contract, prima facie tort, and malicious discharge. The appellate court affirmed the dismissal, concurring with the lower court's finding that as an at-will employee, McIntosh failed to demonstrate any limitation on the employer's right to discharge. Additionally, the complaint alleged a violation of Workers’ Compensation Law § 120 for unlawful discharge related to a compensation claim. However, the court clarified that enforcement and determination of such violations, including penalties, fall exclusively under the jurisdiction of the Workers’ Compensation Board, not the court.

Employment ContractAt-Will EmploymentWrongful DischargeWorkers' Compensation LawAppellate ReviewJurisdiction DisputePrima Facie TortMalicious DischargeComplaint DismissalAffirmed Order
References
1
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
May 19, 2011

Kausal v. Educational Products Information Exchange Institute

The plaintiff initiated legal action against the defendant, seeking damages for the breach of an employment contract and a violation of Labor Law article 6. The core of the dispute revolved around an employment agreement where the defendant, through its project manager, sponsored the plaintiff for an H1B work visa, promising a minimum annual salary of $46,500 and tuition benefits. Despite these terms being formalized in visa application documents signed by the defendant's representative, the plaintiff alleged non-payment in accordance with the agreement. Initially, the Supreme Court, Nassau County, dismissed the complaint, ruling in favor of the defendant by misclassifying the plaintiff as an independent contractor. However, the appellate court reversed this judgment, reinstating the complaint and awarding judgment to the plaintiff on the issue of liability, concluding that a valid employment contract existed and the plaintiff was indeed an employee under Labor Law, remitting the case for a trial on damages.

breach of contractemployment contractLabor LawH1B visawage disputewrongful dismissalappellate reviewnonjury trialdamagesliability
References
18
Case No. 01-93-00152-CV
Regular Panel Decision
Jun 22, 1995

Campbell v. TEXAS EMPLOYERS'INS. ASS'N

This case involves a claim of lack of good faith and fair dealing against workers' compensation insurance carriers. Danny Campbell, an employee of the Houston Independent School District, became severely ill and later died after ingesting formaldehyde from his thermos at work. His wife, Margaret Campbell, sued the insurance carriers (Texas Employers' Insurance Association, Employers Casualty Company, and Employers' National Risk Management Services, Inc.) for breach of the duty of good faith and fair dealing, DTPA violations, and Insurance Code violations, after they denied coverage. The trial court granted summary judgment for the carriers, but the Court of Appeals reversed this decision. The appellate court found genuine issues of material fact regarding whether Campbell's injury was sustained in the course of his employment and whether the denial of payment was reasonable, and it rejected the carriers' defenses of statute of limitations and governmental immunity. The cause was remanded for a trial on the merits.

Workers' CompensationBad Faith ClaimUnfair DealingSummary Judgment ReversalCourse of EmploymentPersonal Animosity ExceptionStatute of LimitationsGovernmental ImmunityInsurance Coverage DisputeToxic Ingestion
References
20
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
Case No. MISSING
Regular Panel Decision
Aug 24, 1993

Texas Employers Insurance v. Underwriting Members of Lloyds

The case involves a dispute between a primary insurer, Texas Employers’ Insurance Association (TEIA), and several excess liability insurers (The Underwriting Members of Lloyds, et al.) over the reimbursement of defense costs incurred in an underlying lawsuit. TEIA, Monsanto's primary insurer, defended Monsanto in a toxic tort case, paying its $1 million indemnity limit and $4,057,245 in attorneys’ fees and costs. TEIA sought contribution and indemnity from the excess carriers, alleging they were responsible for defense costs and breached a duty of good faith. The Court granted summary judgment for the Defendants, holding that under Texas law and the unambiguous terms of the insurance policies, excess insurers are not obligated to participate in defense costs until the primary policy limits are exhausted. The Court also found TEIA's purported tender of its policy limits invalid and dismissed its claim for breach of the duty of good faith and fair dealing.

Insurance DisputePrimary vs. Excess InsurerDefense CostsEquitable SubrogationSummary JudgmentPolicy InterpretationTexas LawGood Faith and Fair DealingExhaustion of Policy LimitsIndemnity Claim
References
0
Case No. 04-08-00183-CV
Regular Panel Decision
Jun 24, 2009

Midwest Employers Casualty Company on Behalf of Terry English v. Charles Harpole, Jim Carroll, Alan Kwast, Albert Lopez and Brock Pittman

This appeal examines a negligence claim brought by Midwest Employers Casualty Company, on behalf of injured football coach Terry English, against several referees, including Charles Harpole. English sustained a severe head injury after Harpole collided with him in a designated restricted area during a high school football game. Midwest, the worker's compensation insurer for English's employer, argued the referees had a duty to enforce safety rules and that Harpole failed to exercise reasonable care. The appellate court affirmed the trial court's summary judgment in favor of the referees, ruling that Harpole owed no duty to foresee English's presence in the restricted area, as English was in violation of game rules, and there was no evidence of a breach of duty by the referees.

AppealSummary JudgmentNegligenceDuty of CareForeseeabilitySports LawFootball RefereePersonal InjuryWorker's CompensationTexas Law
References
34
Case No. 05-95-01259-CV
Regular Panel Decision
Feb 26, 1997

Lemke Concrete Construction v. Employers Mutual Casualty Company, Union Mutual Insurance Company of Providence, Emcasco Insurance Company, Patterson, Lamberty, Stanford, Walls & Dwyer, P.C. and John R. Robinson

Lemke Concrete Construction appealed the trial court's summary judgment in favor of Employers Mutual Casualty Company, Union Mutual Insurance Company of Providence, and Emcasco Insurance Company (carriers). Lemke alleged breach of contract, negligence, breach of good faith, and violations of the Texas Deceptive Trade Practices-Consumer Protection Act and Texas Insurance Code, stemming from the carriers' handling of a workers' compensation claim and a subsequent retaliatory discharge suit filed by Lemke's employee, Jesus Gonzalez. The carriers had settled the workers' compensation claim but denied coverage for the wrongful discharge claim, leading Lemke to incur legal fees and a settlement. The trial court granted summary judgment for the carriers, concluding that the policies did not cover wrongful discharge claims and, thus, the carriers owed no duty to defend or settle such claims. The appellate court affirmed the trial court's judgment, upholding that without coverage, Lemke's claims of bad faith and negligence were meritless, and estoppel could not create coverage.

Workers' CompensationSummary JudgmentBreach of ContractGood Faith and Fair DealingInsurance CoverageNegligenceTexas Deceptive Trade Practices-Consumer Protection ActTexas Insurance CodeVicarious LiabilityRetaliatory Discharge
References
31
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