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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

Claim of Fisher v. KJ Transportation

Claimant, a tractor-trailer driver for KJ Transportation (KJT), sustained a work-related back injury. KJT, facing bankruptcy, entered into an agreement with Omne Staffing, Inc. to provide workers' compensation insurance, purportedly making KJT's employees those of Omne. The Workers’ Compensation Board ruled that an employer-employee relationship still existed between the claimant and KJT, prompting KJT's appeal. The appellate court affirmed the Board's decision, finding substantial evidence that KJT maintained control over the claimant's work, provided equipment, and was listed as the payor, thus establishing the employer-employee relationship despite the agreement with Omne.

Employer-employee relationshipWorkers' Compensation InsuranceBankruptcy implicationsStaffing agreementAppellate affirmationControl test for employmentWork-related back injuryThird-party liabilityCorporate restructuringLegal precedent
References
2
Case No. 03-10-00023-CV
Regular Panel Decision
Aug 19, 2011

the Texas Department of Transportation, and Amadeo Saenz, Jr., in His Official Capacity as Director of Texas Department of Transportation v. Sunset Transportation, Inc. MEL Transport, Inc. D/B/A Magnum Transportation And Sunset Prosper, Inc.

The Texas Department of Transportation (TxDOT) and its executive director appealed a district court order denying their plea to the jurisdiction regarding claims by Sunset Transportation, Inc., MEL Transport, Inc. d/b/a Magnum Transportation, Inc., and Sunset Prosper, Inc. Appellants contended that the claims, brought under the Uniform Declaratory Judgments Act (UDJA) and Administrative Procedure Act (APA), were barred by sovereign immunity. The court found Appellees' APA claims lacked sufficient factual pleading but allowed an opportunity to amend. However, the district court's denial of the plea concerning UDJA claims was affirmed, as some allegations invoked the ultra vires exception to sovereign immunity. The appellate court affirmed the district court's order denying the plea to the jurisdiction.

Sovereign ImmunityDeclaratory JudgmentAdministrative LawMotor Carrier RegulationFederal PreemptionState Agency AuthorityTransportation LawJurisdictionStatutory ConstructionRegulatory Challenge
References
20
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Beach

Jesse P. Beach was killed in an automobile accident while returning home from work, transporting three other members of his drilling crew. His wife and son sought workmen’s compensation from Texas Employers’ Insurance Association. A jury rendered judgment for Beach’s wife and son, but the insurance carrier appealed. The core legal question was whether Beach’s fatal injuries were sustained in the course of his employment, particularly concerning the use of his personal vehicle for transport and the employer's compensation practices. The appellate court found that Beach's employment contract explicitly excluded payment for transportation time and the use of his vehicle, overturning the jury's verdict and ruling that he was not in the course of his employment.

Workers' CompensationCourse of EmploymentAutomobile AccidentTravel TimeEmployment ContractCustom and UsageAppellate ReviewTexas LawInsurance ClaimDrilling Company
References
13
Case No. MISSING
Regular Panel Decision
Jan 21, 1948

Texas Employers' Insurance v. Inge

This case involves a claim for workmen's compensation by the widow and children of T. G. Inge, a "roughneck" who died in an automobile accident. Inge was employed by P. W. Appleby, a drilling contractor, and was paid a mileage fee to transport himself and his fellow workers to and from a remote drilling site in Pecos County, Texas. The central legal question was whether Inge was acting in the course of his employment or as an independent contractor at the time of his fatal accident. Both the district court and the Court of Civil Appeals ruled in favor of the plaintiffs. This court affirmed the judgment, holding that the transportation arrangement was an essential and integral part of Inge's employment contract, thereby placing him within the course of his employment under the Workmen's Compensation Law, and rejecting the argument that he was an independent contractor for the transportation service.

Workmen's CompensationCourse of EmploymentIndependent ContractorTransportation AgreementFatal AccidentDrilling CrewMileage ReimbursementTexas LawAppellate ReviewStatutory Interpretation
References
23
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
Feb 28, 2013

Noboa v. International Shoppes, Inc.

Claimant, a sales associate, was injured while being transported home by her employer in a merchandise van during a snowstorm after her shift was unexpectedly terminated. Public transportation was suspended due to the severe weather. Initially, a Workers’ Compensation Law Judge disallowed her claim, but the Workers’ Compensation Board reversed this decision and awarded benefits. The Appellate Division affirmed the Board's determination, concluding that the injury arose out of and in the course of employment because the employer assumed responsibility for employee transportation and maintained exclusive control over the conveyance, establishing a clear nexus between the accident and employment. The court referenced several precedents supporting this exception to the general 'going and coming' rule.

Workers' CompensationSnowstorm InjuryEmployer Provided TransportationScope of EmploymentAccident During CommuteAppellate AffirmationBoard DecisionEmployee SafetyNexus to EmploymentCompensable Injury
References
7
Case No. 01-17-00689-CV
Regular Panel Decision
Aug 15, 2019

Diane Perez and Ricky Perez v. Greater Houston Transportation Company D/B/A and or A/K/A Yellow Cab Company and/or Yellow Cab, and Delwende Nikiema

Diane and Ricky Perez sued Greater Houston Transportation Company (GHTC) and Delwende Nikiema for negligence after Diane was injured in a collision with a GHTC cab driven by Nikiema. The trial court granted a no-evidence summary judgment for GHTC, concluding Nikiema was an independent contractor, leading the Perezes to appeal. The appellate court analyzed whether GHTC exerted sufficient control over Nikiema to establish an employer-employee relationship under respondeat superior, despite a contract stating he was an independent contractor. Considering evidence of GHTC's training, fare penalties, and provision of dispatch and GPS routing, the court found the Perezes raised a genuine issue of material fact regarding Nikiema's employment status and scope of employment. Consequently, the appellate court reversed the summary judgment against GHTC and remanded the case for further proceedings.

TexasCourt of AppealsSummary JudgmentRespondeat SuperiorIndependent ContractorNegligenceVicarious LiabilityRight of ControlEmployer-Employee RelationshipTaxicab
References
21
Case No. MISSING
Regular Panel Decision
Oct 24, 2013

Arena v. Delux Transportation Services, Inc.

Plaintiff Joseph Arena sued Delux Transportation Services, Inc. and related entities, claiming violations of the Fair Labor Standards Act (FLSA), New York State Labor Law (NYLL), New York Code of Rules and Regulations (NYCRR), and wrongful conversion. Arena argued he was an employee entitled to labor law protections, while defendants asserted he was an independent contractor. The Court applied the "economic reality test" under both FLSA and New York law, considering factors like control over work, opportunity for profit/loss, skill, permanence of relationship, and integral nature of the work. The Court found that Arena drove at his convenience, set his own schedule, retained all fares, and was not significantly controlled or supervised by the defendants. Consequently, the Court determined there was no employer-employee relationship under either FLSA or New York law, granting summary judgment to the defendants and dismissing all claims.

Fair Labor Standards ActNew York Labor LawSummary JudgmentEmployer-Employee RelationshipIndependent ContractorEconomic Reality TestTaxicab DriverWage ClaimsOvertime PayMinimum Wage
References
32
Case No. MISSING
Regular Panel Decision

Turner v. Niagara Frontier Transportation Authority

Plaintiff Emmett L. Turner was severely injured after an accident on the vessel "Samuel Wilkeson," where he tripped and fell through an open hatch, resulting in quadriplegia. He sued his employer, Niagara Frontier Transportation Authority (NFTA), and the vessel owner, City of Buffalo, alleging negligence and unseaworthiness. The City moved for summary judgment, arguing it was not Turner's employer and had relinquished control of the vessel through a charter. The court denied the City's motion, finding genuine issues of material fact regarding its potential liability for both negligence and unseaworthiness, especially concerning defects present prior to the charter agreement. Additionally, the NFTA's motion to amend its answer to include a defense of waiver of federal remedies due to the plaintiff's acceptance of state workers' compensation was also denied, as there was no evidence of an unqualified waiver.

Maritime LawUnseaworthinessNegligenceJones ActSummary JudgmentWorkers' CompensationVessel CharterOwner LiabilityFederal Rules of Civil ProcedurePersonal Injury
References
41
Case No. MISSING
Regular Panel Decision

Henshaw v. Texas Employers' Insurance Ass'n

This is an appeal in a workman's compensation case. Leon H. Henshaw, an employee of Great Western Drilling Company, sought compensation benefits from Texas Employers’ Insurance Association for injuries sustained in an automobile accident while commuting home from work. The trial court instructed a verdict for the appellee, finding that Henshaw was not within the scope of his employment at the time of the accident. Henshaw contended that transporting a water can made his trip a 'substantial mission' for his employer. The appellate court affirmed the lower court's decision, ruling that the water can transport was merely incidental to his commute and did not place him within the scope of employment at the time of injury.

Workman's CompensationScope of EmploymentCommute RuleGoing and Coming RuleAutomobile AccidentPersonal MissionSubstantial MissionOil Field WorkerEmployer ResponsibilityIncidental Duties
References
9
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