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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

Blair v. Texas Employment Commission

William G. Blair appealed an order requiring him to produce employment and payroll records to the Texas Employment Commission (TEC). Blair claimed the records were privileged under the Fourth, Fifth, and Fourteenth Amendments, fearing self-incrimination, and offered to produce them only if granted immunity. The Attorney General then filed an application in the 72nd District Court of Lubbock County, which ordered Blair to produce the records. The appellate court affirmed the trial court's judgment, applying the "required records" doctrine, which is an exception to the self-incrimination privilege for records mandated by law for governmental regulation, especially concerning public welfare and the collection of taxes for unemployment compensation.

Required Records DoctrineSelf-IncriminationFifth AmendmentFourth AmendmentFourteenth AmendmentEmployment RecordsPayroll RecordsAdministrative SubpoenaGovernmental RegulationPublic Welfare
References
4
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. 12-19-00032-CV
Regular Panel Decision
Jun 28, 2019

City of Dallas, a Self-Insured Employer, Appellant/Cross-Appellee v. Gregory D. Thompson, Appellee/Cross-Appellant

This is an interlocutory appeal from a trial court’s ruling on a plea to the jurisdiction in a suit for judicial review of a Texas Department of Insurance, Division of Workers’ Compensation (DWC) decision. The City of Dallas, a self-insured employer, challenged counterclaims filed by Gregory D. Thompson, a former employee who claimed workers’ compensation benefits. Dallas asserted the trial court lacked jurisdiction over Thompson’s counterclaims due to untimely filing. Thompson cross-appealed the dismissal of his counterclaim for attorney’s fees based on governmental immunity. The Court of Appeals affirmed the trial court's decision, ruling that the forty-five-day deadline for judicial review is not jurisdictional and upholding governmental immunity for the City of Dallas regarding attorney's fees.

Workers' Compensation BenefitsJudicial Review of Administrative DecisionsPlea to JurisdictionTimeliness of FilingsGovernmental Immunity DoctrineAttorney's Fees ClaimInterlocutory Appeal TexasLabor Code ViolationsSelf-Insured EntitiesAppellate Court Rulings
References
11
Case No. MISSING
Regular Panel Decision

Illinois Employers Insurance Co. of Wausau v. Lewis

This appellate case addresses a default judgment entered against defendants, Illinois Employers Insurance Company of Wausau and Employers Mutual Liability Insurance Company of Wisconsin, in a worker's compensation suit. The trial court struck the defendants' pleadings for failing to answer interrogatories and denied their request for a jury trial on damages. The appellate court ruled that the trial court abused its discretion by imposing such harsh sanctions without a prior order compelling discovery. It also found error in denying the jury trial on unliquidated damages. Consequently, the judgment was reversed, and the cause was remanded for further proceedings.

Worker's CompensationDefault JudgmentDiscovery SanctionsInterrogatoriesTexas Civil ProcedureAbuse of DiscretionRight to Jury TrialDamagesAppellate ReviewRemand
References
14
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Lee

This worker's compensation case concerns Franklin N. Lee, a carpenter employed by Sabine Consolidated, Inc., who sustained severe injuries on June 28, 1975. The injury occurred after his work shift, within his employer's designated parking area on the construction site, while he was attempting to clear a path for his car by moving a company compressor. The defendant, Texas Employers’ Insurance Association, appealed a jury verdict that found Lee's injury occurred in the course of his employment, challenging the application of the 'access doctrine.' The 'access doctrine' posits that employment includes a reasonable margin of time and space for an employee to pass to and from work, extending to injuries sustained on premises owned or controlled by the employer or closely related thereto. The appellate court affirmed the judgment, concluding that there was sufficient factual evidence to support the jury's finding under the access doctrine.

Worker's CompensationAccess DoctrineCourse of EmploymentEmployer LiabilityPremises InjuryJury VerdictAppellate AffirmationStatutory InterpretationIngress EgressTexas Civil Statute
References
16
Case No. MISSING
Regular Panel Decision

Employers Casualty Co. v. Dyess

This case addresses the subrogation rights of a workers' compensation carrier (Employers Casualty Co.) in relation to the employer's uninsured motorist coverage provided by Northbrook Property and Casualty Co. Carl L. Dyess, Jr., an employee, received workers' compensation benefits from Employers after being struck by an uninsured driver, Felipe Mendoza, during his employment. Dyess then sought recovery under his employer's uninsured motorist policy with Northbrook. Employers intervened, asserting statutory, contractual, and equitable subrogation rights for the benefits paid. The trial court granted summary judgment against Employers, ruling its subrogation rights did not extend to uninsured motorist coverage. The appellate court reversed, holding that statutory subrogation rights are not limited to third-party tortfeasors and that policy clauses attempting to abrogate these statutory rights are invalid. The case was remanded for further proceedings consistent with the opinion, emphasizing the carrier's right to reimbursement to prevent double recovery by the employee.

Workers' CompensationSubrogation RightsUninsured Motorist CoverageSummary JudgmentStatutory InterpretationContractual LiabilityEquitable SubrogationInsurance LawTexas LawThird-Party Tortfeasor
References
38
Case No. No. 10-04-00314-CV
Regular Panel Decision
Oct 19, 2005

Pacific Employers Insurance Company v. William Ira Mathison

William Ira Mathison was injured in a motor vehicle accident and sought judicial review after the Texas Workers’ Compensation Commission Appeals Panel found he was not in the course and scope of his employment. A jury determined that Mathison was in the course and scope of his employment, a finding appealed by Pacific Employers Insurance Company. The appeal argued that the evidence supporting the jury's finding was legally and factually insufficient. The court, however, noted Mathison’s supervisor considered the trip to repair a work laptop to be in furtherance of the employer’s business. The court found that Mathison was impliedly directed by his employer, thus acting within the course and scope of his employment at the time of the accident. Consequently, the court affirmed the lower court's judgment.

Worker's CompensationCourse of EmploymentMotor Vehicle AccidentJudicial ReviewAppellate ReviewFactual SufficiencyLegal SufficiencyTexas Labor CodeSpecial Mission ExceptionEmployer Liability
References
11
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