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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

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. 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

Texas Employers' Insurance Ass'n v. Hammond

This case concerns a worker's compensation claim filed by Nowlin Hammond against Texas Employers’ Insurance Association for an injury sustained in December 1951. The trial court awarded Hammond compensation for a 25% permanent partial incapacity of his left arm. On appeal, the Texas Employers’ Insurance Association challenged the sufficiency of the evidence regarding Hammond's average weekly wage rate. The appellate court found that Hammond failed to establish his average weekly wage rate according to the requirements of Article 8309, Section 1, which necessitates proving either that the claimant or a comparable worker worked substantially the whole year prior to the injury. Since the evidence showed Hammond worked only 260 days, less than the required 300 days for "substantially the whole of the year," and failed to adequately prove an alternative wage computation method, the appellate court reversed the trial court's judgment and remanded the case.

Workers' CompensationWage CalculationAverage Weekly WageStatutory InterpretationBurden of ProofEmployment InjuryPermanent Partial IncapacityTexas Civil AppealsSufficiency of EvidenceRemand
References
12
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

Employers Casualty Co. v. Texas Attorney General

This case involves an appeal by Employers Casualty Company (Employers) against a trial court's order mandating the withholding of Michael Toliver's workers' compensation benefits to satisfy his child support obligations. Employers argued that the applicable law at the time of Toliver's injury in 1990, Texas Revised Civil Statutes article 8306, § 3(b), exempted such benefits from garnishment or withholding. The Texas Attorney General countered, arguing for the application of a newer statute, article 8308-4.08(b), or that legislative intent supported the withholding. The appellate court reversed the trial court's judgment, holding that the law in effect at the time of injury governs the case, and therefore, Employers is not required to withhold the benefits. However, the court clarified that the benefits are still available for child support directly from Michael Toliver after he receives them.

Workers' Compensation BenefitsChild Support EnforcementWithholding OrderStatutory InterpretationRetroactivity of LawExemption from GarnishmentAppellate ReviewTexas LawInsurance LawDate of Injury Rule
References
14
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

Hansen v. Texas Employment Commission

The case, a companion to Huey v. Texas Employment Commission, concerns employees of several Texas garment manufacturing companies, led by Frances M. Hansen, who were denied unemployment compensation. The Texas Employment Commission refused benefits after a two-week plant shutdown in 1956, citing a collective bargaining agreement where employees allegedly "left his last work voluntarily." Employees of one company, The Corsicana Company, were granted benefits. Appellants, represented by Amalgamated Clothing Workers of America, challenged the District Court's affirmation of the Commission's decision. The Chief Justice reversed the lower court's judgment, ruling that the employees did not voluntarily leave their employment and are therefore eligible for unemployment benefits, provided they meet other statutory requirements.

Unemployment compensationCollective bargaining agreementPlant shutdownVoluntary leavingEligibility for benefitsTexas employment lawLabor unionAppeals court decisionJudicial reviewEmployer-employee dispute
References
1
Case No. MISSING
Regular Panel Decision

Texas Employment Commission v. Hughes Drilling Fluids

John H. Bodessa was discharged by Hughes Drilling Fluids for refusing to submit a urine sample for drug-screening, a requirement under company policy. Initially, the Texas Employment Commission (TEC) granted Bodessa unemployment benefits, but Hughes successfully appealed this in county court, obtaining a summary judgment that disqualified Bodessa. The TEC then appealed this summary judgment, contending that the company's drug-screening policy was unreasonable, their initial decision was supported by evidence, and Bodessa did not violate the policy. The appellate court affirmed the summary judgment, ruling that Bodessa's continued employment after notification constituted consent to the policy and that Fourth Amendment protections against unreasonable searches and seizures do not apply to private employer actions. The court found the policy reasonable and a valid basis for disqualifying Bodessa from unemployment benefits due to misconduct.

Drug screeningUnemployment benefitsEmployee misconductAt-will employmentCompany policyFourth AmendmentRight to privacyTexas lawSummary judgmentAppellate review
References
14
Case No. 08-05-00086-CV (TC#2003-2730)
Regular Panel Decision
Aug 25, 2005

Pacific Employers Insurance Co. v. Severiano Torres

This case concerns an appeal from the trial court's award of attorney's fees to Appellee Severiano Torres. Appellant Pacific Employers Insurance Co. initially challenged a Texas Workers’ Compensation Commission Appeals Panel decision by suing Torres. After nearly 19 months of litigation, Pacific Employers filed a notice of nonsuit, dismissing all claims against Torres without prejudice, shortly before trial. Subsequently, the trial court awarded attorney's fees to Torres. Pacific Employers appealed this award, contending that Torres was not a 'prevailing party' under Section 408.221 of the Texas Labor Code because the case was disposed of by nonsuit, arguing that a judicial ruling on the merits was required. The Court of Appeals disagreed, affirming the trial court's decision. It held that an employee who defends an award, and whose case is subsequently nonsuited by the insurance carrier, is considered a prevailing party for the purposes of the statute, especially given the legislative intent to liberally construe compensation provisions in favor of injured workers.

Attorney's FeesNonsuitPrevailing PartyStatutory InterpretationTexas Labor CodeWorkers' Compensation AppealJudicial ReviewAppellate CourtInsurance Carrier LiabilityEmployee Claimant
References
12
Case No. MISSING
Regular Panel Decision

Olson v. Texas Employment Commission

Ross Milford Olson appealed the trial court's judgment dismissing his suit against the Texas Employment Commission for lack of jurisdiction. Olson sought judicial review of a decision disqualifying him from unemployment benefits. The dismissal was based on Olson's failure to join his former employer, Uselton Electric, Inc., as a necessary defendant, as required by Article 5221b — 4(i) Tex.Rev.Civ. Stat. Additionally, the trial court found that Olson failed to plead or prove the State of Texas's consent to be sued for other claims. The appellate court affirmed the trial court's decision, emphasizing that pro se litigants must adhere to applicable procedural rules.

Unemployment BenefitsJurisdictionPro Se LitigantFailure to Join Necessary PartySovereign ImmunityTexas Employment CommissionJudicial ReviewAppellate ProcedureStatutory ComplianceProcedural Rules
References
8
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