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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

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 19, 2011

New York Hospital Medical Center of Queens v. Microtech Contracting Corp.

The plaintiff appealed an order dismissing its complaint for contribution and indemnification against the defendant. The defendant had employed two undocumented aliens who were injured on the plaintiff's property and received workers' compensation benefits. The plaintiff contended that the defendant's alleged violation of the Immigration Reform and Control Act of 1986 (IRCA) should negate the protections of Workers’ Compensation Law § 11, which typically bars third-party claims against employers unless specific exceptions apply. The Supreme Court granted the defendant's motion to dismiss. The appellate court affirmed the dismissal, ruling that the IRCA does not preempt Workers’ Compensation Law § 11, and a violation of IRCA does not abrogate an employer's immunity from third-party claims for contribution and indemnification.

ContributionIndemnificationWorkers' Compensation Law § 11Immigration Reform and Control Act (IRCA)CPLR 3211 (a) (7)PreemptionUndocumented AliensEmployer LiabilityThird-Party ClaimsStatutory Interpretation
References
33
Case No. MISSING
Regular Panel Decision
Apr 03, 2000

Tapia v. 126 First Avenue, L. L. C.

The Supreme Court, Bronx County, initially denied cross motions for summary judgment between defendant-appellant 126 First Avenue, L. L. C. (126) and defendant Kinta Corp. regarding common-law indemnification. The Appellate Division modified this order, granting 126's cross motion for summary judgment on its indemnification claim. The court found that 126's liability under Labor Law § 240 (1) was purely vicarious as an owner without supervisory authority over the worksite where the plaintiff was injured. Therefore, 126 was entitled to full common-law indemnification from Kinta, the actively negligent contractor. Kinta's argument for protection under Workers’ Compensation Law § 11 was rejected due to a lack of evidentiary proof that it was the plaintiff's employer, with documentary evidence showing the plaintiff was employed by a different entity.

Summary JudgmentCommon-Law IndemnificationVicarious LiabilityLabor LawWorkers' Compensation LawCross ClaimActive NegligenceOwner LiabilityContractor LiabilityEmployer Status
References
3
Case No. MISSING
Regular Panel Decision
May 20, 1998

Walker v. Trustees of the University of Pennsylvania

The Supreme Court, New York County, affirmed a judgment entered May 20, 1998, which awarded common-law indemnification to the site owner and general contractor against the plaintiff's employer, a subcontractor, in a laborer's personal injury action. The appellate court found that the trial court properly granted the posttrial motion for indemnification. This decision was based on a jury finding that the owner and general contractor were not negligent and did not direct or control the plaintiff's work, whereas the employer did. The general contractor's contractual authority to enforce general safety standards was not considered sufficient to establish requisite supervision or control of the plaintiff's specific work. Furthermore, the employer's express assumption of primary responsibility for worker safety in its subcontract was noted, and its argument regarding the jury's lack of an express ruling on the general contractor’s supervision was rejected, given that such a question was not requested and the finding of no negligence implied no supervision.

Common-law indemnificationThird-party actionPersonal injuriesLabor LawNegligenceSite owner liabilityGeneral contractor liabilitySubcontractor employerSupervision and controlWorker safety
References
5
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. MISSING
Regular Panel Decision
Apr 18, 2003

Flores v. Lower East Side Service Center, Inc.

The case concerns an appeal regarding an order denying the defendant's motion for summary judgment on a third-party action for indemnification and granting a cross-motion to dismiss the third-party complaint. The court unanimously affirmed the decision, noting that the plaintiff's right eye injury did not constitute a "grave injury" under Workers’ Compensation Law § 11. Consequently, the defendant could not obtain indemnification from the plaintiff's employer without a prior written contract. The defendant's offered contract was unsigned, making it unavailable for indemnification, regardless of the employer's supervision or general compliance with its unexecuted terms.

Summary JudgmentIndemnificationThird-Party ActionWorkers' Compensation LawGrave InjuryContract LawUnsigned AgreementEmployer LiabilityAppellate ReviewBronx County Supreme Court
References
4
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
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