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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

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. 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

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

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
Case No. 2-89-133-CV
Regular Panel Decision
Jul 10, 1990

McCoy v. Texas Employers Insurance Ass'n

Margaret McCoy, an employee, sustained an injury on her employer's premises while attempting to pick up her paycheck before her scheduled shift. She had several alternative methods for receiving her pay. The trial court determined that McCoy was not acting within the course and scope of her employment at the time of the injury. On appeal, McCoy argued that the evidence established as a matter of law that her injury occurred within the course and scope of her employment. The Court of Appeals of Texas, Fort Worth, affirmed the trial court's judgment, finding sufficient evidence to support the conclusion that McCoy's actions were not in furtherance of her employer's business. A dissenting opinion argued that McCoy should have been considered within the course and scope of her employment as a matter of law.

Worker's CompensationCourse and Scope of EmploymentPaycheck CollectionPremises LiabilityEmployer AccommodationAppealAffirmationDissenting OpinionTexas LawSummary Judgment
References
5
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
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