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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 21-0941
Regular Panel Decision
May 12, 2023

Pnc Mortgage, a Division of Pnc Bank, N.A. Successor to National City Bank and National City Mortgage, a Division of National City Bank of Indiana v. John Howard and Amy Howard

The Supreme Court of Texas affirmed a decision that PNC Mortgage's claim for foreclosure through equitable subrogation was time-barred. PNC, a refinance lender, failed to initiate foreclosure proceedings on its own lien within the statute of limitations after accelerating the Howards' note in 2009. The Court clarified that equitable subrogation provides an alternative remedy, substituting the original creditor's security interest, but does not create an additional claim with a separate accrual date. Therefore, the subrogation claim also accrued upon the acceleration of the refinanced loan, and PNC's failure to act within four years rendered it time-barred. This decision emphasizes that a refinance lender's negligence in preserving its own lien does not impact its entitlement to equitable subrogation, but the claim must still be brought within the statutory limitations period from the acceleration of the underlying note.

MortgageEquitable SubrogationStatute of LimitationsForeclosureReal Property LienTexas LawRefinanceDebt AccelerationAppellate ProcedureJudicial Precedent
References
24
Case No. 03-11-00009-CV
Regular Panel Decision
May 26, 2011

Rod Bordelon, Commissioner of the Texas Department of Insurance, Division of Workers' Compensation And the Texas Department of Insurance, Division of Workers' Compensation v. Brian Fanette

The appellants, Rod Bordelon, Commissioner of the Texas Department of Insurance, Division of Workers' Compensation, and the Texas Department of Insurance, Division of Workers' Compensation, filed a motion requesting the dismissal of their appeal. The Texas Court of Appeals, Third District, at Austin, granted this motion and consequently dismissed the appeal. This decision was made in the case against Appellee Brian Fanette.

Texas Court of AppealsWorkers' Compensation DivisionAppeal DismissalAppellant MotionJudicial DistrictTravis CountyMemorandum OpinionAdministrative AgencyState GovernmentAppellate Procedure
References
0
Case No. MISSING
Regular Panel Decision

Fabijanic v. Sperry Gyroscope Division

Petitioner Nicholas Fabijanic, representing the Engineers Union, sought to compel Sperry Gyroscope Division and Sperry Systems Management Division to arbitrate a grievance concerning a collective bargaining agreement. The dispute arose after Systems' employees, previously working at the Mississippi Test Facility (MTF) on the National Data Buoy Project, were offered employment with Sperry Space Support, another division, which would result in loss of union coverage. The Union contended the agreement should still apply. The court denied the motion, ruling that the employees had voluntarily accepted employment with an autonomous entity not party to the agreement, thus making the grievance non-arbitrable under the existing contract.

ArbitrationCollective Bargaining AgreementGrievanceUnion RepresentationEmployee TransferSperry Rand CorporationNational Labor Relations BoardFederal CourtLabor LawEmployer-Employee Relations
References
3
Case No. MISSING
Regular Panel Decision

Turner v. Turner

After a 30-year marriage, the plaintiff wife initiated a divorce action in August 1991, seeking equitable distribution of marital property. The Supreme Court's initial distribution, which allocated approximately 62% of assets to the defendant and 38% to the plaintiff without explanation, was appealed by the plaintiff for equal division. The appellate court concurred, mandating equal division of net rental income and marital residence proceeds. Furthermore, recognizing the significant disparity in their retirement plans and the plaintiff's limited contribution period, the court ruled she was entitled to an equitable share of the defendant's pension. The plaintiff was also granted reimbursement for a $4,410 Workers' Compensation award confiscated by the defendant without proper offset proof. The judgment was modified and the matter remitted for property redistribution and consideration of counsel fees.

Equitable DistributionMarital PropertyDivorceWorkers' CompensationPension DivisionRental IncomeSpousal SupportMarital AssetsReimbursementCounsel Fees
References
1
Case No. MISSING
Regular Panel Decision

Suffolk County Community College v. New York State Division of Human Rights

This case involves a proceeding initiated by Suffolk County Community College to review a determination by the New York State Division of Human Rights. The Division had previously found the college guilty of unlawful racially discriminatory practices and retaliation against an employee, awarding $50,000 in compensatory damages. The Division of Human Rights cross-petitioned to enforce this determination. Following a reversal and remittal by the Court of Appeals, the Appellate Division reviewed the matter. The court denied the branch of the cross-petition seeking to enforce the $50,000 compensatory damages award, finding it excessive due to insufficient evidence regarding the duration, severity, or consequences of the complainant's mental anguish related to racial discrimination. The determination was otherwise confirmed, and the case was remitted to the New York State Division of Human Rights for a new award of compensatory damages not exceeding $5,000.

Racial DiscriminationRetaliationCompensatory DamagesExcessive DamagesMental AnguishAdministrative Law ReviewHuman Rights LawAppellate ReviewRemittalSufficiency of Evidence
References
8
Case No. 03-21-00579-CV
Regular Panel Decision
Jul 08, 2022

Alvy Childress v. Travelers Indemnity Company, W&W-AFCO Steel LLC, and Texas Department of Insurance Division of Workers Compensation

Alvy Childress appealed a trial court's orders concerning a worker's compensation claim, specifically challenging a venue transfer and the dismissal of claims against the Texas Department of Insurance, Division of Workers' Compensation. The appellate court dismissed the appeal of the venue transfer from Travis County to Tom Green County, citing a lack of interlocutory appellate jurisdiction. Regarding the plea to the jurisdiction by the Division, the court affirmed the trial court's decision to dismiss Childress's claims. It held that the Texas Labor Code does not provide a claimant with the right to sue the Division in such judicial review cases, thereby upholding the Division's sovereign immunity. Consequently, the Division was deemed not a proper party to the appellant's suit for judicial review.

Workers' CompensationJudicial ReviewVenue TransferSovereign ImmunityPlea to JurisdictionAppellate JurisdictionLabor CodeTexas Court of AppealsAdministrative LawPro Se
References
29
Case No. MISSING
Regular Panel Decision

Consolidated Edison Co. v. New York State Division of Human Rights

This is a dissenting opinion concerning an appeal by Con Edison against a decision by the New York State Division of Human Rights. The Division found Con Edison discriminated against Pamela Easton, a Black female employee, based on sex and race by denying her promotions to management positions. Easton, despite seniority and experience, was bypassed for promotions in favor of less experienced white male employees whom she had often trained. The Division ordered Con Edison to offer Easton a supervisory position with back pay, benefits, and $10,000 for humiliation and mental anguish. The dissenting judge believes there was substantial evidence to support the Division's determination and would have confirmed its order, thereby dismissing Con Edison's petition.

Employment DiscriminationRace DiscriminationSex DiscriminationPromotional DenialSubstantial Evidence ReviewAdministrative Agency DecisionHuman Rights LawAppellate ReviewDissenting OpinionSeniority
References
4
Case No. MISSING
Regular Panel Decision

Cluett, Peabody & Co. v. New York State Division of Human Rights

This case addresses whether an arbitration proceeding, which determined a job classification was not discriminatory under a collective bargaining agreement but explicitly stated it lacked authority to rule on Human Rights Law violations, bars a subsequent proceeding before the State Division of Human Rights. Employees Betty Lingle and Joan Skinner initially filed a grievance and later complaints with the State Division of Human Rights alleging sex discrimination after their termination. Following an arbitration decision that denied relief but did not address Human Rights Law issues, their employer, Cluett, Peabody & Co., Inc., sought a judgment declaring the Division lacked jurisdiction due to election of remedies. The court, presided over by John W. Sweeny, J., held that the arbitration did not constitute an election of remedies precluding the State Division from proceeding, as the arbitrator had no authority to decide Human Rights Law issues. Consequently, the employer's motion to dismiss the complaint was granted, allowing the Human Rights Commission to continue with the employees' complaints.

DiscriminationSex DiscriminationHuman Rights LawArbitrationCollective Bargaining AgreementExclusive RemedyJurisdictionState Division of Human RightsSeniority RightsElection of Remedies
References
3
Case No. 03-13-00300-CV
Regular Panel Decision
Feb 26, 2015

Adrian Tijerina v. Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd's Insurance Company and the Texas Department of Insurance, Division of Workers' Compensation

Adrian Tijerina appealed the dismissal of his case against the Texas Property Casualty Insurance Guaranty Association (Association) and the Texas Department of Insurance, Division of Workers’ Compensation (Division). Tijerina, who sustained a back injury in 1987, sought to enforce a 1989 judgment for future medical benefits, alleging the Association refused to pay for back surgery and the Division improperly refused jurisdiction. The Ector County court transferred the case to Travis County, and the Travis County district court dismissed it for lack of jurisdiction. The appellate court affirmed the trial court's order, ruling that the venue transfer was proper, Tijerina's claim against the Division was barred by sovereign immunity and failure to exhaust administrative remedies, and his claim against the Association was not ripe because the compensability of the desired surgery had not been determined by the Division.

Workers' CompensationJurisdictionPlea to the JurisdictionVenue TransferAdministrative RemediesRipeness DoctrineSovereign ImmunityDeclaratory JudgmentMedical BenefitsBack Surgery
References
17
Case No. 03-05-00776-CV
Regular Panel Decision
Dec 15, 2006

Texas Mutual Insurance Company v. Texas Department of Insurance, Division of Workers' Compensation

This interlocutory appeal addresses whether the Texas Department of Insurance, Division of Workers' Compensation, holds exclusive jurisdiction over disputes concerning employers' liability insurance coverage periods and if a challenge to a Division rule was ripe for adjudication. The case originated from a wrongful death claim against AJ Commercial, whose insurance carrier, Texas Mutual, sought a declaratory judgment that the employers' liability policy had expired. The district court had granted the Division's plea to the jurisdiction, finding exclusive jurisdiction and lack of ripeness for the rule challenge. The appellate court reversed, ruling that the Division does not have exclusive jurisdiction over employers' liability coverage disputes when no worker's compensation benefits claim is pending and that the rule challenge was indeed ripe, remanding the case for further proceedings.

Workers' Compensation LawEmployer Liability InsuranceExclusive JurisdictionRipeness DoctrineDeclaratory JudgmentAdministrative LawInsurance Coverage DisputeStatutory InterpretationAppellate ReviewTexas Court of Appeals
References
25
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