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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

City of El Paso v. Granados

Irene Granados, a former employee of the City of El Paso, initiated a lawsuit alleging sexual discrimination and retaliation after her employment was terminated on February 9, 2005. Following the Civil Service Commission upholding her termination on October 13, 2005, Granados filed a discrimination charge and subsequently an original petition. The City appealed an order denying its plea to the jurisdiction and motion for summary judgment, contending Granados failed to timely exhaust her administrative remedies by not filing a discrimination charge within 180 days of her termination notice. The appellate court determined that the 180-day limitation period commenced on February 9, 2005, the date Granados received notice of termination, and not on the date the Civil Service Commission affirmed it. Concluding that Granados's administrative claim was untimely, the court ruled that the trial court lacked subject matter jurisdiction. Consequently, the appellate court reversed the trial court’s order, granted the City's plea to the jurisdiction, and dismissed the case.

Sexual DiscriminationRetaliationEmployment LawAdministrative RemediesTimelinessJurisdictionPlea to JurisdictionSummary JudgmentCivil Service CommissionTexas Commission on Human Rights Act
References
9
Case No. 08-08-00316-CV
Regular Panel Decision
Feb 23, 2011

City of El Paso v. Irene Granados

Irene Granados, a former employee of the City of El Paso, sued the City for sexual discrimination and retaliation after her termination. The City appealed an order denying its plea to the jurisdiction, arguing that Granados failed to timely file an administrative discrimination charge within 180 days of her termination, as required by the Texas Commission on Human Rights Act. Granados contended the 180-day period began when the Civil Service Commission affirmed her termination. The Court of Appeals reversed the trial court's decision, holding that the limitations period commenced on the date Granados received notice of her termination, thereby rendering her administrative complaint untimely and depriving the trial court of subject matter jurisdiction.

sexual discriminationretaliationemployment lawadministrative remediesplea to jurisdictionsubject matter jurisdictionstatute of limitationsTexas Commission on Human Rights Actwrongful terminationCivil Service Commission
References
9
Case No. ADJ7522095
Regular
May 22, 2014

EUGENIA GRANADOS vs. HARBOR FREIGHT TOOLS USA, INC., TRAVELERS PROPERTY CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Eugenia Granados' Petition for Reconsideration. The WCAB adopted and incorporated the reasoning of the administrative law judge's Report and Recommendation. No specific reasons for dismissal are detailed in this order. The dismissal was issued on May 22, 2014.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalReport and RecommendationAdministrative Law JudgeHarbor Freight Tools USAInc.Travelers Property Casualty CompanyEugenia GranadosADJ7522095
References
0
Case No. 07-06-0301-CV
Regular Panel Decision
Mar 31, 2008

the City of Grey Forest, Texas v. Glen W. Vernon & Denise G. Vernon and Intervenor, Paul Granado

The City of Grey Forest appealed a trial court's judgment in favor of Glen W. Vernon, Denise G. Vernon, and Paul Granado regarding an alleged agreement to construct a continuous road and provide utilities in exchange for an easement. The appellees had sued for declaratory judgment, breach of contract, and promissory estoppel after the city ended the road paving project at their property line and fenced off access to another road. The trial court had ruled for the Vernons and Granado, awarding damages and attorney fees. On appeal, the Court of Appeals for the Seventh District of Texas reversed the trial court's judgment, finding no enforceable contract and concluding that the appellees could not recover under promissory estoppel as they were not the original promisees and failed to prove detrimental reliance. Consequently, the appellate court rendered a judgment that the Vernons and Granado take nothing.

Contract LawProperty EasementsMunicipal LiabilityPromissory EstoppelAppellate ProcedureTexas Civil PracticeDeclaratory JudgmentsDamages ClaimsAttorney FeesGovernmental Immunity
References
11
Case No. 01-22-00761-CV
Regular Panel Decision
Jan 19, 2023

Eugenia Woodard v. Texas Department of Insurance Division of Workers Compensation, CAPPS Electric Company and Texas Mutual Insurance Company

Appellant Eugenia Woodard, proceeding pro se, filed a notice of appeal and a premature brief. The Court of Appeals for the First District of Texas at Houston struck her initial brief due to its early filing and lack of record references. Subsequently, the Court granted Woodard's motion for an extension to file a proper appellant's brief. A separate motion for extension from appellee Texas Mutual Insurance Company was dismissed as moot, as no deadline for appellee's brief had yet been established. Furthermore, the Court ordered that Woodard be allowed to proceed on appeal without payment of court costs, noting her filed statement of inability to afford payment.

Appellate ProcedureBrief FilingExtension of TimeCourt CostsPro Se LitigantWorkers' CompensationMotion to StrikeStatement of Inability to Afford PaymentTexas Appeals
References
13
Case No. LBO 359136
Regular
Dec 17, 2007

JOAQUIN GRANADOS vs. JKB CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over whether the 1997 or 2005 disability rating schedule applies to applicant Joaquin Granados's left knee and back injury, and the appropriateness of apportionment. The Appeals Board granted reconsideration, rescinded the previous award, and returned the matter for new rating instructions. This decision was based on the finding that no medical report established applicant reached permanent and stationary status prior to January 1, 2005, thus mandating the application of the 2005 Schedule. Furthermore, the Board found Dr. Nottage's apportionment report to be substantial evidence, unlike Dr. Schwartz's, and ordered further proceedings based on Dr. Nottage's findings.

Workers' Compensation Appeals BoardJoaquin GranadosJKB CorporationState Compensation Insurance FundAmended Findings and AwardConstruction WorkerIndustrial InjuryLeft KneeBackPermanent Disability
References
7
Case No. ADJ1526556 (LAO 0484276)
Regular
May 14, 2019

EUGENIA DURAN vs. FRANK P. DOW COMPANY, UTICA MUTUAL INSURANCE COMPANY

This case involves a petition for reconsideration filed by applicant Eugenia Duran. The Workers' Compensation Appeals Board (WCAB) granted the petition, rescinded the prior decision of the workers' compensation administrative law judge (WCJ), and returned the matter to the WCJ for further proceedings and a new decision. This is not a final determination on the merits of the case.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeOpinion and OrderGranting ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationFrank P. Dow CompanyUtica Mutual Insurance Company
References
0
Case No. VNO 0490165, VNO 0490166
Regular
Feb 22, 2008

EUGENIA JUAREZ vs. LA BREA BAKERY, ZENITH NATIONAL INSURANCE, LIBERTY MUTUAL INSURANCE COMPANY

In this Workers' Compensation Appeals Board case, the Board denied a Petition for Reconsideration filed by Eugenia Juarez. The denial was based on the administrative law judge's report, which the Board adopted and incorporated. Therefore, the applicant's request for reconsideration of the original decision was officially rejected.

Workers' Compensation Appeals BoardLa Brea BakeryZenith National InsuranceLiberty Mutual Insurance CompanyOrder Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportSan FranciscoService by Mail
References
0
Case No. 13-85-115-CV
Regular Panel Decision
Jan 16, 1986

Bissett v. Texas Employers Ins. Ass'n

Appellants Eugenia Sedwick Bissett and Daulton Edwards Bissett appealed a worker's compensation case seeking death benefits for their son, James T. Bissett, who died in an aircraft accident. The jury found that Bissett's death did not occur in the course of his employment. The appeal challenged a jury instruction regarding injuries incurred while traveling to or from work and the factual and legal sufficiency of the evidence to support the jury's finding. The Court of Appeals analyzed the 'coming and going' rule, the 'dual purpose' rule, and the 'special mission' exception under the Texas Worker's Compensation Act. The court affirmed the trial court's judgment, concluding the instruction was proper and the evidence supported the jury's verdict.

Worker's Compensation ClaimsEmployment InjuryAviation AccidentScope of EmploymentCommuting RuleDual Purpose DoctrineEmployer's Business FurtheranceJury Instructions ReviewEvidentiary SufficiencyTexas Court of Appeals
References
16
Case No. ADJ16773219; ADJ16653843
Regular
Jun 03, 2025

LAKEISHA HOWARD vs. OPTUM 360 SERVICES, A UNITED HEALTH GROUP COMPANY; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The applicant, Lakeisha Howard, sought reconsideration after the WCJ denied her claims for cumulative injury to her left knee and ankle, and deemed Dr. Granado's reports inadmissible. The Appeals Board affirmed the WCJ's decision, finding that Dr. Granado's reports were obtained to rebut the panel QME's opinion rather than for medical treatment and were therefore inadmissible. The Board also upheld the finding that the applicant failed to prove a cumulative injury arising out of her employment, citing Dr. Welborn's opinion that her sedentary job would not cause such trauma. Consequently, the Petition for Reconsideration was denied.

Labor Code Section 5909Petition for ReconsiderationAdmissibility of Medical ReportsCumulative Trauma InjuryCompensable Consequence InjurySubstantial EvidenceCausationPanel Qualified Medical EvaluatorTreating PhysicianMedical-Legal Evaluation
References
10
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