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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

Emenhiser v. State

The appellant, John Paul Emenhiser, was convicted of two counts of indecency with a child, one count of aggravated sexual assault of a child, and one count of sexual performance by a child. He appealed the trial court's judgment, raising points of error regarding a quashed subpoena, the exclusion of a witness who violated the rule of sequestration, the denial of a motion to suppress evidence seized from a storage unit, and the denial of a challenge for cause to a veniremember. Additionally, he challenged the legal and factual sufficiency of the evidence for his convictions of sexual performance by a child and indecency with a child. The appellate court reviewed each point of error, found no abuse of discretion by the trial court, and determined that the evidence was legally and factually sufficient to support the convictions, thus affirming the trial court's judgment.

Indecency with a childSexual performance by a childAggravated sexual assaultSubpoenaExclusion of witnessRule of sequestrationSearch warrantProbable causeMotion to suppressVeniremember challenge
References
35
Case No. 03-01-00400-CV
Regular Panel Decision
Apr 11, 2002

Richard Wallace Pearce and Jesse Ray Blann v. City of Round Rock Round Rock Development Review Board Frank Del Castillo, in His Capacity as Member of the Round Rock Development Review Board Terry Hagood, in His Capacity as Member of the Round Rock Development Review Board

Appellants Richard Wallace Pearce and Jesse Ray Blann appealed the district court's judgment affirming the Round Rock Development Review Board's denial of their permit applications for seven outdoor advertising structures. The core issue was whether the structures qualified as 'signs' and were entitled to non-conforming use status under the City's ordinance, which became effective February 27, 1997. The Court of Appeals held that four of the structures were 'signs' due to having a surface capable of displaying text, despite not yet having advertising affixed, and were therefore entitled to non-conforming use. The court reversed and remanded the Board's decisions regarding these four structures. However, it affirmed the district court's judgment for the remaining three structures, which lacked such a surface, and also upheld the constitutionality of the City's sign ordinance against a takings claim.

ZoningOutdoor AdvertisingNon-conforming UsePermit DenialExtraterritorial JurisdictionAbuse of DiscretionStatutory InterpretationMunicipal OrdinanceTexas Court of AppealsProperty Rights
References
30
Case No. MISSING
Regular Panel Decision

Texas Workers' Compensation Insurance Fund v. Texas Workers' Compensation Commission

The Texas Workers’ Compensation Insurance Fund, now Texas Mutual, challenged an appeals panel decision by the Texas Workers’ Compensation Commission which awarded lifetime income benefits to claimant Leonard D. Watts. Watts, a truck driver for Mono Chem Corporation, sustained a leg injury in 1994, leading to severe medical conditions and ultimately the loss of use of both feet. A hearing officer initially denied lifetime benefits due to insufficient evidence of a causal connection to the original injury, but the appeals panel twice reversed this decision, rendering a new decision in favor of Watts. Texas Mutual sought judicial review, arguing the appeals panel exceeded its statutory authority and improperly engaged in factual-sufficiency review. The district court set aside the appeals panel's decision. This court, however, reversed the district court's decision, affirming the appeals panel’s award of lifetime income benefits to Watts, holding that the appeals panel acted within its statutory authority.

Workers' CompensationLifetime Income BenefitsAppeals Panel ReviewJudicial ReviewFactual SufficiencyStatutory AuthorityCausationRes JudicataCollateral EstoppelTexas Labor Code
References
13
Case No. 11-06-00048-CV
Regular Panel Decision
Sep 21, 2006

Midland Central Appraisal District and Midland County Appraisal Review Board v. Plains Marketing, L.P., a Texas Limited Partnership, and Plains Marketing GP Inc., General Partner

This ad valorem tax suit involves Plains Marketing, L.P. appealing the tax assessment on its crude oil inventory accounts. The Midland Central Appraisal District and Midland County Appraisal Review Board challenged the trial court's jurisdiction, asserting that Plains failed to exhaust administrative remedies. The trial court denied their challenge. The Eleventh Court of Appeals affirmed the trial court's decision, ruling that Plains had sufficiently exhausted its administrative remedies because the exemption claim was thoroughly discussed and determined by the Appraisal Review Board, despite initial protest notice deficiencies. The core issue revolved around whether oil stored in tank farms for future delivery constituted taxable inventory or was exempt under the Interstate Commerce Clause.

Property TaxAd ValoremAdministrative RemediesJurisdictionExhaustion DoctrineInterstate CommerceOil InventoryAppraisal Review BoardTexas LawAppellate Review
References
35
Case No. MISSING
Regular Panel Decision

INA of Texas v. Briscoe

Billy Eugene Briscoe, injured on the job in 1984, filed a workers' compensation claim alleging a herniated disk resulted from the accident, causing incapacity. A jury found he sustained an injury but not that it caused total or partial incapacity, leading to a "take nothing" judgment against him. The court of appeals reversed this judgment, stating the jury's findings on producing cause were against the great weight and preponderance of the evidence. However, the appellate court's reversal used conclusory statements without detailing the evidence or explaining why contrary evidence outweighed the jury's verdict, failing to comport with established legal standards for factual sufficiency review. Consequently, the higher court reversed the judgment of the court of appeals and remanded the case for further consideration of the factual sufficiency point of error, instructing adherence to the proper review standards.

Workers' CompensationFactual SufficiencyAppellate ReviewLegal StandardPer CuriamJudgment ReversalRemandHerniated DiskJury VerdictProducing Cause
References
2
Case No. 14-03-01371-CR
Regular Panel Decision
Jul 14, 2005

Green II, Johnny v. State

Appellant Johnny Green II was convicted of aggravated armed robbery and appealed, challenging the factual sufficiency of the evidence regarding his identity. The Fourteenth Court of Appeals reviewed the evidence, including a positive eyewitness identification, the appellant's association with a co-conspirator, and his suspicious report of a stolen vehicle. The court addressed the inability of other witnesses to identify the appellant, attributing it to the circumstances of the robbery. Distinguishing a similar case, the court found the evidence factually sufficient and affirmed the trial court's judgment.

Aggravated RobberyFactual SufficiencyEyewitness IdentificationIdentity DefenseCriminal AppealTexas LawCircumstantial EvidenceAppellate ReviewCredibility of WitnessesPhotographic Spread
References
7
Case No. 07-05-0352-CR
Regular Panel Decision
Aug 28, 2006

Rudy Vallejo v. State

Appellant Rudy Vallejo appealed his conviction for aggravated sexual assault of a child, challenging the legal and factual sufficiency of the evidence. The conviction stemmed from an incident recorded by a security camera, showing Vallejo fondling the victim. The trial court had sentenced Vallejo to life imprisonment. The appellate court reviewed the evidence, including testimony from the victim, her mother, and a police officer, as well as the digital recording. The court affirmed the trial court's decision, concluding that the evidence was legally and factually sufficient to support the guilty verdict and that the jury's finding was rationally justified.

Aggravated Sexual AssaultChild AbuseSufficiency of EvidenceLegal SufficiencyFactual SufficiencyDirected VerdictAppellate ReviewCriminal ConvictionDigital EvidenceTexas Penal Code
References
8
Case No. No. 08-00-00380-CR
Regular Panel Decision
Aug 22, 2002

Ieremia, Mekeli v. State

Mekeli Ieremia, Director of Risk Management for Socorro Independent School District, was convicted of theft over $200,000 and misapplication of fiduciary property over $200,000. An internal audit revealed a significant increase in workers' compensation fund expenditures, primarily due to numerous, repetitious, and often duplicate invoices from companies operated by Michael Rhinehardt for employee background checks. Ieremia was found to have authorized these payments, misrepresented their necessity and value, and bypassed established protocols, leading to a substantial depletion of the fund's reserves. The Court of Appeals reviewed Ieremia's arguments regarding the denial of his motion to quash and the legal and factual sufficiency of the evidence for both charges. The court found that the evidence was legally and factually sufficient to support both the theft and misapplication of fiduciary property convictions.

TheftMisapplication of Fiduciary PropertyEmployee Background ChecksWorkers' Compensation FundFraudFinancial MisconductPublic ServantSufficiency of EvidenceAppellate ReviewEl Paso County
References
14
Case No. MISSING
Regular Panel Decision

American States Insurance Co. v. Walters ex rel. Justice

Pamela Walters, acting as guardian for Ivan Robert Justice, initiated a lawsuit against American States Insurance Company to secure workers' compensation benefits following the death of Ivan Michael Justice, the minor's father. The initial trial court sided with Walters, concluding that Justice's fatal injury was sustained during the course of his employment. American States Insurance Company appealed this decision, leading to a reversal by a higher court due to a perceived lack of evidence. However, the Supreme Court subsequently reversed that decision and remanded the case, instructing the appellate court to re-evaluate the factual sufficiency of the evidence. Upon review, the appellate court determined that the evidence was factually sufficient to support the jury's original finding, thereby affirming the trial court's judgment in favor of Walters.

Workers' CompensationFactual SufficiencyCourse of EmploymentAppellate ReviewJury FindingInsurance ClaimFatal InjuryGuardian Ad LitemRemandTexas Law
References
5
Case No. 03-02-00089-CV
Regular Panel Decision
Mar 27, 2003

Envoy Medical Systems, L.L.C. and Independent Review Incorporated v. State of Texas Greg Abbott, Attorney General of Texas And Jose Montemayor, Insurance Commissioner of Texas

Appellants Envoy Medical Systems, L.L.C. and Independent Review Incorporated appealed a trial court's judgment concerning the disclosure of certain records under the Public Information Act. The case originated from a request for information made to the Texas Department of Insurance related to appellants' applications for certification as Independent Review Organizations (IROs). The Attorney General had previously ruled that the requested information, including reviewer lists, contracts, and compensation, could not be withheld. Appellants argued that the information was 'confidential by law' and also excepted from disclosure under the commercial or financial information clause of the PIA. The appellate court reviewed for abuse of discretion and affirmed the trial court's judgment, concluding that appellants failed to meet their burden to prove an exception to disclosure applied.

Public Information ActDisclosure of RecordsIndependent Review OrganizationsConfidentialityCommercial InformationFinancial InformationAbuse of DiscretionAppellate ReviewInjunctive ReliefAdministrative Law
References
12
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