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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. 03-93-00512-CV
Regular Panel Decision
Aug 16, 1995

Albert G. Banks v. Texas Employers' Insurance Association

Albert Banks appealed a take-nothing summary judgment that denied his claims against the Texas Employers' Insurance Association (TEIA) for mishandling his workers' compensation claim. Banks sustained a shoulder injury while working for Burnet Consolidated Independent School District, which was self-insured and utilized TEIA to adjust claims. After initial benefits, payments ceased despite a second surgery. Banks sued, alleging breach of good faith and fair dealing, as well as violations of the Deceptive Trade Practices Act (DTPA) and the insurance code. The appellate court affirmed the summary judgment, ruling that TEIA, as an adjusting firm, did not owe Banks a duty of good faith and fair dealing, and that his claims under the insurance code and DTPA were not actionable based on controlling supreme court precedent.

Workers' Compensation ClaimSummary Judgment AppealDuty of Good Faith and Fair DealingInsurance Claims HandlingDeceptive Trade Practices ActInsurance Code ViolationsClaims Adjuster LiabilityAppellate Court DecisionEmployment InjuryTexas Civil Procedure
References
5
Case No. MISSING
Regular Panel Decision

Galveston County Fair & Rodeo v. Kauffman

Travis Kauffman entered his steer "Reebok" in The Galveston County Fair and Rodeo steer show. After winning a class, the steer was later disqualified due to allegations of "airing," an unethical fitting practice. Daniel S. Kauffman, Jr., Travis's father, sued the Fair alleging violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA), breach of contract, negligence, and gross negligence. A jury found in favor of Kauffman on all claims, with recovery elected under the DTPA. The Fair appealed, challenging aspects of the jury charge, evidence sufficiency, damages, consumer status under DTPA, and attorney's fees. The appellate court affirmed the judgment but modified it by deleting a $1,500 damage award related to negligence.

DTPA ViolationUnconscionable ActNegligenceBreach of ContractSteer DisqualificationAnimal Show EthicsConsumer ProtectionAppellate ReviewDamagesMental Anguish
References
18
Case No. 01-93-00152-CV
Regular Panel Decision
Jun 22, 1995

Campbell v. TEXAS EMPLOYERS'INS. ASS'N

This case involves a claim of lack of good faith and fair dealing against workers' compensation insurance carriers. Danny Campbell, an employee of the Houston Independent School District, became severely ill and later died after ingesting formaldehyde from his thermos at work. His wife, Margaret Campbell, sued the insurance carriers (Texas Employers' Insurance Association, Employers Casualty Company, and Employers' National Risk Management Services, Inc.) for breach of the duty of good faith and fair dealing, DTPA violations, and Insurance Code violations, after they denied coverage. The trial court granted summary judgment for the carriers, but the Court of Appeals reversed this decision. The appellate court found genuine issues of material fact regarding whether Campbell's injury was sustained in the course of his employment and whether the denial of payment was reasonable, and it rejected the carriers' defenses of statute of limitations and governmental immunity. The cause was remanded for a trial on the merits.

Workers' CompensationBad Faith ClaimUnfair DealingSummary Judgment ReversalCourse of EmploymentPersonal Animosity ExceptionStatute of LimitationsGovernmental ImmunityInsurance Coverage DisputeToxic Ingestion
References
20
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Beach

Jesse P. Beach was killed in an automobile accident while returning home from work, transporting three other members of his drilling crew. His wife and son sought workmen’s compensation from Texas Employers’ Insurance Association. A jury rendered judgment for Beach’s wife and son, but the insurance carrier appealed. The core legal question was whether Beach’s fatal injuries were sustained in the course of his employment, particularly concerning the use of his personal vehicle for transport and the employer's compensation practices. The appellate court found that Beach's employment contract explicitly excluded payment for transportation time and the use of his vehicle, overturning the jury's verdict and ruling that he was not in the course of his employment.

Workers' CompensationCourse of EmploymentAutomobile AccidentTravel TimeEmployment ContractCustom and UsageAppellate ReviewTexas LawInsurance ClaimDrilling Company
References
13
Case No. 21 NY3d 861
Regular Panel Decision

Town of Islip v. New York State Public Employment Relations Board

The Town of Islip challenged a determination by the New York State Public Employment Relations Board (PERB) that the Town committed an improper practice by unilaterally discontinuing the permanent assignment of town-owned vehicles to certain employees for commuting. PERB had found this practice to be an economic benefit and a mandatory subject of bargaining. The Town argued that the practice was illegal under its local code of ethics and therefore not subject to negotiation. The Court affirmed PERB's finding that the Town engaged in an improper practice, concluding that the past practice of providing 'take-home' vehicles was not illegal under the Town's code. However, the Court modified PERB's remedial order, finding it unreasonable to compel the Town to repurchase vehicles it had sold, and remitted the case for PERB to fashion a more practical remedy.

Public Employment Relations BoardImproper PracticeUnilateral ChangePast PracticeMandatory Subject of BargainingTake-Home VehiclesCommuting BenefitEconomic BenefitCivil Service LawTaylor Law
References
14
Case No. MISSING
Regular Panel Decision

Bowaters Southern Paper Corp. v. Equal Employment Opportunity Commission

This case involves a petition by Bowaters Southern Paper Corporation to set aside a demand for access to evidence by the Equal Employment Opportunity Commission (EEOC), and a cross-petition by the EEOC to enforce its demand. The dispute arose after a Commissioner's charge alleging unlawful employment practices against Bowaters was filed, leading to an EEOC investigation and subsequently a demand for extensive personnel records. Bowaters contended the demand was invalid because the underlying charge failed to "set forth the facts upon which it is based" as required by the Civil Rights Act of 1964. The Court found that the Commissioner's charge, which merely listed general discriminatory practices without supporting facts, was legally insufficient to invoke the Commission's investigative jurisdiction. Consequently, the Court denied the EEOC's motion for enforcement and set aside the demand for access to evidence, concluding that a valid charge is a jurisdictional prerequisite for an investigation.

Equal Employment OpportunityCivil Rights Act of 1964Administrative LawInvestigative AuthorityJudicial ReviewSufficiency of ChargeDemand for EvidenceUnlawful Employment PracticesRacial DiscriminationJurisdictional Prerequisite
References
7
Case No. MISSING
Regular Panel Decision

Chenango Forks Central School District v. New York State Public Employment Relations Board

The dissent challenges the court's confirmation of a Public Employment Relations Board (PERB) determination, which compelled a school district (petitioner) to reinstate Medicare Part B reimbursements. This PERB ruling overturned an arbitrator's decision that found no violation of the collective bargaining agreement regarding these reimbursements, citing a lack of binding past practice. The dissenting judge argues that PERB improperly disregarded its own post-arbitral deference policies, thereby allowing the Association to relitigate an issue already addressed in a fair arbitration. The dissent emphasizes the importance of arbitration finality and raises concerns about the protracted process and potential unconstitutionality of payments not explicitly authorized.

Collective Bargaining AgreementArbitrationPublic Employment Relations BoardPast PracticeMedicare Part B ReimbursementsGrievanceImproper Practice ChargePost-Arbitral DeferenceAbuse of DiscretionLabor Law
References
10
Case No. MISSING
Regular Panel Decision
Jan 01, 1995

Campbell v. Texas Employers' Insurance Ass'n

Margaret Campbell, as executrix of her deceased husband Danny Campbell's estate, sued Houston Independent School District and several insurance entities for breach of the duty of good faith and fair dealing, DTPA violations, and Insurance Code violations. Danny Campbell, an HISD employee, ingested formaldehyde from his thermos at work, leading to his death. The defendants denied workers' compensation coverage, claiming it was not an "on-the-job injury" due to a "personal animosity" exception. The trial court granted summary judgment for the defendants on grounds of no breach of duty, statute of limitations, and governmental immunity. The appellate court reversed the summary judgment, finding genuine issues of material fact regarding whether Campbell's injury occurred in the course of employment and whether the denial of payment was reasonable. The court also found the claims were within the statute of limitations and that the defendants were not entitled to governmental immunity. The case was remanded for a trial on the merits.

Workers' CompensationGood Faith and Fair DealingSummary Judgment ReviewAppellate CourtInsurance Bad FaithCourse of EmploymentPersonal Animosity ExceptionStatute of Limitations DefenseGovernmental ImmunityFormaldehyde Poisoning
References
20
Case No. MISSING
Regular Panel Decision

City of Syracuse v. Public Employment Relations Board

This case involves the City of Syracuse's unilateral implementation of procedures to terminate General Municipal Law § 207-a benefits for firefighters. Two firefighters were injured and receiving benefits; one reported late and left early for light duty, the other refused to report. The City held hearings and terminated their benefits, prompting the Syracuse Fire Fighters Association (Union) to file an improper practice charge with the Public Employment Relations Board (PERB), alleging a violation of the Taylor Law. The Administrative Law Judge initially dismissed the charge, but PERB reversed this decision, finding that the procedures for terminating such benefits are a subject of mandatory bargaining. The City then commenced a CPLR article 78 proceeding to annul PERB's determination. The court confirmed PERB's determination, holding that the City's unilateral implementation of benefit termination procedures constituted an improper practice and that a City Charter's notice of claim provision did not apply to improper practice charges filed with PERB.

Taylor LawCivil Service LawGeneral Municipal Law § 207-aImproper Practice ChargeMandatory BargainingCollective Bargaining AgreementDue ProcessLight Duty AssignmentNotice of ClaimCPLR Article 78 Proceeding
References
23
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