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

Case No. 04-22-00232-CV
Regular Panel Decision
Dec 11, 2024

Champion Food Service, Inc. and Champion Food Service 2, Inc. (Cross-Appellee) v. ProAlamo Foods, L.L.C. and ProCoastal, L.L.C. (Cross-Appellant)

Champion Food Service, Inc. and Champion Food Service 2, Inc. (Champion) appealed a final judgment in favor of ProAlamo Foods, L.L.C. and ProCoastal, L.L.C. (Pro Parties) after a jury trial. The appellate court reversed the trial court's order awarding additional post-verdict attorneys' fees to the Pro Parties, finding the re-opening of evidence impermissible. However, the court affirmed the judgment for the Pro Parties on their quantum meruit claim, including attorneys' fees (excluding the reversed post-verdict award). Champion's claims for DTPA violations and breach of implied warranty were denied due to insufficient evidence. The court upheld the trial court's evidentiary rulings regarding frozen meat products and text messages.

Quantum MeruitAttorneys' FeesDirected VerdictBreach of ContractImplied WarrantyDTPAAppellate ReviewJury VerdictPost-Verdict FeesFood Distribution
References
48
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. 12-09-00390-CV
Regular Panel Decision
Dec 08, 2010

Trussell Insurance Services, Inc. and Employment Management Service, LLC v. Image Solutions, Inc.

Trussell Insurance Services, Inc. and Employment Management Service, LLC (Trussell) appealed the denial of their motion for sanctions against Image Solutions, Inc. (Image). The underlying dispute originated from a worker's injury, where Image sought workers' compensation coverage through a policy procured by Trussell, which was subsequently denied due to the insurer's insolvency. Image then filed third-party claims against Trussell for negligence and breach of contract, leading Trussell to counterclaim for sanctions. Despite both parties acknowledging the necessity of an evidentiary hearing for the sanctions motion, none was conducted. The appellate court determined that Trussell waived its right to sanctions by failing to secure an evidentiary hearing and by participating in a non-evidentiary one. Consequently, the trial court's denial of the sanctions motion was affirmed.

SanctionsSummary JudgmentEvidentiary HearingWaiverTexas Civil ProcedureTexas Civil Practice and Remedies CodeWorkers' CompensationInsurance LitigationAppellate ReviewAbuse of Discretion
References
19
Case No. 13-08-00351-CV
Regular Panel Decision
Aug 31, 2009

Mitch Burkhart and Christine Burkhart v. Sedgwick Claim Management Services, Inc. and Concentra Integrated Services, and rgv/nueces Rehabilitation D/B/A Innovative Physical and Occupational Therapy

Mitch Burkhart sustained a foot and ankle injury while training for his employer, Verizon Communications. Verizon's workers' compensation claims were administered by Sedgwick Claim Management Services, Inc., who, along with Concentra Integrated Services, arranged a Functional Capacity Evaluation (FCE) for Burkhart with RGV/Nueces Rehabilitation d/b/a Innovative Physical and Occupational Therapy. The Burkharts alleged that the FCE aggravated Mitch's injury, causing permanent damage. They sued Sedgwick, Concentra, and Innovative, claiming negligence, civil conspiracy, assault, fraud, and breach of the duty of good faith and fair dealing. The trial court dismissed the case against Innovative for an inadequate expert report and granted summary judgment to Sedgwick and Concentra, citing the exclusive remedy provision of the Texas Workers' Compensation Act. The appellate court affirmed the trial court's judgment, concluding that Mitch's aggravation injury was an 'extension injury' covered by the exclusive remedy provision of the TWCA.

Workers' CompensationFunctional Capacity EvaluationExclusive RemedyAggravation InjurySummary JudgmentMedical Expert ReportHealth Care LiabilityCivil ConspiracyBreach of Duty of Good Faith and Fair DealingTexas Court of Appeals
References
23
Case No. 01-07-00999-CV
Regular Panel Decision
May 27, 2010

El Paso Field Services Management, Inc. v. Ernesto Lopez and Georgia Lopez

Ernesto and Georgia Lopez sued El Paso Field Services Management, Inc. for personal injuries arising from a work-related incident. A jury found El Paso 80% negligent and Mr. Lopez 20% negligent. The trial court rendered judgment on the verdict. El Paso appealed, raising issues concerning the 'borrowed employee' doctrine, proximate cause, and entitlement to a credit for workers' compensation benefits. The Lopezes cross-appealed regarding the sufficiency of evidence for Mr. Lopez's 20% negligence. The Court of Appeals affirmed the district court's judgment on all points, finding legally and factually sufficient evidence for the jury's findings and declining to alter the collateral-source rule.

Personal InjuryWorkplace AccidentNegligenceBorrowed Employee DoctrineProximate CauseWorkers' Compensation BenefitsCollateral Source RuleAppellate ReviewJury FindingsContract Law
References
18
Case No. 3-91-200-CV
Regular Panel Decision
Aug 12, 1992

McCelvey Jones v. Barry Couch, Anco Insurance Services of Texas, Inc., Anco Insurance Services of Bryan/College Station, Inc., Anco Insurance Services of Houston, Inc. & Anco Insurance Managers, Inc.

McCelvey Jones sued Barry Couch and Anco Insurance Services of Texas, et al., for tortious interference with a contract and a business relationship related to Jones's role as agent of record for King's Daughters Hospital and underwriter Myron F. Steves and Company. The district court granted summary judgment for the appellees. The Court of Appeals reversed, finding genuine issues of material fact regarding Couch's alleged tortious interference with a business relationship. Specifically, there was conflicting evidence about Couch's role and influence as a Board of Trustees member and chairman of an insurance committee, and whether his actions constituted 'malice' in the legal sense, defined as wrongful conduct without justification. The court highlighted a fact question regarding whether Couch violated the Hospital's by-laws by acting in a matter where he had a financial interest. The case is remanded for further proceedings.

Tortious InterferenceSummary JudgmentBusiness RelationshipContract InterferenceMaliceAgencyInsuranceTexas Court of AppealsFactual DisputeRemand
References
9
Case No. 3-93-672-CV
Regular Panel Decision
Oct 12, 1994

Employers Casualty Company Focus Healthcare Management, Inc. Genesys Cost Management Systems, Inc. Corporate Systems, Ltd. Employers National Risk Management Services, Inc. And Havis Wayne Dortch v. Texas Association of School Boards Workers' Compensation Self Insurance Fund El Paso I.S.D. Irving I.S.D. Hico I.S.D. And Aransas Pass I.S.D.

This is an interlocutory appeal from a district court order granting class certification. The Texas Association of School Boards Workers' Compensation Self-Insurance Fund and several independent school districts (appellees) sued Employers Casualty Company and other entities (appellants) alleging misrepresentation and breach-of-contract related to workers' compensation benefits and medical cost containment services. Appellants raised seven points of error regarding standing, the certification hearing, and the requirements of Texas Rule of Civil Procedure 42. The Court of Appeals affirmed the district court's order, finding that the Fund had standing, the class certification hearing was proper, and the class satisfied the prerequisites and maintenance criteria of Rule 42, particularly under Rule 42(b)(4) for predominance and superiority of common issues.

Class ActionClass CertificationInterlocutory AppealStandingNumerosityCommonalityTypicalityRepresentativenessRule 42Predominance
References
22
Case No. MISSING
Regular Panel Decision

In Re Labatt Food Service, L.P.

Carlos Dancy, Jr., an employee of Labatt Food Service, L.P., died from an apparent asthma attack while working. Dancy had signed an agreement to participate in Labatt's occupational injury plan, which included an arbitration clause binding the employee "individually and on behalf of heirs and beneficiaries." After Dancy's death, his parents and children filed a wrongful death action against Labatt. Labatt moved to compel arbitration, which the trial court denied. This Court considers whether the arbitration provision binds Dancy's wrongful death beneficiaries, even though they were not signatories. The Court holds that it does, as wrongful death claims under Texas law are entirely derivative of the decedent's rights and are subject to the same defenses. The Court conditionally grants Labatt's petition for writ of mandamus, directing the trial court to compel arbitration.

Wrongful DeathArbitration AgreementNonsignatoriesDerivative ClaimsTexas LawFederal Arbitration ActMandamus ReliefEmployer LiabilityOccupational Injury PlanIndemnity Clause
References
41
Case No. MISSING
Regular Panel Decision
Sep 26, 2005

Morales v. D & A Food Service

In this case, an order from the Supreme Court, Bronx County, affirmed the dismissal of a Labor Law § 240 (1) claim against defendant Gamillo M. Santomero, III, a landlord. The plaintiff was injured while performing repairs for defendant D & A Food Service, the tenant, without the landlord's knowledge or consent, in violation of the lease. The court ruled that the landlord, an out-of-possession owner, could not be held liable under Labor Law § 240 (1) due to the absence of a nexus between the owner and the worker. Precedent, including Abbatiello v Lancaster Studio Assoc., was cited to support the finding that an owner must have knowledge or consent of the work to be held liable, as the statute aims to place responsibility on those best able to control the workplace.

Summary JudgmentLabor Law § 240(1)Out-of-Possession OwnerLandlord LiabilityLack of KnowledgeConsent to WorkLease ViolationLadder FallNexus RequirementAppellate Affirmation
References
7
Case No. MISSING
Regular Panel Decision

Claim of Reese v. Sysco Food Services-Albany

The claimant, injured in 2007 while working for a food service company, initially received temporary partial disability payments for back and left hamstring injuries. A consequential injury to his right fifth metacarpal was later added to the claim. The Workers’ Compensation Board found that the claimant voluntarily removed himself from the labor market in May 2010 by not returning to a light duty assignment despite medical clearance. After further injuries and employment termination in 2012, the claimant sought an award for reduced earnings, arguing his current job was less demanding. Both the WCLJ and the Board denied this request, ruling that his reduction in earnings was not causally related to his compensable disability, a decision which was affirmed on appeal due to substantial evidence.

Reduced earningsVoluntary removal from labor marketLight duty assignmentCausally related disabilityWorkers' compensation appealBack injuryLeft lower extremity injuryRight fifth metacarpal fractureLeft knee problemsMedical clearance
References
5
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