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

Case No. 15-25-00102-CV
Regular Panel Decision
Jun 23, 2025

In Re Fort Bend County v. the State of Texas

Fort Bend County has filed a petition for writ of mandamus seeking to overturn a district court's orders. The district court denied Fort Bend County's plea to the jurisdiction and issued a temporary injunction. This injunction prohibits the disclosure of mental health records for Lauren Smith, a deceased paramedic, which Fort Bend County had sought to subpoena for an administrative workers' compensation hearing. Fort Bend County contends that the district court lacked subject matter jurisdiction to intervene in the administrative discovery process without exhaustion of administrative remedies and proper invocation of statutory subpoena enforcement procedures.

Workers' CompensationMandamusJurisdiction DisputeSubpoena EnforcementMedical PrivacyAdministrative LawTexas LawDiscoveryInjunctive ReliefMental Health Records
References
32
Case No. 14-17-00520-CV
Regular Panel Decision
Mar 21, 2019

Fort Bend County v. Melissa Ann Norsworthy

This dissenting opinion addresses a workers' compensation dispute between Fort Bend County, the carrier, and Melissa Ann Norsworthy, the widow of a deceased employee. The central issue revolves around the application of Texas Labor Code section 417.002, concerning a carrier's right to treat a third-party recovery as an advance against future benefits for multiple beneficiaries. The dissenting judge argues that the Supreme Court of Texas's judicial dicta in State Office of Risk Management v. Carty mandates a collective-recovery rule, requiring the aggregation of all beneficiaries' third-party recoveries. Consequently, the dissent contends that the trial court erred in granting summary judgment and ordering benefit payments to Norsworthy without applying this collective-recovery principle to offset future benefits. Therefore, the dissenting opinion concludes that Fort Bend County should be entitled to an advance against Norsworthy's future benefits based on the Carty precedent.

Workers' CompensationThird-Party RecoverySubrogation RightsFuture Benefits AdvanceCollective Recovery RuleJudicial DictaStatutory InterpretationTexas Labor CodeBeneficiary RightsSummary Judgment Appeal
References
5
Case No. 15-25-00061-CV
Regular Panel Decision
Apr 02, 2025

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Fort Bend County appeals a temporary injunction granted by a Harris County District Court, which prevents discovery of mental health records in an ongoing workers' compensation dispute. The underlying administrative case involves a claim for death benefits by Joshua Heiliger, whose spouse, Lauren Brittane Smith, was a paramedic. Heiliger asserts Smith's mental health condition and stress contributed to her death, thus placing her mental health at issue. The Division of Workers' Compensation's Administrative Law Judge (ALJ) issued a subpoena for Smith's mental health records from her psychiatrist, Dr. John Marcellus. Heiliger bypassed the administrative process by obtaining the injunction in District Court. Fort Bend County argues the District Court erred in interfering with the Division's exclusive jurisdiction and that Heiliger failed to exhaust administrative remedies or demonstrate irreparable injury, as Texas law provides a qualified privilege for mental health records with exceptions relevant to this case.

Workers' CompensationTemporary InjunctionDiscovery DisputeMental Health RecordsSubpoena EnforcementAdministrative Law JudgeExclusive JurisdictionExhaustion of Administrative RemediesQualified PrivilegePatient-Litigant Exception
References
53
Case No. 02-17-00448-CV
Regular Panel Decision
Mar 28, 2019

Texas Workforce Commission and the Texas Comptroller of Public Accounts v. Taufiq Ahmed Zikreel Ahmed Bank of America, N.A. Mayfair Station, LLC American Business Lending, Inc. Inland American Arlington Riverview Limited Partnership City of Fort Worth Fort Worth Independent School District Tarrant County Tarrant County College District Tarrant County Hospital District Tarrant Regional Water District And Unknown Members, Successors, and Assigns of Murray Investment Company

The Texas Workforce Commission and the Texas Comptroller of Public Accounts appealed a trial court's final judgment regarding the disbursement of excess proceeds from a tax-lien-foreclosure sale. They contended that the trial court erred by denying their motion for a new trial, asserting improper service of the petition to disburse excess proceeds and non-compliance with statutory notice requirements. The appellants successfully demonstrated that their nonappearance was due to accident or mistake and presented a meritorious defense. The Court of Appeals found that the trial court rendered its excess-proceeds judgment after insufficient statutory notice. Consequently, the judgment was reversed, and the case was remanded for a new trial.

Tax-lien foreclosureExcess proceeds disbursementStatutory noticeDefault judgmentMotion for new trialAppellate reviewCraddock elementsTexas Tax CodeCivil procedureDue process
References
8
Case No. 06-22-00022-CV
Regular Panel Decision
Nov 16, 2022

Cynthia Martin v. Hopkins County, Hopkins County Judge Robert Newsom, Hopkins County Commissioner Mickey Barker, Hopkins County Commissioner Greg Anglin, Hopkins County Commissioner Wade Bartley, and Hopkins County Commissioner Joe Price

Cynthia Martin raised ultra vires claims against Hopkins County officials regarding an agreement with a private company to build a solar power plant. Martin contended the agreement was a tax abatement under Texas Local Government Code Chapter 381, Section 381.004(g), which she argued did not comply with the Texas Tax Code provisions. The County and officials asserted the agreement was a grant of public money under Section 381.004(h), thus not governed by the Texas Tax Code. The trial court granted summary judgment in favor of the County. The Court of Appeals affirmed, concluding that the agreement was for a grant of public funds, not a tax abatement, because the developer was obligated to pay all ad valorem taxes, and the payments from the county were program grants calculated with reference to those paid taxes, not a reduction or nullification of the tax liability itself.

Ultra Vires ClaimsEconomic Development AgreementTax AbatementPublic Funds GrantTexas Local Government Code Chapter 381Texas Tax Code Chapter 312Summary JudgmentAppellate ReviewContract ConstructionStatutory Construction
References
39
Case No. 13-14-00293-CV
Regular Panel Decision
Feb 26, 2015

San Patricio County, Texas v. Nueces County, Texas and Nueces County Appraisal District

This is a reply brief filed by San Patricio County, Texas, in an appeal against Nueces County and Nueces County Appraisal District. The core issue revolves around unresolved boundary disputes between the two counties, leading to double taxation for industrial taxpayers like Occidental Petroleum Company. San Patricio County argues that the Nueces County District Court lacked jurisdiction and venue, and erred in granting summary judgment without determining the boundary line. They assert that the 2003 Judgment, which declared 'natural and artificial modifications to the shoreline of San Patricio County shall form a part of San Patricio County,' includes docks, piers, and similar facilities as part of their county, consistent with maritime law and riparian rights. The county seeks reversal of the trial court's decision, either for transfer back to a neutral Refugio County District Court, or for a judgment declaring the disputed properties within San Patricio County's jurisdiction, or for a remand to resolve factual issues concerning the boundary.

County Boundary DisputeJurisdictionVenueSummary JudgmentCollateral Attack2003 Judgment InterpretationShoreline ModificationsDocks and PiersRiparian RightsTaxation Dispute
References
23
Case No. 01–06–01157–CV; 03-CV-131585
Regular Panel Decision
Dec 20, 2007

Robert F. Green v. Fort Bend Independent School District

This is an appeal regarding a Texas Workers’ Compensation Commission (TWCC) decision concerning Robert F. Green's compensable back injury sustained while working for Fort Bend Independent School District (FBISD). The TWCC determined Green was disabled from August 17, 2002, to October 3, 2002. Green appealed, contending his disability period should extend to his maximum medical improvement date. The trial court affirmed the TWCC's decision. The appellate court further affirmed the trial court's judgment, concluding that the evidence factually supported the finding that Green's disability did not extend beyond October 3, 2002, irrespective of his maximum medical improvement date.

Workers' CompensationDisability PeriodMaximum Medical Improvement (MMI)Judicial ReviewEvidentiary RulingFactual SufficiencyBack InjuryTemporary Income BenefitsTexas Labor CodeAppellate Panel
References
5
Case No. 01-02-00675-CV
Regular Panel Decision
Dec 12, 2002

Ethel Mae Page v. Fort Bend Independent School District

Ethel Mae Page appealed a trial court's summary judgment in favor of Fort Bend Independent School District (FBISD) regarding her Texas Worker's Compensation Act claims. Page argued she was retaliatorily discharged after injuring her back and receiving worker's compensation benefits, claiming FBISD terminated her employment due to her claim. FBISD maintained that her termination was due to her exhaustion of 180 calendar days of temporary disability leave, a uniformly enforced absence-control policy. The Court of Appeals for the First District of Texas affirmed the summary judgment, finding that Page failed to establish a causal connection between her discharge and her worker's compensation claim, and that FBISD presented a legitimate, nondiscriminatory reason for termination which Page did not successfully controvert with evidence of retaliatory motive.

Worker's Compensation ActRetaliatory DischargeSummary Judgment AppealAbsence Control PolicyFamily Medical Leave ActLabor Code Section 451.001Causal ConnectionNondiscriminatory ReasonExhausted LeaveAppellate Review
References
7
Case No. 01-13-00052-CV
Regular Panel Decision
Sep 05, 2013

Fort Bend Independent School District v. Tyra P. Williams

Tyra Williams, an African-American teacher, sued her former employer, Fort Bend Independent School District, for unlawful employment practices under the Texas Commission on Human Rights Act (TCHRA), alleging race discrimination, hostile work environment, and retaliation. Williams claimed she experienced discriminatory treatment, excessive scrutiny, unwarranted discipline, and was replaced by a less qualified white teacher after taking leave. The District challenged the trial court's jurisdiction, arguing Williams failed to establish a prima facie case for discrimination or retaliation and did not exhaust administrative remedies for her hostile work environment and constructive discharge claims. The Court of Appeals found that Williams did not suffer an "adverse employment decision" for discrimination or retaliation purposes, as her transfers did not objectively worsen her employment conditions. The court also ruled that Williams failed to exhaust administrative remedies for her hostile work environment and constructive discharge claims, as they were not included in her EEOC charge or could not reasonably be expected to arise from its investigation. Therefore, the appellate court reversed the trial court's denial of the District's plea to the jurisdiction and rendered judgment dismissing the case due to lack of subject-matter jurisdiction.

Employment LawRace DiscriminationRetaliationHostile Work EnvironmentConstructive DischargeTexas Commission on Human Rights ActPrima Facie CaseSubject-Matter JurisdictionGovernmental ImmunityAdministrative Remedies
References
48
Case No. 23-0679
Regular Panel Decision
Sep 19, 2025

Fort Bend Independent School District v. Ken Paxton, Attorney General of the State of Texas

This case addresses the balance between public access to government information and the privacy rights of government employees, specifically concerning information stored on their private cell phones used for official business. Fort Bend Independent School District sought a ruling on the disclosure of phone records under the Texas Public Information Act, arguing for privacy protections. The Attorney General's office ruled that business-related information is subject to the Act, and the court of appeals affirmed. Justice Young concurred in denying the motion for rehearing, emphasizing that the request and ruling already account for redaction of personal and confidential information, thus mitigating immediate privacy threats in this specific instance. The opinion also questions the practice of requiring employees to use personal devices for official business without providing adequate equipment.

Public Information ActGovernment TransparencyEmployee PrivacyCell Phone RecordsFourth AmendmentTexas ConstitutionMotion for RehearingConcurring OpinionGovernment EmployeesPersonal Devices
References
11
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