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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

Delaney v. Viking Freight, Inc.

Plaintiffs James D. Delaney and Patricia L. Delaney moved to remand their case to state court, challenging the removal by Defendants Viking Freight, Inc. and Central Freight, Inc. Plaintiffs argued the removal was untimely, the action arose under state worker’s compensation laws, and it presented an unsettled question of state law. The court focused on the timeliness of the removal, specifically whether Defendants filed their notice within 30 days of first ascertaining fraudulent joinder of Central Freight. Defendants contended that the 30-day period started on October 13, 1998, when Plaintiffs' counsel voluntarily admitted Central Freight was not a proper party. However, the court found Defendants knew of the fraudulent joinder by July 8, 1998, through their amended answer, or alternatively by September 8, 1998, upon receipt of James Delaney's deposition transcript. Consequently, the court determined the removal notice was not timely filed and GRANTED Plaintiffs' motion to remand the case to the 6th Judicial District Court of Lamar County, Texas.

Remand MotionTimeliness of RemovalFraudulent JoinderDiversity JurisdictionFederal Court AbstentionWorker's Compensation Laws30-Day Removal PeriodVoluntary-Involuntary RuleOther Paper Rule (§ 1446(b))Subjective Knowledge
References
18
Case No. 13-05-256-CV
Regular Panel Decision
Aug 24, 2006

Clark Freight Lines, Inc. v. Liberty Insurance Corporation

Clark Freight Lines, Inc. appealed the trial court's dismissal of its declaratory-judgment action against Liberty Insurance Corporation. The dispute concerned a billing discrepancy over a workers' compensation insurance policy issued by Liberty to Clark Freight. The trial court had dismissed the action, agreeing with Liberty's plea in abatement, which argued Clark Freight failed to exhaust administrative remedies in Arkansas. The Thirteenth District of Texas Court of Appeals reversed this decision, finding that the Arkansas Insurance Department's communication indicated litigation was the only available recourse, making further administrative exhaustion futile. The case was therefore remanded for further proceedings consistent with this opinion.

Declaratory JudgmentWorkers' Compensation InsuranceAdministrative RemediesExhaustion of RemediesPlea in AbatementArkansas LawAppellate ReviewBilling DisputeInsurance PolicyCourt of Appeals
References
4
Case No. MISSING
Regular Panel Decision

Pease v. Anchor Motor Freight

Claimant, a truck driver for Anchor Motor Freight since 1969 and owner of a construction business since 1973, injured his back in 1976. A dispute arose regarding the calculation of his average weekly wage for workers' compensation, with claimant advocating for the "200 multiple" method under Workers’ Compensation Law § 14 (3). Anchor Motor Freight argued against this, citing claimant's voluntary limitation of employment due to his construction business. The Workers’ Compensation Board and the appellate court affirmed that claimant voluntarily limited his employment with Anchor, thus his average weekly wage should be based on actual earnings rather than the 200 multiple method. The court further clarified that conflicting dual employments where one limits availability for the other constitutes a voluntary limitation.

Average Weekly Wage CalculationVoluntary Limitation of EmploymentDual Employment ConflictWorkers' Compensation Law § 14(3)Disability ApportionmentPart-Time EmploymentConcurrent EmploymentEmployer Payroll RecordsUnion Rules ImpactJudicial Affirmation
References
4
Case No. 2023-08-5024
Regular Panel Decision
Apr 17, 2025

Steel v. TForce Freight, Inc.

The claimant, Terry Steel, sought workers' compensation benefits from TForce Freight, Inc. for work-related injuries. TForce Freight, Inc. disputed the claim, asserting Steel was an independent contractor. The trial court initially dismissed the case due to Steel's failure to prosecute and taxed a filing fee to TForce. TForce appealed the assessment of the filing fee, arguing it was not proven to be the employer. The Appeals Board reversed the trial court's order regarding the filing fee, modifying it to reflect that no fee is taxed, as there was no evidence or acknowledgment of an employer-employee relationship to justify the assessment against TForce. The remainder of the trial court's order was affirmed.

Workers' CompensationIndependent ContractorEmployer-Employee RelationshipFiling FeesDismissalFailure to ProsecuteAppellate ReviewStatutory InterpretationAdministrative RegulationsBurden of Proof
References
5
Case No. MISSING
Regular Panel Decision

Damron v. Yellow Freight System, Inc.

Leroy Damron sued Yellow Freight System, Inc. for employment discrimination under the ADEA and Title VII, alleging age and national origin discrimination, alongside retaliation, after being terminated as a casual truck driver. Damron's national origin claim was based on his "tax protester" activities, specifically his attempt to revoke his Social Security number, arguing foreign aliens were preferred. The court granted summary judgment for Yellow Freight, dismissing Damron's failure-to-hire/promote claims as time-barred due to late EEOC filing and finding no basis for equitable doctrines. It further ruled that national origin discrimination does not encompass claims solely based on U.S. citizenship or the legally required use of Social Security numbers. Finally, Damron's race and age discrimination claims lacked evidence, and his retaliation claim failed as the adverse employment action predated his protected activities, leading to the dismissal of his entire complaint with prejudice.

Employment DiscriminationAge Discrimination in Employment ActTitle VII Civil Rights ActNational Origin DiscriminationRetaliationSummary JudgmentTax ProtesterSocial Security Number DisputeCasual Truck DriverTime-Barred Claims
References
105
Case No. MISSING
Regular Panel Decision

Reeser v. Yellow Freight System, Inc.

The employee, William R. Reeser, Jr., a 63-year-old long-distance truck driver for Yellow Freight System, Inc., suffered a stroke after driving through severe ice storm conditions in February 1994. The Circuit Court of Overton County found him permanently and totally disabled, concluding that the stress from his employment precipitated the stroke. Yellow Freight System, Inc. appealed this finding. The Supreme Court reviewed the evidence, including conflicting medical testimonies regarding causation and extensive lay testimony on the "horrendous" driving conditions. Ultimately, the Supreme Court affirmed the trial court's judgment, finding ample evidence to support the conclusion that the unusual and abnormally stressful employment conditions precipitated the employee's stroke, satisfying the causation requirement for workers' compensation benefits.

Stroke InjuryEmployment CausationStress-Related DisabilityTrucking IndustryHazardous Weather ConditionsPermanent Total DisabilityWorkers' Compensation AppealMedical Opinion ConflictPre-existing Medical ConditionAppellate Affirmation
References
9
Case No. MISSING
Regular Panel Decision

International Freight Forwarding, Inc. v. American Flange

This case involves American Flange ("American") suing International Freight Forwarding ("IFF") for damages due to IFF's failure to deliver steel plugs to American's Mexican buyer, Tri-Sure. After a bench trial, the trial court found in favor of American, awarding $20,620.00 in damages plus attorney's fees and court costs. IFF appealed, challenging the trial court's denial of its motion to dismiss for lack of standing and its findings regarding bailment, invoice alteration, necessary documentation, and damages. The appellate court affirmed the trial court's judgment, concluding that title to the goods revested in American upon Tri-Sure's refusal of delivery, thereby establishing American's standing. The court also upheld the existence of a bailment between American and IFF and found sufficient evidence to support the trial court's findings on documentation, functionality of the plugs, and the amount of damages for conversion.

BailmentConversionStandingCommercial LawUniform Commercial CodeContract LawDamagesAppellate ReviewFindings of FactConclusions of Law
References
34
Case No. MISSING
Regular Panel Decision

Byrd v. Central Freight Lines, Inc.

Stephen Bradley Byrd appealed a "take nothing judgment" in his personal injury suit against his employer, Central Freight Lines, Inc., which lacked workers' compensation insurance. The jury found both parties 50% negligent and awarded limited damages. Byrd challenged the factual sufficiency of the damage award and the submission of comparative negligence questions. The appellate court affirmed the lower court's judgment, ruling that Byrd waived his challenge to damages by moving to accept the verdict and that comparative negligence is applicable in cases against non-subscribing employers, citing Texas Supreme Court precedent.

Personal InjuryNegligenceComparative NegligenceWorkers' Compensation ActNon-subscriber EmployerWaiver of ErrorDamages AwardFactual SufficiencyAppellate ReviewTexas Law
References
5
Case No. MISSING
Regular Panel Decision

Karian v. Anchor Motor Freight, Inc.

Plaintiff, a mechanic for M&G Convoy, Inc., was severely injured when an M&G employee, unaware of plaintiff's presence, moved a tractor-trailer plaintiff was working on at Anchor Motor Freight, Inc.'s terminal. A jury found Anchor 80% negligent and M&G 20% negligent under common-law negligence and Labor Law § 200, awarding $5,000,000. Anchor later settled with the plaintiff for $1,999,500, with M&G waiving its workers' compensation lien. The appellate court reviewed the apportionment of liability, finding sufficient evidence for negligence by both Anchor and M&G. The court determined the jury's apportionment was against the weight of the evidence and directed a new trial on liability apportionment unless parties stipulated to 80% liability for M&G and 20% for Anchor; Harold Henderson's appeal was dismissed.

Workers' Compensation LienCommon-Law NegligenceLabor Law § 200Apportionment of LiabilityJury Verdict ReviewSafe Place to Work DoctrineThird-Party ActionSettlement AgreementProximate CauseEvidentiary Rulings
References
18
Case No. MISSING
Regular Panel Decision

Claims of Lee v. Eastern Freight Ways, Inc.

Eastern Freight Ways and Eastern Express, both self-insured employers, faced bankruptcy and had outstanding workers' compensation claims. They were covered by various surety bonds which stipulated continuing responsibility for obligations arising both before and during the bond's term, with limited termination rights for future claims. The Workers’ Compensation Board ruled that the surety active at the time of the accident was liable, especially when multiple sureties covered a single claim. Appellants argued this ruling conflicted with Workers' Compensation Law § 50, which they claimed did not differentiate between surety bonds and posted securities. However, the court affirmed the Board’s decision, reasoning that the statute's primary goal is to ensure financial resources for compensation, the bond language established clear overlapping liability, and there's a fundamental distinction between tangible securities and a surety's financial guarantee.

Workers' CompensationSelf-insured EmployerSurety BondsBankruptcyOverlapping LiabilityStatutory InterpretationInsurance LawFinancial ResponsibilityAppellate ReviewNew York Law
References
1
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