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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

What Happened in Felix vs. Weber Metals Reconsideration?

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

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

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. 12-13-00175-CV
Regular Panel Decision
Mar 18, 2015

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Guy Sparkman appealed the trial court's dismissal of his lawsuit against Microsoft Corporation and others. Sparkman alleged that Microsoft's representatives remotely accessed his computer and caused issues, which he believed was part of a scheme to coerce him into purchasing updated software. He filed a suit based on breach of contract, fraud, and violations of the Texas Deceptive Trade Practices Act. The trial court declared Sparkman a vexatious litigant and dismissed his suit for failing to furnish a required $7,500 security. On appeal, Sparkman raised six issues, including challenges to judicial authority and bias, the constitutionality of the vexatious litigant statute, and due process. The appellate court affirmed the trial court's judgment, overruling all of Sparkman's arguments.

Vexatious LitigantDismissalAppealConstitutional LawFirst AmendmentDue ProcessEqual ProtectionJudicial RecusalJudicial AuthorityPro Se Litigant
References
30
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

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

Can a WCJ Be Disqualified for Appearance of Bias?

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

What Were the Key Rulings in Torrez vs. SuperShuttle?

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. MDL 381
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

Defendants, manufacturers of Agent Orange, brought third-party actions against the United States government seeking indemnity and contribution for settlement payments made to veterans' wives and children. The government moved to dismiss these claims. The court reiterated that previous direct claims against the government by veterans, wives, and children were dismissed either by the Feres doctrine or for failure to prove a causal connection. The third-party plaintiffs and defendants concurred that Agent Orange causation could not be established with available evidence. Consequently, the court granted the government's motion, ruling that the Federal Tort Claims Act precludes recovery without government misfeasance, and dismissed all third-party claims against the government, along with any existing government claims against other parties.

Agent OrangeProduct LiabilityThird Party ActionIndemnityContributionFederal Tort Claims ActFeres DoctrineCausationMilitary VeteransClass Action Settlement
References
12
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

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. NO. 02-12-00517-CV
Regular Panel Decision
Nov 26, 2014

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Dallas Area Rapid Transit (DART) and Fort Worth Transportation Authority (the T) appealed a jury verdict in favor of Agent Systems, Inc. The core dispute involved a contract for validating fareboxes, which DART and the T eventually ceased work on, leading Agent Systems to file for Chapter 11 bankruptcy and later sue for damages under a termination for convenience clause. The appellate court reviewed issues regarding the standard of review, jury charge, sufficiency of evidence, and the award of prejudgment and postjudgment interest. The court affirmed the trial court's judgment on the merits, finding sufficient evidence that DART and the T breached the contract by improperly terminating it for default instead of for convenience. However, the court reversed and remanded for a recalculation of prejudgment and postjudgment interest, adjusting the rate from six to five percent and requiring the trial court to redetermine the accrual date.

Breach of ContractGovernment ContractTermination for ConvenienceTermination for DefaultJury Verdict ReviewSufficiency of EvidencePrejudgment InterestPostjudgment InterestContractual DisputeAdministrative Remedies
References
35
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

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
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