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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. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
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

American Train Dispatchers Ass'n v. Metro-North Commuter Railroad

Plaintiff American Train Dispatchers Association (ATDA) accused defendant Metro-North Commuter Railroad Company of violating the Railway Labor Act (RLA) by unilaterally implementing changes to work rules and conditions without prior union consultation. The changes concerned sick leave, vacation days, training time, work attire, and drug/alcohol testing. The court classified these disputes as either 'major' or 'minor' under the RLA. It found that the automatic requirement for doctor's certificates for sick days not contiguous to rest days, holidays, or vacation, and the new work attire policy constituted 'major disputes', and thus granted a permanent injunction to restore the status quo. However, the court deemed disputes over training time, single vacation days, and sick days contiguous to rest days/holidays/vacation as 'minor disputes', denying injunctive relief for these. The court also denied injunctive relief for random drug testing due to insufficient evidence, noting that the issue of drug testing as part of regular medical examinations was being addressed in a separate ruling.

Railway Labor ActMajor DisputeMinor DisputeInjunctive ReliefWork RulesSick Leave PolicyVacation PolicyTraining TimeDress CodeDrug Testing
References
14
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
Aug 04, 1993

Joint Apprenticeship & Training Council of Local 363 v. New York State Department of Labor

The plaintiff, Joint Apprenticeship and Training Council of Local 363 (JATC), sought a preliminary injunction to prevent the New York State Department of Labor (NYSDOL) from deactivating its status as a registered apprenticeship training program. JATC argued that deactivation procedures should mirror deregistration, requiring a hearing, and that the Fitzgerald Act provided a private right of action. The court denied the motion, finding no federal requirement for a hearing for deactivation and distinguishing it from deregistration, which has more severe consequences. Furthermore, the court concluded that the Fitzgerald Act does not create a private right of action for program sponsors. The court also found no irreparable harm to the plaintiff or its apprentices, as apprentices could transfer to other programs without losing credit, and the JATC program could re-register or continue unregistered.

Preliminary InjunctionApprenticeship ProgramDeactivationDeregistrationNew York State Department of LaborFitzgerald ActPrivate Right of ActionIrreparable HarmFederal RegulationsState Regulations
References
11
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
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