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

Case No. 04-24-00829-CV
Regular Panel Decision
Nov 26, 2025

Maria Veronica Galvan v. Hyatt Regency San Antonio and Hyatt Corporation

Maria Veronica Galvan appealed the trial court's judgment granting Hyatt Regency San Antonio and Hyatt Corporation's plea to the jurisdiction and motion to dismiss. Galvan sustained a compensable injury while working for Hyatt and disputed the extent of her injuries through the Texas Department of Insurance’s Workers’ Compensation division. After an ALJ and appeals panel both found against Galvan, she filed suit, which the trial court dismissed, deeming her petition untimely. The appellate court found that Galvan's petition for judicial review was timely filed within 45 days of the appeals panel's decision, as per the Texas Labor Code § 410.252(a). Consequently, the appellate court reversed the trial court’s judgment and remanded the case for further proceedings.

Plea to JurisdictionMotion to DismissJudicial ReviewTimeliness of PetitionWorkers' CompensationAdministrative RemediesAppeals Panel DecisionTexas Labor CodeExclusive Remedy ProvisionSubject-Matter Jurisdiction
References
10
Case No. ADJ9919242
Regular
Apr 04, 2017

JAMES KIRCHER vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration. The Board affirmed the finding that a firefighter sustained an industrial injury to his heart and circulatory system when he experienced atrial arrhythmias during a mandatory work treadmill test. Although the Agreed Medical Examiner initially stated he wouldn't term the event an "injury," he later opined the arrhythmias were work-related and caused in part by job stress, leading to the applicant being taken off work. The Board concluded this constituted an injury under the Labor Code, resulting in temporary disability.

Atrial arrhythmiasTreadmill stress testAgreed Medical ExaminerWork mandated health checkIndustrial injuryTemporary disabilityPermanent disabilityOccupational medicineCardiologyLabor Code section 3208
References
0
Case No. MISSING
Regular Panel Decision

San Antonio Building & Construction Trades Council v. City of San Antonio

The San Antonio Building and Construction Trades Council (SABTC) and individual representatives challenged the City of San Antonio regarding prevailing wage requirements for construction workers on a convention center hotel project. SABTC argued that Chapter 2258 of the Texas Government Code mandated prevailing wages, but the trial court denied this, finding that despite being a 'public work', no 'public funds' were used for its construction. The appellate court affirmed the trial court's judgment. It determined that public funds pledged as security for revenue bonds, or the bonds themselves, did not constitute public funds used for the 'construction' of the project under the relevant statute.

Prevailing Wage LawPublic WorksPublic FundsAssociational StandingLabor LawDeclaratory JudgmentTexas Government CodeRevenue BondsHotel Occupancy TaxStatutory Interpretation
References
16
Case No. 15-25-00093-CV
Regular Panel Decision
Sep 19, 2025

State of Texas v. City of San Antonio, Ron Niremberg, in His Official Capacity as Mayor of the City of San Antonio, and Erik Walsh, in His Official Capacity as City Manager of the City of San Antonio

The State sued the City of San Antonio, its Mayor, and its City Manager for ultra vires conduct under the Uniform Declaratory Judgments Act, seeking declarations that the City’s plan to spend taxpayer dollars on travel for out-of-state abortions violates the Texas Constitution’s Gift Clause. The district court granted the City’s plea to the jurisdiction, asserting the claim was not ripe, and dismissed the suit. The State argues that the City’s plan to fund out-of-state abortion travel violates the Gift Clause by lacking public benefit, failing to serve a public purpose, and not retaining public control over funds. The State contends that delaying judicial review would cause great hardship due to the imminent risk of constitutional injury from the disbursement of funds, which the City intended to expedite before SB 33's effective date or by the end of its fiscal year. The State asserts the case is ripe for review because the illegal activity is "likely to occur," and despite SB 33 prohibiting such funding, the City's belief it can disburse funds by September 30, 2025, keeps the controversy live.

Public Funds MisuseAbortion Travel FundingTexas Gift ClauseRipeness DoctrineUltra Vires ActConstitutional ChallengeState-City ConflictReproductive Rights PolicyTaxpayer MoneyInjunctive Relief
References
89
Case No. 04-11-00402-CV
Regular Panel Decision
Aug 29, 2012

City of San Antonio, and Its Agent, San Antonio Water System v. Albert Kevin Martin, A/K/A Kevin Martin

Albert Kevin Martin filed a whistleblower action against his former employer, San Antonio Water System (SAWS) and the City of San Antonio, alleging constructive discharge after reporting asbestos pipe disposal concerns to the Texas Commission on Environmental Quality (TCEQ). A jury initially found in Martin's favor, but SAWS appealed, disputing the causal link between Martin's report and his constructive discharge, and challenging the compensatory damages award. The appellate court affirmed the jury's finding of causation, concluding that SAWS's adverse actions were linked to Martin's whistleblowing, despite SAWS's alternative explanations. However, the court determined there was legally insufficient evidence to support the jury's award for past and future compensatory damages, particularly regarding mental anguish and chest pains, as the evidence presented did not meet the required legal standards for establishing such damages. Consequently, the appellate judgment was "AFFIRMED AS MODIFIED," deleting all references to compensatory damages from the trial court's judgment.

WhistleblowerConstructive DischargeRetaliationAsbestosEnvironmental ComplaintTCEQCausationCompensatory DamagesMental AnguishLegal Sufficiency
References
19
Case No. 04-14-00451-CV
Regular Panel Decision
Nov 26, 2014

Wheelabrator Air Pollution Control, Inc. v. City of Public Service Board of San Antonio, a Municipal Board of the City of San Antonio

Wheelabrator Air Pollution Control, Inc. appealed an order granting a plea to the jurisdiction on its attorney's fees claim in a breach of contract suit against the City of San Antonio acting through the City Public Service Board (CPS). The Fourth Court of Appeals in San Antonio, Texas, affirmed the trial court's decision. The court determined that Chapter 271 of the Texas Local Government Code, as applicable to the 2004 contract, did not waive governmental immunity for attorney's fees. Furthermore, the court rejected arguments that CPS waived immunity by seeking affirmative relief or engaging in a proprietary function. The appellate court concluded that the trial court properly granted the plea to the jurisdiction due to the absence of a clear and unambiguous waiver of immunity for attorney's fees.

Governmental ImmunityAttorney's FeesBreach of ContractPlea to JurisdictionTexas Local Government CodeChapter 271Waiver of ImmunityProprietary FunctionSubject Matter JurisdictionAppellate Review
References
20
Case No. 08-04-00179-CV
Regular Panel Decision
Aug 25, 2005

Francisco Garcia, Individually and as Next Friend of Francisco Garcia, Jr., and Kevin Garcia, Minor Children v. J. J. S. Enterprises, Inc., D/B/A/ PDQ Drive-In Grocery

Francisco Garcia, individually and as next friend for his minor children, Francisco Garcia, Jr. and Kevin Garcia (the Garcias), appealed the trial court's summary judgment in favor of J.J.S. Enterprises, Inc. (J.J.S. Enterprises). The case originated from the death of Rosario Michelle Garcia, who died during a robbery at her employer, PDQ Drive-In Grocery. Mrs. Garcia, a cashier, pursued a shoplifter against company policy, fell from a moving vehicle, and was fatally injured. The Garcias filed a wrongful death suit alleging negligence, but J.J.S. Enterprises moved for summary judgment citing a pre-injury waiver. The Court of Appeals affirmed the summary judgment, ruling the pre-injury waiver valid and enforceable, thereby barring the Garcias' lawsuit.

Wrongful DeathNegligenceSummary JudgmentPre-Injury WaiverOccupational Accident PlanNon-Subscriber EmployerTexas LawPublic PolicyFair NoticeActual Knowledge
References
21
Case No. 03-14-00726-CV
Regular Panel Decision
Oct 30, 2014

Texas San Marcos Treatment Center, L.P. D/B/A San Marcos Treatment Center v. Veronica Payton

Texas San Marcos Treatment Center appeals the trial court's denial of its motion to dismiss Veronica Payton's health care liability claim. Payton alleged negligence after being assaulted by a patient at the treatment center. The appellant argues that the expert report provided by Dr. William H. Reid is deficient, lacking factual support and specificity concerning the standard of care, its breach, and causation, as required by Chapter 74 of the Texas Civil Practices and Remedies Code. The appellant asserts the trial court abused its discretion by finding the report adequate and requests dismissal of the claims.

Medical MalpracticeExpert ReportMotion to DismissAbuse of DiscretionStandard of CareBreach of DutyCausationHealth Care Liability ClaimPsychiatric FacilityEmployee Assault
References
25
Case No. ADJ6481250 ADJ7453468
Regular
Jun 06, 2011

PUI HOY vs. HYATT REGENCY SAN FRANCISCO, LIBERTY MUTUAL 29073 GLENDALE

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, rescinded the prior decision, and returned the case for further medical record development. The WCAB found that the Administrative Law Judge's award of temporary disability benefits was not supported by substantial medical evidence due to ambiguities in the Agreed Medical Examiner's reports. Specifically, the reports lacked clear reasoning on causation, permanent and stationary dates, and the impact of the applicant's back and knee conditions on her ability to work. The matter is remanded for the WCJ to obtain a supplemental report from the examiner to clarify these critical issues.

Pui HoyHyatt Regency San FranciscoLiberty MutualPetition for ReconsiderationFindings of Fact and Awardtotally temporarily disabledtemporary disability indemnity benefitssubstantial medical evidenceAgreed Medical Examiner (AME)Peter Mandell
References
10
Case No. ADJ7390255
Regular
Jan 03, 2023

DARNELLA SCOTT STREET vs. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied reconsideration of a decision allowing a lien claim for an H-Wave machine. The applicant found more relief with the H-Wave than a TENS unit. The Agreed Medical Examiner opined that while not convinced the H-Wave was superior to other inferential stimulation units, it was superior to a TENS unit. The WCAB found the lien claimant met its burden of proof regarding the medical necessity of the H-Wave.

Workers' Compensation Appeals BoardSan Francisco Bay Area Rapid Transit DistrictAthens AdministratorsPetition for ReconsiderationWorkers' Compensation Administrative Law Judgesubstantial evidenceElectronic Waveform LabsH-WaveTENS unitinferential stimulation unit
References
5
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