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

Case No. 15-25-00012-CV
Regular Panel Decision
Mar 17, 2025

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

This is an interlocutory appeal from a denial-in-part of Appellants’ plea to the jurisdiction. Appellee filed an action against the State of Texas, TFC, HHSC, Executive Director Mike Novak of TFC, and Deputy Executive Commissioner for System Support Services Division of HHSC Rolland Niles alleging causes of action for breach of lease, ultra vires conduct related to the termination of the lease, and declaratory relief. Appellants argue that the trial court erred in denying their plea because Chapter 114 of the Texas Civil Practices and Remedies Code does not waive sovereign immunity for the State of Texas, HHSC, or TFC for breach of lease claims, and the lease is not a contract for goods or services covered by Chapter 114. Furthermore, Appellants contend that the Uniform Declaratory Judgments Act (UDJA) does not waive sovereign immunity for Appellee's declaratory judgment claim as it does not challenge the constitutionality or validity of a statute, and Appellee has not alleged a cognizable ultra vires claim against the state officials. Appellants seek reversal of the partial denial of their plea to the jurisdiction and dismissal of Appellee's claims.

Sovereign ImmunityBreach of LeaseDeclaratory JudgmentUltra ViresTexas Civil Practices and Remedies CodeTexas Government CodeAppellate ProcedureJurisdictionState AgenciesContract Law
References
44
Case No. No. 10-07-00064-CV
Regular Panel Decision
Sep 10, 2008

SSHG, LLC D/B/A Support Services Holdings Group and Legacy Support Services, LTD. v. Eric Ian Lewis

Eric Ian Lewis, an employee of SSHG, LLC, was injured on the job while using an electric hand planer. He sued his employer, a worker's compensation nonsubscriber, for negligence. A jury found for Lewis, and SSG appealed the judgment, arguing it had no duty to warn of obvious dangers and that Lewis's own negligence caused the injury. The appellate court affirmed the trial court's judgment, holding that the danger of using the planer on small pieces of wood without a jig was not obvious or commonly known to Lewis, thus SSG owed a duty to train and warn. The court also found the evidence legally sufficient to support the jury's negligence finding against SSG.

Workplace NegligenceEmployer LiabilityDuty to WarnSafe WorkplacePower Tool InjuryWorker's Compensation NonsubscriberProximate CauseContributory Negligence (defense denied)Jury Verdict AppealAppellate Court Decision
References
11
Case No. 15-25-00013-CV
Regular Panel Decision
May 07, 2025

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

Broadmoor Austin Associates leased office space to the Texas government, specifically the Texas Health and Human Services Commission (HHSC), through the Texas Facilities Commission (TFC). Rent has been unpaid for nearly two years due to alleged misconduct by state officials. Broadmoor asserts that sovereign immunity does not bar its claims for breach of contract, citing Chapter 114's express waiver for contracts involving construction and related services. Additionally, Broadmoor brings ultra vires claims against TFC Executive Director Mike Novak and HHSC Deputy Executive Commissioner Roland Niles, alleging their actions were beyond legal authority or a failure to perform ministerial duties. Broadmoor seeks prospective injunctive and declaratory relief to ensure these officials comply with state law, specifically regarding the availability of appropriated funds for the lease.

Sovereign ImmunityBreach of ContractUltra Vires DoctrineState AgenciesGovernment ContractsLease AgreementsLegislative AppropriationsExecutive AuthorityJudicial ReviewTexas Facilities Commission
References
69
Case No. MISSING
Regular Panel Decision

Ward v. Mid-South Home Service

Appellant Lewis Eugene Ward, an hourly-paid employee of Mid-South Home Service, sustained a knee injury while playing basketball at a customer's home during a work break. The injury occurred when the work crew was waiting for more concrete. The employer did not sponsor the recreational activity, and it was not customary or required as part of the employment. The trial judge ruled that the injury did not arise out of employment, a decision which the Supreme Court affirmed. The Court held that purely personal recreational activities, even if occurring during a paid break on a job site, do not fall within the scope of worker's compensation unless there is clear employer sponsorship, custom, or direct benefit to the employer.

Worker's CompensationScope of EmploymentRecreational ActivityInjury during BreakArising out of EmploymentCourse of EmploymentPersonal ActivityEmployer SponsorshipBasketball InjuryConstruction Worker
References
5
Case No. ADJ8212306
Regular
Oct 22, 2013

BELEN DOMINGUEZ vs. DEPARTMENT OF IN-HOME SUPPORTIVE SERVICES, Legally Uninsured, YORK INSURANCE SERVICES

This case involves a Petition for Removal filed by Belen Dominguez against the Department of In-Home Supportive Services. The Workers' Compensation Appeals Board has denied this petition. The Board adopted the reasoning of the workers' compensation administrative law judge's report. Therefore, the Petition for Removal is dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDeny removalLegally UninsuredYORK INSURANCE SERVICESIn-Home Supportive ServicesADJ8212306San Jose District OfficeAdministrative Law Judge
References
0
Case No. 03-10-00709-CV
Regular Panel Decision
Aug 31, 2011

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Green Tree Servicing, LLC appealed a post-answer default judgment concerning ad valorem taxes on mobile homes. The original suit was filed by Travis County and other entities against Conseco Finance Servicing Corporation, later substituted with Green Tree. Green Tree failed to appear at trial, resulting in a default judgment. Green Tree filed a motion for new trial, asserting its failure to appear was due to an accident or mistake (attorney transition) and that it had a meritorious defense, arguing that as a repossessing lienholder and not an owner, it was not liable for the taxes under Texas Tax Code Ann. § 32.07. The appellate court applied the Craddock test and found that Green Tree satisfied all three elements. The court adopted the interpretation that a repossessing lienholder is not considered an 'owner' under the tax code. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Post-answer default judgmentAd valorem taxesMobile homesLienholder liabilityProperty ownershipMeritorious defenseCraddock testNew trialStatutory interpretationTexas Tax Code
References
22
Case No. MISSING
Regular Panel Decision

Hyek v. Field Support Services, Inc.

Plaintiff Audra Hyek initiated an action against her former employer, Field Support Services, Inc. (FSSI), alleging gender discrimination under Title VII and the New York State Human Rights Law (NYSHRL). FSSI moved for summary judgment, which the court reviewed under the McDonnell Douglas burden-shifting framework. The court found that Plaintiff failed to establish a prima facie case of gender discrimination, specifically regarding disparate treatment in equipment, training, policy enforcement, or her termination compared to a male co-worker. Additionally, Plaintiff's hostile work environment claim was deemed abandoned due to her failure to address Defendant's arguments in opposition papers. Consequently, the court granted FSSI's motion for summary judgment, dismissing all of Plaintiff's claims.

Employment DiscriminationGender DiscriminationTitle VIINYSHRLSummary JudgmentDisparate TreatmentHostile Work EnvironmentMcDonnell Douglas FrameworkPrima Facie CasePretext
References
70
Case No. 01-95-01553-CV
Regular Panel Decision
Dec 05, 1996

Johnson v. Bethesda Lutheran Homes & Services

Ceola D. Johnson sued her employer, Bethesda Lutheran Homes and Services, for violating anti-retaliation law, alleging she was fired for filing a worker's compensation claim. The employer discovered Johnson had a prior felony conviction (securing execution of a check by deception) which she had not disclosed on her employment application. The employer was granted summary judgment based on the after-acquired evidence doctrine, contending they would not have hired her had they known of the conviction. The Court of Appeals reversed and remanded, holding that the after-acquired evidence doctrine limits damages in anti-retaliation claims (barring reinstatement and actual damages after discovery of the falsified application) but does not serve as an absolute bar to the lawsuit. The court identified outstanding questions of fact regarding whether the appellant knew her probation was a final criminal conviction, and the employer's hiring and firing intentions.

Employment LawAnti-Retaliation LawWorker's CompensationAfter-Acquired EvidenceSummary Judgment AppealFalsified ApplicationFelony ConvictionDamages LimitationCourt of Appeals DecisionUndisclosed Information
References
22
Case No. MISSING
Regular Panel Decision

Speer v. Presbyterian Children's Home & Service Agency

Georgette Speer and the Texas Commission on Human Rights (Commission) appealed a judgment favoring Presbyterian Children’s Home & Service Agency (PCHSA). Speer, who is Jewish, was denied a senior adoption worker position at PCHSA, which cited a policy of hiring only Christians. The plaintiffs alleged employment discrimination under the Texas Commission on Human Rights Act. The trial court found PCHSA to be a religious corporation, exempt under section 5.06(1) of the Act, and ruled in its favor. The appellate court affirmed this decision, agreeing that PCHSA qualified as a religious corporation and that the senior adoption worker role involved religious activities, making the discrimination lawful. Additionally, the court upheld the trial court's discretion in not awarding attorney's fees to PCHSA, concluding that the plaintiffs' claim was not frivolous.

Employment DiscriminationReligious ExemptionTexas Commission on Human Rights ActNonprofit OrganizationReligious CorporationFreedom of ReligionDiscrimination based on ReligionAppellate ReviewFactual InsufficiencyLegal Insufficiency
References
24
Case No. 08-18-00171-CV
Regular Panel Decision
Dec 12, 2019

APC Home Health Services Inc. v. Lucina Martinez

This case involves an interlocutory appeal from the denial of a motion to compel arbitration. Lucina Martinez, an employee of APC Home Health Services, Inc., sued her employer for negligence after sustaining a workplace injury. APC, a non-subscriber to workers' compensation, sought to enforce an arbitration agreement Martinez had signed. The appellate court found that APC successfully demonstrated the existence of a valid arbitration agreement and that the Federal Arbitration Act (FAA) applied. The court rejected Martinez's procedural unconscionability claims but remanded the issue of substantive unconscionability concerning a one-year time limit for claims to the trial court for further consideration. The case was reversed and remanded for arbitration under the agreement's terms, with the trial court to address the specific unconscionability point.

ArbitrationFederal Arbitration ActEmployment LawWorkplace InjuryNegligenceUnconscionabilityContract EnforcementInterlocutory AppealTexas LawWorker's Compensation Non-Subscriber
References
63
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