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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

Cromwell General Contractor, Inc. v. Lytle

Cromwell General Contractor, Inc. appealed a Circuit Court judgment that granted workmen's compensation and medical expenses to Allen B. Lytle. The core issue was whether Lytle, a brick washer, was an employee or an independent contractor when he suffered an injury due to a scaffold collapse. The trial court deemed Lytle an employee, citing the defendant's right to control and terminate. However, the appellate court applied multiple tests, including control over work, method of payment (per job/thousand bricks), and who furnished tools and helpers. The Supreme Court found that Lytle largely operated independently, supplying his materials and labor, with limited supervision from Cromwell. Consequently, the court reversed the lower court's decision, classifying Lytle as an independent contractor, and dismissed the compensation claim.

Workers' CompensationIndependent ContractorEmployee StatusScaffold AccidentBrick CleaningControl TestRight of TerminationMethod of PaymentFurnishing ToolsTennessee Law
References
7
Case No. 03-02-00652-CV; 03-02-00693-CV
Regular Panel Decision
Apr 03, 2003

in Re Marble Falls Independent School District

This case concerns a challenge to the Marble Falls Independent School District's mandatory extracurricular activity drug-testing policy. Eddie Shell, on behalf of his minor children, argued the policy infringed upon their religious freedom, privacy rights, and due process under the Texas Constitution, citing the consumption of wine for religious observances. The trial court initially granted a temporary injunction against the school district. However, the Texas Court of Appeals, Third District, reversed this decision, finding that Shell failed to establish a probable right to recover. The appellate court concluded that the drug-testing policy did not violate constitutional provisions regarding religious freedom, due process, or privacy, as it was a neutral, generally applicable law rationally related to legitimate state interests in student safety and health.

Drug TestingExtracurricular ActivitiesReligious FreedomPrivacy RightsDue ProcessTexas ConstitutionTemporary InjunctionAbuse of DiscretionSchool PolicyAppellate Review
References
26
Case No. MISSING
Regular Panel Decision

Claim of Glaze v. Villa Manufacturing Co.

The court examined whether the decedent was an independent contractor, determining it was a factual question within the Workers' Compensation Board's purview. Evidence supported the independent contractor status, including the appellant’s field supervisor's testimony of no control over the decedent's work or hours, merely checking quality. Further proof included the decedent's bill for work, accepted payment via a non-payroll check without deductions, and the appellant's long-standing business practice of referring kitchen cabinet installations to subcontractors. Despite potential contrary inferences, the board's prerogative to credit its chosen evidence was upheld. Consequently, the decision appealed from and the order of the Appellate Division were reversed, reinstating the Workers' Compensation Board's original decision to disallow the claim.

Independent ContractorWorkers' CompensationQuestion of FactSubstantial EvidenceClaim DisallowanceAppellate ReviewEmployer ControlPayment MethodSubcontractors
References
2
Case No. 03-01-00491-CV
Regular Panel Decision
Apr 11, 2002

West Orange-Cove Consolidated Independent School District Coppell Independent School District La Porte Independent School District And Port Neches-Groves Independent School District v. Felipe Alanis, Texas Commissioner of Education The Texas Education Agency Carol Keeton Rylander, Texas Comptroller of Public Accounts And the Texas State Board of Education Alvarado I.S.D. Anthony I.S.D. Aubrey I.S.D. Bangs I.S.D.

Four Texas school districts, led by West Orange-Cove Consolidated Independent School District, appealed the dismissal of their action seeking a declaratory judgment that the state's school finance system is unconstitutional. The districts contended that the $1.50 tax cap had become a de facto floor, forcing them to tax at the maximum allowable rate to provide education, thereby constituting an unconstitutional state ad valorem tax. The appellate court affirmed the dismissal, ruling that the districts failed to state a viable cause of action because they did not allege they were forced to tax at the cap specifically to provide the constitutionally-mandated 'accredited education.' The court also found the claim unripe, emphasizing that the focus should be on whether the state's requirements forced a lack of meaningful discretion in setting tax rates for an accredited education, not on a desired level of education or the number of districts taxing at the cap.

School Finance ReformConstitutional ChallengeAd Valorem TaxationEducation FundingDeclaratory JudgmentAppellate JurisdictionRipeness DoctrineTexas Constitution Article VII, Section 1Texas Constitution Article VIII, Section 1-eProperty Tax Cap
References
30
Case No. 12-CV-8450 (JMF)
Regular Panel Decision
Jun 16, 2014

Saleem v. Corporate Transportation Group, Ltd.

Plaintiffs, a group of drivers for a black car business, sued the Defendants, a consortium of transportation and franchisor entities, alleging violations of the Fair Labor Standards Act (FLSA) and the New York State Labor Law (NYLL) for unpaid overtime. The central issue was whether the drivers should be classified as 'employees' or 'independent contractors.' The Court, after cross-motions for summary judgment, applied the economic reality test for FLSA and the control test for NYLL. The Court determined that, under both statutes, the drivers were independent contractors due to their control over their schedules, ability to work for competitors, significant business investments, and independent initiative. Consequently, the Defendants' motion for summary judgment was granted, and the case was dismissed.

Independent ContractorEmployee MisclassificationFLSANYLLBlack Car BusinessDriversSummary JudgmentEconomic Reality TestControl TestLabor Law
References
54
Case No. MISSING
Regular Panel Decision

Interstate Mechanical Contractors, Inc. v. McIntosh

Billy McIntosh sustained a severe hand injury while operating a power roller machine at Interstate Mechanical Contractors, Inc. He subsequently tested positive for marijuana, triggering a statutory presumption under Tennessee's Drug-Free Workplace Act that his drug use proximately caused the injury. The trial court, however, found that McIntosh successfully rebutted this presumption, concluding that the injury was proximately caused by an inexperienced coworker engaging the machine, not McIntosh's impaired reaction time. Interstate Mechanical Contractors, Inc. appealed this decision, arguing the trial court erred in its application of the statutory presumption and causation. The appellate court affirmed the trial court's judgment, upholding the finding that McIntosh had successfully rebutted the presumption.

References
10
Case No. CV-24-0287
Regular Panel Decision
Sep 25, 2025

In the Matter of the Claim of Lee Trickey

Claimant Lee Trickey was injured on a construction site while installing roof trusses for Black River Plumbing, Heating & Air Conditioning, Inc. He filed a personal injury action, while Black River's workers' compensation carrier sought to establish a workers' compensation claim, arguing Trickey was an employee. Trickey maintained he was an independent contractor. The Workers' Compensation Law Judge and the Board, citing the Construction Industry Fair Play Act (Labor Law § 861-c), found an employer-employee relationship. On appeal, the Appellate Division reversed, finding that the Board did not provide sufficient findings of fact regarding its assessment of the three-part ABC test to determine if Trickey was an independent contractor and whether the presumption of employment was rebutted, despite appearing to satisfy the last two prongs of the test. The matter was remitted to the Board for further proceedings to properly consider the ABC test.

Employer-Employee RelationshipIndependent ContractorConstruction Industry Fair Play ActLabor LawWorkers' Compensation BoardABC TestSubstantial EvidenceRemittalAppellate ReviewStatutory Presumption
References
3
Case No. MISSING
Regular Panel Decision
Dec 27, 2001

MacRo v. Independent Health Ass'n, Inc.

Plaintiffs Cheryl Macro and Kim Zastrow, insured under a group health contract with Independent Health through the Tonawanda City School District, initiated a class action in state court to challenge Independent Health's modification of infertility treatment coverage. Defendant Independent Health removed the case to federal court, asserting ERISA preemption. Plaintiffs moved to remand, arguing that their claims fell under New York Insurance Law, which is exempt from ERISA preemption by the saving clause, and that their health plan qualified as a 'governmental plan' also exempt from ERISA. The District Court granted the plaintiffs' motion, concluding that the claims were indeed saved from ERISA preemption and that the plan was exempt, thus rendering federal subject matter jurisdiction absent. The court accordingly remanded the case back to New York State Supreme Court.

Infertility CoverageHealth Insurance DisputesERISA PreemptionSaving ClauseGovernmental PlansRemoval to Federal CourtSubject Matter JurisdictionNew York Insurance LawClass Action LitigationEmployee Benefits Plan
References
31
Case No. 01-02-00542-CV
Regular Panel Decision
Dec 19, 2002

Michelle Ramirez, Ind. & on Behalf of the Estate of Jesus Ramirez v. Worthington Contractors, Inc.

Michelle Ramirez, individually and on behalf of her deceased husband's estate and their three minor children, appealed the trial court's summary judgment in favor of Worthington Constructors, Inc., Worthington Pavers, Inc., and David E. Worthington. This wrongful death action arose after Jesus Ramirez, a day laborer for Worthington's independent contractor, died from injuries sustained after falling from a pickup truck. Ramirez contended that Worthington retained control over the independent contractor and thus had a duty to provide a safe work environment for Ramirez. The appellate court affirmed the trial court's decision, finding that Worthington owed no legal duty to Ramirez because he was not an employee and Worthington did not retain control over the independent contractor or his employee. The accident occurred after work was finished and off the work site, not as a result of an unsafe work environment.

Wrongful deathSummary judgmentIndependent contractorEmployer liabilityDuty of careRight to controlWorkplace accidentAppellate reviewTexas lawSubcontractor
References
10
Case No. MISSING
Regular Panel Decision

Keith v. Blanscett

The case is an appeal from a summary judgment that found Willie Barr was an independent contractor, denying death benefits under a voluntary Workmen’s Compensation policy. Willie Barr died in an accident while transporting vehicles for Bi-Rite Auto Sales. The central legal question is whether Barr was an employee or an independent contractor, with the 'right of control' being the determinative test. The court analyzes several factors, distinguishing this case from others where workers were deemed independent contractors. It emphasizes that the right of control, even if not exercised, is key. Citing similar cases, the court concludes that Willie Barr was an employee of Bi-Rite Auto Sales for the purposes of the Compensation Act. Therefore, the summary judgment is reversed, and the case is remanded for a trial on the merits.

Workers' CompensationEmployment LawIndependent ContractorEmployee StatusRight of ControlDeath BenefitsSummary JudgmentTexas Appellate CourtEmployer LiabilityAutomobile Transport
References
9
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