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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

Bass v. Waller County Sub-Regional Planning Commission

The Waller County Sub-Regional Planning Commission challenged the court's jurisdiction over an appeal filed by James Bass, Executive Director of the Texas Department of Transportation. The appeal concerned interlocutory orders from a district court, which included granting partial summary judgment to the Planning Commission and deferring a ruling on a plea to the jurisdiction by the Executive Director. The Executive Director argued for jurisdiction under Section 51.014(a)(8) of the Civil Practice and Remedies Code, asserting an implicit denial of his jurisdictional challenges. However, the appellate court concluded it lacked jurisdiction because the district court's explicit deferral of the jurisdictional ruling contradicted any implied denial, or alternatively, effectively vacated any such implied ruling. Consequently, the Planning Commission's motion was granted, and the appeal was dismissed.

interlocutory appealsubject-matter jurisdictiongovernmental immunityplea to the jurisdictionpartial summary judgmentTexas Civil Practice and Remedies CodeLocal Government Codemandamus reliefinjunctive reliefultra vires claims
References
26
Case No. Docket No. 2014-02-0064, State File No. 98848-2014
Regular Panel Decision
May 18, 2015

Hadzic, Admir v. Averitt Express

This interlocutory appeal concerns employee Admir Hadzic, a truck driver, who sought medical and temporary disability benefits for injuries sustained while lifting a cooler into his work truck. The employer, Averitt Express, denied the claim, asserting the injury was not work-related. The trial court denied benefits but controversially ruled that an affidavit was not required for an expedited hearing if the employee testified. The Appeals Board, upon review, determined that Tennessee regulations mandate affidavits for all expedited hearing motions, regardless of subsequent testimony. Consequently, the Board vacated the trial court's decision, finding it legally unsupported, and remanded the case for further proceedings. This ruling emphasizes strict adherence to procedural rules for efficient dispute resolution in workers' compensation claims.

Workers' CompensationInterlocutory AppealExpedited HearingAffidavit RequirementRegulatory InterpretationStatutory ConstructionProcedural RulesRemandVacatedEmployee Benefits
References
13
Case No. MISSING
Regular Panel Decision

Texas Mutual Insurance Co. v. Texas Department of Insurance

Texas Mutual Insurance Company appealed a district court's decision that granted a plea to the jurisdiction by the Texas Department of Insurance, Division of Workers’ Compensation. The core issues were whether the Division had exclusive jurisdiction over disputes concerning employers liability insurance coverage periods and if Texas Mutual's challenge to Division rule 110.1 was ripe for adjudication. The appellate court found that the Division does not hold exclusive jurisdiction over employers liability coverage disputes, especially when no workers' compensation benefits claim is pending. Furthermore, the court determined that Texas Mutual's challenge to rule 110.1 was indeed ripe for judicial review. Consequently, the appellate court reversed the district court's judgment and remanded the case for further proceedings consistent with its opinion.

JurisdictionExclusive JurisdictionEmployers Liability InsuranceWorkers' CompensationDeclaratory JudgmentAdministrative Procedure ActRule ChallengeRipenessCoverage DisputeStatutory Interpretation
References
36
Case No. NO. 14-13-00421-CV
Regular Panel Decision
Apr 24, 2014

Sheila Adams v. Golden Rule Service, Inc.

Sheila Adams, a nursing aide, sued her employer, Golden Rule Service, Inc., for injuries allegedly sustained while assisting a patient at Golden Rule's health care facility. The trial court dismissed the case because Adams failed to serve an expert report as required by the Texas Medical Liability Act (TMLA). Adams appealed, arguing her claims were not governed by the TMLA. The Fourteenth Court of Appeals affirmed the trial court's decision, concluding that Adams's claims were health care liability claims subject to the TMLA's expert report requirement, consistent with prior court precedents.

Health care liabilityTMLAExpert reportNegligenceEmployer liabilityMedical injuryWorkplace injuryTexas lawAppellate reviewDismissal
References
7
Case No. 2017-05-0869
Regular Panel Decision
Oct 16, 2019

Ailshie, Darrell v. TN Farm Bureau Federation

In this interlocutory appeal, employee Darrell Ailshie alleged head and neck injuries from a work accident, leading to a neurologist's opinion on permanent impairment. Employer TN Farm Bureau Federation sought to exclude parts of this testimony, arguing non-compliance with Tennessee Rules of Evidence 702 and 703. The trial court denied the motion, finding the doctor's opinions admissible. The Workers' Compensation Appeals Board affirmed the trial court's decision, concluding that the doctor's self-taught knowledge of the AMA Guides and inability to recall specific grade modifiers did not render her expert opinion inadmissible under the relevant statutes and rules.

Workers' CompensationMedical ImpairmentExpert WitnessAdmissibility of EvidenceNeurologyTraumatic Brain InjuryCervical InjuryAMA GuidesAbuse of DiscretionMotion in Limine
References
5
Case No. 03-99-00766-CV
Regular Panel Decision
Sep 14, 2000

Henry Schein, Inc. Easy Dental Systems, Inc. And Dentisoft, Inc. v. Shelly E. Stromboe, D.D.S. Alan B. Helig, D.D.S. Bart Presti, D.D.S. Kelly Presti And Jeanne N. Taylor, D.D.S. on Behalf of Themselves and All Others Similarly Situated

This is an interlocutory appeal from a trial court order certifying a class action against Henry Schein, Inc., Easy Dental Systems, Inc., and Dentisoft, Inc. The appellees, a group of dentists, allege defects in dental office management software, misrepresentations about technical support, and unsolicited software billing. The appellants contended that the trial court abused its discretion in certifying the class due to failures to satisfy prerequisites under Rule 42 of the Texas Rules of Civil Procedure. The appellate court affirmed the trial court's order, finding that common issues predominated over individual issues, and the class representatives met typicality and adequacy requirements, and Texas law was properly applied.

Class ActionInterlocutory AppealSoftware DefectsBreach of ContractBreach of WarrantyFraudulent MisrepresentationDeceptive Trade Practices ActPromissory EstoppelClass CertificationPredominance of Common Issues
References
33
Case No. MISSING
Regular Panel Decision

Becton Dickinson and Co. v. Usrey

This interlocutory appeal concerns the propriety of certifying a class action of Texas healthcare workers who sustained needlesticks from defectively designed syringes and needle-bearing medical devices manufactured by Becton Dickinson and Company and Sherwood Medical Company. The class sought reimbursement for post-needlestick testing costs, excluding claims for emotional distress or infection. The trial court certified the class, but the appellate court reversed this decision, concluding that common issues, particularly causation and comparative responsibility, do not predominate over individual issues as required by Rule 42 of the Texas Rules of Civil Procedure, especially under the more conservative approach mandated by Southwestern Refining Co. v. Bernal. The court found that needlestick injuries often involve unique circumstances, including the fault of the healthcare worker, employers, and third parties, which necessitate individual analysis. Furthermore, the trial court's proposed plan for handling individual comparative fault issues was deemed unfair and unduly restrictive.

Product LiabilityClass ActionNeedlestick InjuryHealthcare WorkersDefective DesignCausationComparative FaultRule 42Texas LawInterlocutory Appeal
References
25
Case No. MISSING
Regular Panel Decision

Keene Corp. v. Williams Bailey & Wesner, L.L.P. (In Re Keene Corp.)

Keene Corporation, in Chapter 11 bankruptcy, filed an adversary proceeding against 27 law firms, alleging they forced Keene into bankruptcy through fraudulent asbestos-related tort claims. The defendant law firms moved to withdraw the reference of this proceeding from the bankruptcy court to the district court, citing complex federal statutes (Antitrust and RICO) and a jury trial right. Defendant Levy Phillips & Konigsberg also appealed an interlocutory order denying its motion to dismiss a civil contempt proceeding. The District Court, presided over by Judge Kevin Thomas Duffy, denied the defendants' motion to withdraw the reference, deeming it premature, and dismissed LPK's interlocutory appeal, affirming the bankruptcy court's ruling on contempt. The court determined the adversary proceeding was non-core and did not warrant mandatory or discretionary withdrawal at this early stage.

Bankruptcy LawAdversary ProceedingWithdrawal of ReferenceInterlocutory AppealCivil ContemptAntitrust LawRICO ActAsbestos LitigationFederal JurisdictionCore vs. Non-Core Proceedings
References
25
Case No. MISSING
Regular Panel Decision

Employers Casualty Co. v. Texas Ass'n of School Boards Workers' Compensation Self-Insurance Fund

This case is an interlocutory appeal challenging a district court's order granting class certification to the Texas Association of School Boards Workers’ Compensation Self-Insurance Fund (the Fund) and several school districts. The Fund, representing past and present members, sued Employers Casualty Company and other servicing agents (defendants) for alleged misrepresentation and breach-of-contract regarding workers' compensation claims handling and medical cost containment services. The defendants raised points of error concerning standing, the certification hearing, and compliance with Texas Rule of Civil Procedure 42 prerequisites (numerosity, commonality, typicality, representativeness) and maintenance criteria. The appellate court affirmed the district court's decision, finding the Fund had standing, the hearing was properly conducted, and the class met the Rule 42 requirements for certification as a (b)(4) class.

Class ActionWorkers' CompensationSelf-Insurance FundInterlocutory AppealTexas Civil ProcedureRule 42StandingNumerosityCommonalityTypicality
References
15
Case No. 2014-03-0006
Regular Panel Decision
Apr 20, 2015

Scarbrough, Jeffrey v. Right Way Recycling, LLC

This case involves an interlocutory appeal where employee Jeffrey Scarbrough sustained injuries after falling from an excavator at Right Way Recycling, LLC. The employer denied the claim, citing the injury did not primarily arise out of employment and willful misconduct. The trial court ruled for the employee, ordering medical benefits and temporary disability. The Workers' Compensation Appeals Board affirmed this decision, finding sufficient evidence that the employee would likely prevail on compensability and that the employer failed to prove willful misconduct. The Board concluded that the employee's actions were within the scope of employment and found no established safety rule or bona fide enforcement to support the willful misconduct defense. The case was remanded for further proceedings.

Interlocutory AppealWorkers' Compensation Appeals BoardExcavator AccidentWillful Misconduct DefenseCourse and Scope of EmploymentTemporary Disability BenefitsMedical Benefits OrderEmployer LiabilityEmployee Injury ClaimTennessee Workers' Compensation Law
References
7
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