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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

Escalante v. Luckie

Jorge Escalante, holder of promissory notes by American Teletronics, Inc. (ATI) and Bent Tree Group, Inc. (Bent Tree), was forced to liquidate his pledged certificates of deposit (CDs) to cover the companies' debts to MainBank. Escalante then sued ATI, Bent Tree, and four individual guarantors: John N. Stogner, Dal McKinney, D.D. Luckie, and Harry K. Myers, Jr. The trial court entered default judgments against ATI, Bent Tree, and McKinney, an agreed judgment against Stogner, and a judgment in favor of Luckie and Myers. Escalante appealed the judgment concerning Luckie and Myers. The appellate court affirmed the trial court's judgment for Luckie and Myers on their 1995 guarantee agreements related to Note 1 due to a lack of evidence linking them to Escalante's 1997 CD pledge. However, the court reversed and rendered judgment against Luckie and Myers on their guarantees for Notes 2 and 3, finding an implied assignment of the guarantees to Escalante and that these notes remained unpaid. The court also reversed and rendered judgment that Escalante is entitled to attorney's fees, remanding the case for the calculation of interest and reasonable attorney's fees.

Promissory NotesGuaranteesCollateral AccommodationCD LiquidationImplied AssignmentAttorney's FeesBreach of ContractContract InterpretationDemand NotesAppellate Review
References
18
Case No. 08-06-00077-CV
Regular Panel Decision
May 31, 2007

State Office of Risk Management v. Hector Escalante

The State Office of Risk Management (SORM) appealed a trial court's grant of a no-evidence summary judgment in favor of Hector Escalante. Escalante had suffered two work-related injuries and subsequently sought Supplemental Income Benefits (SIBS), which SORM disputed. Following administrative hearings, the Appeals Panel found Escalante qualified for SIBS for the disputed periods. SORM's appeal to the trial court was unsuccessful, leading to this current appeal. The Court of Appeals affirmed the trial court's judgment, concluding that SORM failed to present sufficient evidence to create a genuine issue of material fact against Escalante's qualification for SIBS.

Supplemental Income BenefitsSummary JudgmentImpairment RatingVocational RehabilitationCausationDisability BenefitsAppellate ReviewNo-Evidence MotionTexas Labor CodeAdministrative Appeals
References
5
Case No. 08-09-00228-CV
Regular Panel Decision
Aug 24, 2011

Hector Escalante v. State Office of Risk Management

This case involves an appeal by Hector Escalante against the State Office of Risk Management regarding supplemental income benefits (SIBs). Escalante contested a take-nothing judgment, arguing that the evidence was insufficient to support the jury's verdict that he was not entitled to SIBs for six disputed quarters. The core issues revolved around whether his unemployment was a 'direct result' of a May 1999 work-related injury and if he made a 'good faith effort' in vocational rehabilitation. The appellate court reviewed the legal and factual sufficiency of the evidence presented at trial, including conflicting medical reports and testimony. Ultimately, the court found sufficient evidence to support the jury's findings against Escalante and affirmed the trial court's judgment.

Supplemental Income BenefitsWorkers' CompensationImpairment RatingVocational RehabilitationDirect ResultGood Faith EffortJury VerdictLegal SufficiencyFactual SufficiencyWork-Related Injury
References
6
Case No. 03-10-00275-CV
Regular Panel Decision
Aug 31, 2011

Jorge Monroy v. Perla X. Monroy

Jorge Monroy appealed a district court's judgment concerning his divorce and a suit affecting the parent-child relationship. He challenged the division of the marital estate, the order for prospective and retroactive child support during his incarceration, and the award of attorney's fees. The Court of Appeals reviewed the trial court's decisions for abuse of discretion. The court affirmed the judgment, finding that Jorge failed to present evidence to counter Perla's testimony regarding income and asset values, and that the trial court's actions were supported by the record.

DivorceChild SupportMarital EstateProperty DivisionAttorney's FeesIncarcerationRetroactive Child SupportFamily ViolenceAbuse of DiscretionTexas Law
References
15
Case No. 01-22-00071-CV
Regular Panel Decision
Nov 08, 2022

City of Houston v. Martha Vogel and Maria Escalante

This is an interlocutory appeal by the City of Houston challenging the trial court’s denial of its plea to the jurisdiction in a negligence suit filed by Martha Vogel and Maria Escalante. The appellees alleged negligence following a traffic accident with a City of Houston Fire Department ambulance driven by EMT J. Brooks, seeking over $2,500,000 in personal-injury damages. The City asserted governmental immunity, arguing that its employee, EMT Brooks, was entitled to official immunity and that the Texas Tort Claims Act's (TTCA) 'Emergency Exception' and '9-1-1 Emergency Service' exception applied. The Court of Appeals reviewed the trial court's ruling de novo, taking into consideration the jurisdictional evidence presented by both parties. The court ultimately found that the City conclusively established that it retained its governmental immunity under the '9-1-1 Emergency Service' exception to the TTCA because Vogel and Escalante failed to present evidence raising a genuine issue of material fact as to a violation of the law by EMT Brooks or reckless disregard. Consequently, the appellate court reversed the trial court’s order and rendered judgment dismissing the suit for want of jurisdiction.

Governmental ImmunityTexas Tort Claims ActPlea to JurisdictionEmergency Exception9-1-1 Emergency Service ExceptionOfficial ImmunityReckless DisregardMotor Vehicle AccidentAmbulance CollisionTraffic Accident
References
31
Case No. 13-19-00374-CV
Regular Panel Decision
Apr 22, 2021

JNM Express, LLC, ANCA Transport, Inc., Omega Freight Logistics, LLC, Jorge Marin, and Silvia Marin v. Lauro Lozano Jr. and Irene Lozano

Lauro Lozano Jr. and Irene Lozano sued JNM Express, LLC, ANCA Transport, Inc., Omega Freight Logistics, LLC, Jorge Marin, and Silvia Marin for negligence and gross negligence. The suit stemmed from a May 2015 eighteen-wheeler accident where Lauro fell asleep at the wheel, allegedly due to appellants' insistence on violating federal driver fatigue regulations. A jury found the businesses negligent and grossly negligent, awarding significant actual and exemplary damages to the Lozanos. The trial court subsequently reduced the exemplary damages. On appeal, the Thirteenth District of Texas affirmed most of the judgment but reversed the portion holding Jorge and Silvia Marin jointly and severally liable for exemplary damages, citing statutory restrictions on joint liability for such awards.

Trucking accidentCommercial motor vehicleDriver fatigueNegligenceGross negligenceCorporate veil piercingJoint and several liabilityExemplary damagesFederal Motor Carrier Safety RegulationsTexas Court of Appeals
References
37
Case No. 03-23-00398-CV
Regular Panel Decision
Jan 24, 2025

Jorge Arellano v. Magdaleno Villegas

Jorge Arellano appealed a default judgment and the denial of his motion for new trial following an automobile collision where he was intoxicated. The appellate court affirmed the denial of a new trial, finding Arellano's motion lacked a meritorious defense as required by Craddock. While upholding the awards for lost wages, medical expenses, and pain and suffering, the court determined there was insufficient evidence for damages related to mental anguish and physical impairment. Consequently, the appellate court reversed the awards for mental anguish, physical impairment, and exemplary damages, remanding these specific issues for a new trial, while affirming the remainder of the judgment.

Default JudgmentNew Trial MotionEvidentiary SufficiencyUnliquidated DamagesMental AnguishPhysical ImpairmentExemplary DamagesLost WagesMedical ExpensesPain and Suffering
References
39
Case No. 08-20-00015-CV
Regular Panel Decision
Sep 28, 2022

Jorge L. Hernandez v. King Aerospace

This case involves an appeal regarding whether plaintiff-worker Jorge L. Hernandez was an "employee" of King Aerospace under the Texas Workers’ Compensation Act's exclusive-remedy provision, which would bar his personal injury claim. A jury initially found Hernandez was not an employee, awarding him over a million dollars. However, the trial court disregarded the jury's verdict, concluding Hernandez was King's employee and entered a take-nothing judgment. The Court of Appeals reviewed the trial court's decision, finding the procedural question of error in deciding the issue was not preserved. Ultimately, the appellate court concluded that a genuine issue of material fact existed regarding Hernandez's employment status, which the jury had resolved against King. Therefore, the court reversed the trial court's judgment and remanded the case to reinstate the jury's verdict in favor of Hernandez.

Workers' Compensation ActExclusive Remedy ProvisionEmployee StatusIndependent ContractorRight to ControlJury VerdictDirected VerdictJudgment Notwithstanding the VerdictAppellate ReviewTexas Law
References
33
Case No. CV-23-2141
Regular Panel Decision
Mar 27, 2025

In the Matter of the Claim of Jorge Ferra

Claimant Jorge Ferra, a sound engineer, was injured in a motor vehicle accident while traveling for his employer. A toxicology screening showed he was legally intoxicated. The employer and carrier argued that intoxication was the sole cause, making the claim non-compensable under Workers' Compensation Law § 10 (1). The Workers' Compensation Board affirmed a WCLJ's decision, finding that the carrier failed to prove intoxication was the *sole* cause, as a third vehicle striking claimant's car also contributed to the accident. The Appellate Division affirmed the Board's decision, emphasizing that driving while intoxicated does not inherently constitute a deviation from employment, and the employer bears a heavy burden to overcome the statutory presumption that injuries were not *solely* due to intoxication.

Workers' CompensationIntoxication DefenseMotor Vehicle AccidentSole Cause of InjuryDeviation from EmploymentCompensabilityBlood Alcohol ContentAppellate ReviewStatutory PresumptionEmployer Liability
References
14
Case No. CV-22-2146
Regular Panel Decision
Mar 21, 2024

In the Matter of the Claim of Jorge Leon

Claimant Jorge Leon, a construction laborer, sought workers' compensation benefits for neck, back, shoulder, hip, knee, and ankle injuries sustained on November 5, 2021, after falling into a hole at work while carrying rebar. The employer and carrier controverted the claim, disputing notice and compensability. A Workers' Compensation Law Judge established the claim for neck and back injuries, which the Workers' Compensation Board affirmed, crediting the claimant's testimony. The Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding it was supported by substantial evidence and that the Board's credibility determinations were final.

Workers' CompensationAccidental InjuryArising Out of EmploymentCourse of EmploymentNotice of InjuryWitness CredibilitySubstantial EvidenceAppellate ReviewNeck InjuryBack Injury
References
7
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