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

Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. MISSING
Regular Panel Decision

STATE OFFICE OF RISK MANAGEMENT v. Allen

Jerome D. Allen, a juvenile correction officer, was injured in March 2004 during employment. The State Office of Risk Management (SORM), administrator of workers' compensation, accepted head and shoulder injuries but disputed a lower back injury. A contested case hearing and subsequent appeals panel both found Allen's compensable injury extended to his lower back. SORM sought judicial review, and a jury also found in Allen's favor. SORM appealed, arguing the trial court erred in admitting hearsay evidence (a hearing officer's decision and order) and that the verdict was factually insufficient. The appellate court found any error in admitting the decision and order harmless, as the evidence was cumulative and also presented through SORM's own expert witness. The court also found the evidence factually sufficient to support the jury's verdict, noting Allen's testimony about new back pain symptoms post-injury and the compensability of aggravating a pre-existing condition. The trial court's judgment was affirmed.

Workers' CompensationAppellate ReviewHearsay EvidenceFactual SufficiencyJury VerdictCompensable InjuryLower Back InjuryPre-existing ConditionMedical RecordsChiropractor Testimony
References
6
Case No. 03-15-00642-CV
Regular Panel Decision
Nov 09, 2015

Travis County Sheriff's Office Senior Certified Peace Officer Dennis Tumlinson v. Carolyn Barnes

Carolyn Barnes sued Officer Dennis Tumlinson, a Travis County Sheriff’s Office Senior Certified Peace Officer, and other Travis County employees, alleging civil and constitutional rights violations, conspiracy, assault, and perjury. Barnes sought monetary damages, injunctive relief, and a declaratory judgment. The Travis County Defendants, including Tumlinson, filed a motion to dismiss for lack of subject matter jurisdiction. The trial court granted dismissal for most defendants but denied it for Officer Tumlinson. This document is Officer Tumlinson’s appeal, arguing that the trial court erred in denying his motion to dismiss. The appellant asserts that the court lacks jurisdiction and that he is entitled to immunity based on affirmative defenses of official immunity, statute of limitations, and res judicata. The brief details the history of Barnes's arrests and prior lawsuits against various entities and individuals in Travis and Williamson Counties, framing the current case as a malicious prosecution and collateral attack on criminal judgments.

Official ImmunityQualified ImmunitySubject Matter JurisdictionStatute of LimitationsRes JudicataCivil Rights ViolationsConstitutional RightsFalse ArrestMalicious ProsecutionAggravated Perjury
References
132
Case No. 07-07-0288-CV
Regular Panel Decision
May 28, 2009

State Office of Risk Management v. Rachel Leigh Herrera, Victoria Danielle Herrera, Matthew Ryen Herrera, Kelcey Mercedes Dena Herrera, Care'n Destiny Herrera, Beneficiaries of Jose Arturo Herrera, And Texas Municipal League Intergovernmental Risk Pool

The State Office of Risk Management (SORM) appealed the trial court's dismissal of its lawsuit seeking judicial review of an appeals panel decision, which found SORM responsible for paying death benefits to the beneficiaries of deceased police officer Jose Herrera. Officer Herrera died in the line of duty, and SORM denied liability, arguing he was employed by the City of Friona, a self-insured entity, not the State. The trial court dismissed SORM's suit because SORM failed to timely name the City of Friona as a defendant within the statutory 40-day period. The appellate court affirmed the dismissal, ruling that the City of Friona was an indispensable party and the 40-day limitations period was not tolled for misidentification of parties. The court also upheld the award of attorney's fees to certain Herrera defendants, deeming SORM's claims against them to be without foundation.

Workers' CompensationJudicial ReviewInsurance Carrier LiabilitySubject Matter JurisdictionIndispensable PartyAttorney's FeesStatutory BeneficiariesMisidentification of PartiesAppellate Court DecisionTexas Labor Law
References
20
Case No. MISSING
Regular Panel Decision
May 21, 2015

Jamie Harvel and the Austin Police Association v. Texas Department of Insurance - Division of Workers' Compensation, and Commissioner Rod Borderlon, in His Official Capacity

Officer Jamie Harvel, an Austin Police Officer, was injured in a car accident while traveling to a temporary work assignment. The City of Austin, a self-insured entity, denied his workers' compensation claim, a decision upheld by the Division of Workers' Compensation. Harvel and the Austin Police Association sought judicial review and declaratory judgments regarding the scope of employment for peace officers and employer-directed travel. Appellees (the Division and Commissioner) filed a plea to the jurisdiction, which the trial court granted, leading to this interlocutory appeal. The appellate court affirmed the trial court's decision, finding that sovereign immunity barred the declaratory relief claims as they sought interpretation of rights under a statute rather than challenging a statute's validity, and the declaratory judgment claims were duplicative of the judicial review action. The Association's claims also lacked a justiciable controversy.

Workers' CompensationSovereign ImmunityPlea to the JurisdictionDeclaratory Judgment ActScope of EmploymentJudicial ReviewInterlocutory AppealTexas LawPolice OfficerTravel
References
17
Case No. MISSING
Regular Panel Decision

Casillas v. State Office of Risk Management

Manny Casillas, an employee, sought lifetime income benefits for job-related injuries, claiming total loss of use of both hands, a claim denied by the Texas Workers’ Compensation Commission. He subsequently filed for judicial review, prompting the State Office of Risk Management (SORM) to move for a no-evidence summary judgment. Casillas opposed this with an EMG/NCV report and affidavits from himself and his treating chiropractor, Dr. Manuel Moreno. The appellate court first affirmed its jurisdiction, addressing SORM's challenge regarding compliance with statutory judgment filing requirements. Ultimately, the court concluded that Dr. Moreno's affidavit, based on his long-term treatment and expertise, provided sufficient evidence to create a genuine issue of material fact regarding Casillas's condition. Consequently, the appellate court reversed the summary judgment and remanded the case for further proceedings.

Workers' Compensation ActLifetime Income BenefitsNo-Evidence Summary JudgmentCarpal Tunnel SyndromeMedical Evidence AdmissibilityJurisdictionAppellate ReviewTotal Permanent Loss of UseChiropractic OpinionExpert Witness Qualification
References
14
Case No. MISSING
Regular Panel Decision

STATE OFFICE OF RISK MANAGEMENT v. Davis

Mae Davis, an employee of El Paso State Center, was injured on the job in 1999 and received supplemental income benefits from the State Office of Risk Management (SORM) for thirteen quarters. A dispute arose regarding her entitlement to benefits for subsequent quarters, which led to a contested hearing where the Texas Workers’ Compensation Commission Appeals Panel denied her benefits. Davis then sought judicial review in district court and was awarded attorney's fees after a jury verdict in her favor. SORM appealed this decision, contending that the trial court erred in awarding attorney's fees due to sovereign immunity. The appellate court agreed with SORM, finding no express statutory waiver of sovereign immunity for attorney's fees under the Labor Code, despite SORM being treated as an 'insurer.' Consequently, the trial court's judgment was modified to remove the award of attorney's fees, and the judgment was affirmed as modified.

Sovereign ImmunityAttorney's FeesWorkers' CompensationSupplemental Income BenefitsTexas Labor CodeTexas Government CodeAppellate ReviewTrial Court ErrorJudgment ModificationState Agency Liability
References
10
Case No. 08-03-00212-CV
Regular Panel Decision
Sep 16, 2004

Manny Casillas v. State Office of Risk Management

Manny Casillas sought lifetime income benefits under the Texas Workers’ Compensation Act after sustaining bilateral upper extremity injuries, claiming total and permanent loss of use of both hands. His claim was initially denied by the Texas Workers’ Compensation Commission, leading him to file for judicial review. The trial court granted a no-evidence summary judgment in favor of the State Office of Risk Management (SORM). On appeal, the Eighth District of Texas Court of Appeals reversed the summary judgment, finding that Casillas presented sufficient evidence, including his treating chiropractor's affidavit, to raise a genuine issue of material fact regarding the deterioration of his condition and his inability to work, thereby remanding the case for further proceedings.

Workers' Compensation ActLifetime Income BenefitsNo-Evidence Summary JudgmentCarpal Tunnel SyndromeBilateral Upper Extremity InjuryMedical EvidenceChiropractor TestimonyJurisdictionStatutory InterpretationRemand
References
8
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