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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

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
Case No. MISSING
Regular Panel Decision

Texas Workers' Compensation Insurance Fund v. Texas Workers' Compensation Commission

The Texas Workers’ Compensation Insurance Fund, now Texas Mutual, challenged an appeals panel decision by the Texas Workers’ Compensation Commission which awarded lifetime income benefits to claimant Leonard D. Watts. Watts, a truck driver for Mono Chem Corporation, sustained a leg injury in 1994, leading to severe medical conditions and ultimately the loss of use of both feet. A hearing officer initially denied lifetime benefits due to insufficient evidence of a causal connection to the original injury, but the appeals panel twice reversed this decision, rendering a new decision in favor of Watts. Texas Mutual sought judicial review, arguing the appeals panel exceeded its statutory authority and improperly engaged in factual-sufficiency review. The district court set aside the appeals panel's decision. This court, however, reversed the district court's decision, affirming the appeals panel’s award of lifetime income benefits to Watts, holding that the appeals panel acted within its statutory authority.

Workers' CompensationLifetime Income BenefitsAppeals Panel ReviewJudicial ReviewFactual SufficiencyStatutory AuthorityCausationRes JudicataCollateral EstoppelTexas Labor Code
References
13
Case No. MISSING
Regular Panel Decision

Bredesen v. Tennessee Judicial Selection Commission

This case concerns the process for appointing a new justice to the Tennessee Supreme Court under the "Tennessee Plan." Appellants J. Houston Gordon and George T. Lewis challenged the Governor's rejection of a judicial nominee panel, alleging issues with the validity of the panel after a nominee withdrew, and claiming equal protection violations and applicability of the Tennessee Human Rights Act (THRA). The Supreme Court affirmed the trial court's ruling that the THRA does not apply and that the equal protection challenge is a non-justiciable political question and otherwise without merit. The Court held that a nominee's withdrawal does not invalidate a panel, but renominating a previously rejected candidate on a subsequent panel is impermissible, thus modifying the trial court's remedy to require the Commission to reinstitute the full selection process for the second panel.

Judicial Selection ProcessGubernatorial AppointmentConstitutional InterpretationSeparation of PowersEqual Protection ClauseTennessee Human Rights ActJudicial DiversityPolitical Question DoctrineStatutory ConstructionJudicial Vacancies
References
38
Case No. MISSING
Regular Panel Decision

Hartford Insurance Co. v. Crain

Hartford Insurance Company appealed the dismissal of its suit for judicial review of a Texas Workers’ Compensation Commission (TWCC) appeals panel decision concerning the medical necessity of spinal surgery for Crain. The central legal question involved the applicable deadline for filing a petition for judicial review: either the 40-day period under Texas Labor Code Section 410.252 or the 30-day period under the Texas Administrative Procedure Act (APA) Section 2001.176. The trial court had granted Crain’s plea to the jurisdiction, ruling Hartford's appeal untimely based on the APA's 30-day deadline. The appellate court reversed this decision, holding that the more specific 40-day deadline provided in Labor Code Section 410.252 applies to all appeals-panel decisions, including those regarding medical necessity disputes, thus controlling over the APA's general provisions. The case was subsequently remanded for further proceedings consistent with this opinion.

Workers' Compensation LawJudicial Review ProcessStatutory InterpretationAppellate ProcedureFiling DeadlinesTexas Labor CodeAdministrative Procedure ActMedical NecessitySpinal Surgery DisputesSubject Matter Jurisdiction
References
12
Case No. W2004-00024-COA-R3-CV
Regular Panel Decision
Dec 28, 2004

Roy L. Tidwell v. City of Memphis

This case originated from a dispute where thirteen firefighters and one police officer, employees of the City of Memphis, filed claims for on-the-job injury benefits. The City's On-the-Job Injury (OJI) Appeals Panel denied these claims. The employees appealed to the Chancery Court of Shelby County, which reversed the panel's decision, concluding that the OJI Appeals Panel's proceedings were subject to the Tennessee Uniform Administrative Procedures Act (UAPA) and judicial review should conform to UAPA standards. The City of Memphis appealed to the Court of Appeals, arguing that the OJI Appeals Panel is not a 'civil service board' and thus not governed by UAPA. The Court of Appeals reversed the chancery court's ruling, holding that the OJI Appeals Panel does not qualify as a civil service board and its decisions regarding OJI benefits do not affect 'employment status' as interpreted under the relevant statute. Therefore, judicial review should be conducted via a common law writ of certiorari, and the OJI Appeals Panel's original denial of benefits was reinstated.

On-the-Job InjuryAdministrative LawJudicial ReviewStatutory InterpretationCivil Service BoardUniform Administrative Procedures Act (UAPA)Common Law CertiorariMunicipal EmployeesFirefightersPolice Officers
References
81
Case No. 08-02-00455-CV
Regular Panel Decision
Nov 26, 2003

Carlos Cervantes v. Tyson Foods, Inc., a Certified Self-Insured

Carlos Cervantes appealed the trial court's order granting a plea to the jurisdiction filed by Tyson Foods, Inc. Cervantes's original petition sought judicial review of a TWCC Appeals Panel decision, which had dismissed his administrative appeal as untimely. The Appeals Panel found it lacked jurisdiction because Cervantes's appeal of a hearing officer's decision was filed late, despite Cervantes alleging TWCC staff negligence. The appellate court determined that the district court erred by granting Tyson's plea to the jurisdiction on the merits of the TWCC Appeals Panel's jurisdictional finding, rather than confining itself to whether Cervantes had properly invoked the district court's jurisdiction for judicial review. Consequently, the appellate court reversed the trial court's order and remanded the case for further proceedings.

Workers' CompensationPlea to the JurisdictionAppellate CourtJudicial ReviewAdministrative AppealTimelinessTexas Labor CodeSubject Matter JurisdictionRemandDue Diligence
References
17
Case No. G107 435
Regular Panel Decision
Jun 02, 2023

Matter of Marku v. ABM Industries

This case concerns the claim of Denise Perry under the Workers' Compensation Law. The Workers' Compensation Law Judge (WCLJ) previously found that the employer, Adventist Home Care, established a violation of Workers' Compensation Law § 114-a by the claimant for willfully making false statements to obtain benefits. Consequently, the WCLJ disallowed indemnity benefits and imposed both mandatory and discretionary penalties. A Board Panel decision filed on February 17, 2022, affirmed the WCLJ's findings. The claimant subsequently filed an application for reconsideration on March 18, 2022, which the Board Panel reviewed. After considering the claimant’s arguments, the Board Panel determined that the application did not raise new issues or present new material evidence, nor did it demonstrate an erroneous statement of material fact or law in the prior decision. Therefore, the Board Panel, by a majority vote, affirmed its prior decision.

Workers' Compensation FraudFalse RepresentationIndemnity Benefits DisallowanceWCL § 114-a PenaltyApplication for Reconsideration DeniedBoard Panel AffirmationWillful MisrepresentationWorkers' Compensation Law Judge DecisionEmployer Established Violation
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Trustees of Columbia University & Phillips

The court unanimously affirmed the order, indicating a full agreement among the judicial panel. As a result of this decision, $20 in costs and disbursements were awarded to the respondents, signifying their success in the matter. Notably, the court did not issue a formal opinion to elaborate on the reasoning behind its ruling. The judicial panel present for this decision included Peck, P. J., Dore, Cohn, and Callahan, JJ., who collectively oversaw the proceedings.

Order AffirmedCosts AwardedNo OpinionJudicial PanelAppellate Review
References
1
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. MISSING
Regular Panel Decision

Albertson's, Inc. v. Ellis

This workers' compensation case concerns Albertson's, Inc.'s appeal against Kathryn D. Ellis and the Texas Workers' Compensation Commission (TWCC) following the trial court's grant of summary judgment due to lack of jurisdiction. Albertson's argued the TWCC appeals panel's decision was final, enabling judicial review, while Ellis contended administrative remedies were not exhausted. The appellate court affirmed, ruling that the appeals panel's decision, despite its phrasing, effectively constituted a remand for further evidence on medical improvement and impairment rating, thereby lacking finality for judicial review. The court also clarified that a motion for summary judgment is a proper vehicle to raise jurisdictional issues.

Workers' CompensationJurisdictionSummary JudgmentAdministrative RemediesFinal DecisionMaximum Medical ImprovementImpairment RatingDesignated DoctorAppellate ReviewTexas Law
References
3
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