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Case Law Database

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. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)
Regular
Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

This case involves a clerical error in the caption of a Workers' Compensation Appeals Board decision from July 19, 2019. The error resulted in the misidentification of adjudication numbers in the original decision. The Board is correcting this clerical error without granting reconsideration, as such errors can be amended at any time. The amended caption now accurately includes all relevant case numbers: ADJ7622191, ADJ10153210, ADJ3319380 (SAC 0227891)(MF), and ADJ4269417 (SAC 0286258).

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health
References
0
Case No. ADJ9105445
Regular
Dec 01, 2009

CHARLES STUMPH vs. COUNTY OF ORANGE, SHERIFF'S DEPARTMENT

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) opinion. The error involved misidentifying a defendant in the initial sentence of a paragraph. The WCAB has issued an order correcting this clerical error to accurately reflect that the applicant, Charles Stumph, entered into a compromise and release agreement with the County of Orange Sheriff's Department. This correction was made without granting further reconsideration, as such errors can be amended at any time. The Board's original decision rescinded the administrative law judge's findings and approved the compromise and release agreement.

Workers' Compensation Appeals BoardClerical ErrorReconsiderationLabor Code Section 132aFindings of Fact and OrderCompromise and ReleaseWCJWCAB Rule 10882Labor Code Section 5001Labor Code Section 5002
References
2
Case No. MISSING
Regular Panel Decision

State v. Hart

Doyle Hart was convicted of aggravated rape and incest. His stepdaughter, B.J., later recanted her trial testimony, leading Hart to file a petition for writ of error coram nobis for a new trial based on this newly discovered evidence. The trial court denied the petition, citing B.J.'s reassertion of her original testimony while in a mental health facility and the results of an unfavorable polygraph examination taken by Hart. The Court of Criminal Appeals reversed and remanded the case for a new evidentiary hearing. The appellate court found that the trial court improperly considered evidence outside the record, specifically B.J.'s post-hearing statements and the polygraph results, violating principles of judicial procedure and evidence.

Aggravated RapeIncestRecanted TestimonyWrit of Error Coram NobisNewly Discovered EvidenceJudicial MisconductEvidence Outside RecordPolygraph ExaminationCredibility AssessmentChild Abuse
References
33
Case No. ADJ1312021
Regular
Nov 01, 2013

GRICELDA AREVALOS vs. PERSONNEL PLUS, INC., LIBERTY MUTUAL INSURANCE

This Workers' Compensation Appeals Board order corrects clerical errors in a prior decision regarding Gricelda Arevalos's case. The errors involved an incorrect case number in the caption and an extra space within the case number later in the document. The Board is correcting these errors to reflect the accurate case number ADJ1312021 without further proceedings. This amendment ensures the official record is accurate.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORSORDER CORRECTINGPETITION FOR RECONSIDERATIONCASE NUMBER CORRECTIONADJ7430358ADJ0302021ADJ1312021SUPPLEMENTAL PROCEEDINGSCONTINGENT PROCEEDINGS
References
0
Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
0
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. ADJ7003833, et al.
Regular
Nov 28, 2012

MARTHA AGUIRE, et al. vs. TWO STAR PERSONNEL, administered by SEDGWICK CMS, ; et al.

This order corrects clerical errors in a prior Board decision concerning a sanction against lien claimant Safety Works, Inc. The errors involved omitting a critical attachment listing cases for reconsideration and failing to include the firm Floyd, Skeren and Kelly on the service list. The Board is correcting these errors by adding the firm to the service list and attaching the missing document. This ensures all parties are properly notified and that the prior decision accurately reflects the proceedings.

Workers' Compensation Appeals BoardClerical ErrorsPetition for ReconsiderationWCJ SanctionLien ClaimantService ListInterlineationDecision After ReconsiderationSafety WorksInc.
References
0
Case No. W2000-00730-COA-R3-CV
Regular Panel Decision
Aug 08, 2002

Huntington Eldridge v. Deborah Eldridge

This case involves an appeal from a divorce decree. The Wife appealed the trial court's decision regarding property division, child support, and alimony, also alleging judicial bias. The Court of Appeals affirmed the trial court's findings against judicial bias and the grounds for divorce. However, the appellate court found errors in the classification of certain marital and separate property, specifically regarding the Greenbay house equity and investment accounts. The court also found errors in the child support calculation and the alimony award. Consequently, the case was affirmed in part, reversed in part, and remanded for reconsideration of property distribution, child support, and alimony consistent with the appellate court's opinion.

DivorceMarital PropertyChild SupportAlimonyJudicial BiasSeparate PropertyComminglingEquitable DistributionAppellate ReviewRemand
References
56
Case No. ADJ9271759
Regular
Jun 10, 2015

JIMMIE HARTMAN vs. TOWN OF SCOTIA COMPANY PACIFIC LUMBER

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's May 10, 2015 decision incorrectly listed the service date as May 10, 2015. The Board has corrected this clerical error to reflect the accurate service date of June 10, 2015. This correction was made without granting reconsideration, as such errors can be corrected at any time.

Clerical errorDate of serviceCorrectionAppeals BoardReconsiderationSupplemental ProceedingsOrder Denying PetitionAmended dateWorkers' CompensationTown of Scotia
References
1
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