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

Case No. 08-11-00092-CV
Regular Panel Decision
Jul 05, 2012

Business Staffing, Inc., Transglobal Indemnity Limited, Inc., Harry Sewill, Richard Gable Chapman, Bart Bogus, BSI Insurance Services, Inc., Transglobal Mortgage, Inc., and LHR Enterprises, Inc. v. Jackson Hot Oil Service D/B/A Jackson Brothers Hot Oil Service and Cody Jackson

This case involves an appeal from a final judgment against Business Staffing, Inc. (BSI) and related entities (Appellants) in favor of Jackson Hot Oil Service and individuals (Appellees). Appellees sued for breach of contract, DTPA violations, breach of good faith, negligence, and fraud, stemming from Appellants' alleged failure to provide workers' compensation insurance. The jury found Appellants engaged in unconscionable and deceptive acts and committed fraud, particularly against Cody Jackson, who suffered severe burns in an on-the-job accident. The appellate court affirmed most of the jury's findings, including those on statute of limitations, DTPA violations, and fraud, but reformed the judgment to adjust the calculation of damages under the DTPA and reflect a remittitur for Jackson Brothers.

Workers' Compensation FraudDeceptive Trade Practices ActInsurance MisrepresentationCivil ConspiracyBreach of ContractAppellate Court DecisionTexas Civil LawStatute of Limitations DefenseExemplary DamagesActual Damages
References
53
Case No. 04-17-00291-CV
Regular Panel Decision
Jul 31, 2018

Roberto Avila Rodriguez v. Panther Expedited Services Inc., Amigo Staffing, Inc., Dicex International, Inc.

Appellant Roberto Avila Rodriguez brought a negligence action against Panther Expedited Services, Inc., Amigo Staffing, Inc., and Dicex International, Inc., seeking to recover for injuries sustained while operating a forklift. The trial court granted summary judgment in favor of Dicex and Panther, dismissing Dicex’s third-party claims against Amigo Staffing as moot. Rodriguez appealed, challenging the summary judgments and the dismissal of Dicex's claims. The appellate court affirmed the summary judgment for Panther, finding no vicarious liability under federal motor carrier regulations or common law, and insufficient evidence of Panther's own negligence. However, the court reversed the summary judgment for Dicex and remanded that portion of the case, concluding that the Texas Workers' Compensation Act provision Dicex relied upon was inapplicable to the date of injury.

NegligenceSummary JudgmentWorkers' Compensation ActTemporary Employment ServicesFederal Motor Carrier Safety RegulationsVicarious LiabilityRespondeat SuperiorNondelegable DutyIndependent ContractorRight of Control
References
58
Case No. 2019-08-1128
Regular Panel Decision
Sep 25, 2020

Harris, David v. Provide Staffing Services, LLC

David Harris, an employee of Provide Staffing Services, LLC, alleged a work-related eye injury on May 7, 2019, and sought medical and temporary disability benefits. During an expedited hearing, Mr. Harris provided multiple conflicting accounts of how his injury occurred, ranging from hitting his eye on a pole at an unknown location to a forklift accident, with initial medical records lacking any mention of a workplace incident. The employer's investigation, including testimony from Pat Morris, found no witnesses, damage to equipment or the pole, or reported injury, contradicting Mr. Harris's later claims. The Court determined that due to the significant inconsistencies in Mr. Harris's testimony and the absence of corroborating evidence, he failed to prove that his injury arose primarily out of and in the course and scope of his employment. Consequently, the Court denied Mr. Harris's request for benefits, scheduling a telephone Status Hearing for November 16, 2020.

Workers' CompensationExpedited HearingEye InjuryForklift AccidentCausation DisputeInconsistent TestimonyBenefit DenialLack of EvidenceMedical RecordsEmployer Investigation
References
1
Case No. MISSING
Regular Panel Decision
Aug 20, 2009

Plotkin v. Joekel

The case involves a complex dispute among individuals and entities in the employee staffing industry. Applicant Garry Plotkin initiated a lawsuit against Charles Joekel, Texas Staffing Services, Inc., Kenneth Joekel, and F.W. Services, Inc., alleging breach of contract for unpaid sales proceeds and compensation for transferred accounts, as well as breach of fiduciary duty and fraudulent conveyance. Counterclaims and third-party claims were filed by the defendants against Plotkin and other related parties for breach of fiduciary duty, fraud, tortious interference, and conspiracy. The trial court initially granted summary judgment for all asserted claims, counterclaims, and third-party claims. On appeal, the judgment was affirmed in part and reversed in part. The appellate court found ambiguities regarding Garry Plotkin's standing and Charles Joekel's individual liability, leading to a reversal of the summary judgment on Plotkin's breach-of-express-contract claim concerning transferred accounts. Additionally, the court reversed summary judgment on Kenneth Joekel's and F.W. Services' counterclaim against Plotkin for tortious interference with an existing non-competition agreement. All other summary judgment rulings were affirmed.

Employee Staffing BusinessBreach of ContractBreach of Fiduciary DutySummary Judgment ReviewContract AmbiguityCorporate LiabilityTortious InterferenceCivil ConspiracyFraudulent ConveyanceNo-Evidence Motion
References
48
Case No. 01-09-00779-CV
Regular Panel Decision
Mar 17, 2011

Prime Trees and Landscaping Services D/B/A/ Mulch Matters v. Americon Services Company, Inc.

This breach-of-contract case involved Prime Tree and Landscaping Services (Mulch Matters) appealing a trial court's partial summary judgment and final judgment in favor of Americon Services Company. The dispute centered on a contract for 'select fill' dirt with specific plasticity index (PI) requirements for a construction project. Prime Tree contended the PI specifications were not part of the agreement and raised defenses of fraudulent inducement and lack of authority regarding the contract's terms. The Court of Appeals affirmed the trial court's decision, ruling that Mulch Matters' estimate had unambiguously incorporated Americon's Purchase Order, thus including the PI specifications in the contract. Additionally, the court upheld the jury's award of $30,500 in damages to Americon, finding sufficient evidence that the costs incurred to remedy the non-conforming dirt were reasonable and necessary.

Breach of ContractSummary JudgmentDirected VerdictAppellate ReviewContract InterpretationParol Evidence RuleFraudulent InducementDamages AwardTexas LawCivil Procedure
References
26
Case No. MISSING
Regular Panel Decision

Beneficial Personnel Services of Texas, Inc. v. Rey

Ramon Rey, an oil field worker, sued Beneficial Personnel Services of Texas, Inc. (BPS) and Business Staffing, Inc. (BSI) after suffering a back injury. Rey's original employer, White Well Service, transitioned its employees to BPS/BSI, an employee leasing company, with promises of equivalent workers' compensation benefits. However, after Rey's injury, BPS/BSI significantly underpaid his benefits, delayed necessary surgery, and used an unlicensed insurance carrier. The jury found BPS committed fraud and that BPS and BSI operated as a single business enterprise, awarding Rey actual and exemplary damages, along with damages for mental anguish and damage to credit reputation. The trial court affirmed the judgment against both defendants, and this opinion upholds that decision, finding sufficient evidence for fraud, exemplary damages, and mental anguish, and that single business enterprise theory is a valid means of imposing tort liability.

Fraudulent InducementWorkers' Compensation PolicySingle Business Enterprise TheoryEmployee Leasing CompanyExemplary Damages AwardMental Anguish RecoveryCredit Reputation InjuryBreach of Employment ContractCorporate Veil PiercingUnlicensed Insurance Carrier
References
43
Case No. 03-10-00709-CV
Regular Panel Decision
Aug 31, 2011

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Green Tree Servicing, LLC appealed a post-answer default judgment concerning ad valorem taxes on mobile homes. The original suit was filed by Travis County and other entities against Conseco Finance Servicing Corporation, later substituted with Green Tree. Green Tree failed to appear at trial, resulting in a default judgment. Green Tree filed a motion for new trial, asserting its failure to appear was due to an accident or mistake (attorney transition) and that it had a meritorious defense, arguing that as a repossessing lienholder and not an owner, it was not liable for the taxes under Texas Tax Code Ann. § 32.07. The appellate court applied the Craddock test and found that Green Tree satisfied all three elements. The court adopted the interpretation that a repossessing lienholder is not considered an 'owner' under the tax code. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Post-answer default judgmentAd valorem taxesMobile homesLienholder liabilityProperty ownershipMeritorious defenseCraddock testNew trialStatutory interpretationTexas Tax Code
References
22
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. 15-25-00012-CV
Regular Panel Decision
Mar 17, 2025

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

This is an interlocutory appeal from a denial-in-part of Appellants’ plea to the jurisdiction. Appellee filed an action against the State of Texas, TFC, HHSC, Executive Director Mike Novak of TFC, and Deputy Executive Commissioner for System Support Services Division of HHSC Rolland Niles alleging causes of action for breach of lease, ultra vires conduct related to the termination of the lease, and declaratory relief. Appellants argue that the trial court erred in denying their plea because Chapter 114 of the Texas Civil Practices and Remedies Code does not waive sovereign immunity for the State of Texas, HHSC, or TFC for breach of lease claims, and the lease is not a contract for goods or services covered by Chapter 114. Furthermore, Appellants contend that the Uniform Declaratory Judgments Act (UDJA) does not waive sovereign immunity for Appellee's declaratory judgment claim as it does not challenge the constitutionality or validity of a statute, and Appellee has not alleged a cognizable ultra vires claim against the state officials. Appellants seek reversal of the partial denial of their plea to the jurisdiction and dismissal of Appellee's claims.

Sovereign ImmunityBreach of LeaseDeclaratory JudgmentUltra ViresTexas Civil Practices and Remedies CodeTexas Government CodeAppellate ProcedureJurisdictionState AgenciesContract Law
References
44
Case No. MISSING
Regular Panel Decision

Superior Snubbing Services, Inc. v. Energy Service Company of Bowie, Inc.

Superior Snubbing Services, Inc. appealed a summary judgment granted in favor of Energy Service Company of Bowie, Inc. The case originated from an injury sustained by a Superior employee, Daryll Faulk, while working under a Master Service Agreement between Superior and Mitchell Energy Corporation (now Devon Energy Operating, L.P.). Faulk sued Energy and others, leading to a settlement, after which Energy and Mitchell sought indemnity from Superior based on the contract. Superior argued that Energy's claims were barred by the exclusive remedy provisions of the Texas Labor Code and the contract was unenforceable under the Texas Oilfield Anti-Indemnity Act. The appellate court reversed the trial court's judgment, concluding that under Texas Labor Code section 417.004, third-party beneficiaries like Energy are not permissible indemnitees because the agreement was not directly with the 'third party'.

Workers' CompensationIndemnificationContractual LiabilityTexas Labor CodeOilfield Anti-Indemnity ActSummary JudgmentStatutory InterpretationThird-Party BeneficiaryAppellate ReviewReverse and Remand
References
12
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