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

Case No. 03-03-00079-CV
Regular Panel Decision
Oct 02, 2003

Jeanne N. Taylor, D.D.S., D/B/A Jeanne N. Taylor D.D.S., Individually, and on Behalf of All Others Similarly Situated v. State Farm Lloyds, Inc.

Jeanne N. Taylor, D.D.S., appealed a district court's summary judgment in favor of State Farm Lloyds, Inc. Taylor had sued State Farm, alleging that the insurer violated the Texas Insurance Code by issuing her business a multi-peril insurance policy with "hired and non-owned auto liability" coverage without mandatory personal injury protection (PIP) or uninsured/underinsured motorist (UM/UIM) coverage. The Court of Appeals, Third District, at Austin, affirmed the summary judgment, ruling that hired and non-owned auto liability insurance is distinct from "auto liability insurance" as defined in Article 5, Subchapter A of the Texas Insurance Code. The court further concluded that the Texas Department of Insurance (TDI) had the authority under Article 5.02 to regulate such policies under other rating laws, thus making PIP and UM/UIM coverage not mandatory for Taylor's specific policy.

Insurance LawMulti-peril PolicyHired and Non-Owned Auto LiabilityPersonal Injury Protection (PIP)Uninsured/Underinsured Motorist (UM/UIM)Texas Insurance CodeStatutory InterpretationSummary JudgmentDeclaratory JudgmentAdministrative Remedies Exhaustion
References
21
Case No. 07-06-0379-CV
Regular Panel Decision
Oct 25, 2007

Dawn Gayken, D.D.S. v. Ann D. Ewton, Individually and as Independent of the Estate of Merle Clement Ewton, D.D.S.

Dawn Gayken, D.D.S. (appellant) appealed a trial court's order. The appellant's counsel informed the court that Dawn Gayken had filed a voluntary petition as debtor under the United States Bankruptcy Code. Consequently, any further action in this appeal is automatically stayed pursuant to 11 U.S.C. § 362. For administrative purposes, the appeal is removed from the docket of this court and abated. The appeal will be reinstated upon a proper motion showing that the stay has been lifted or that the court may otherwise proceed with the disposition of the cause.

BankruptcyAutomatic StayAbatementAppellate ProcedureVoluntary PetitionDebtorStay LiftedJurisdictionTexas Court of AppealsCivil Procedure
References
1
Case No. MISSING
Regular Panel Decision

Diamond D Construction Corp. v. New York State Department of Labor (DOL) Bureau of Public Works

This decision addresses Diamond D Construction Corp.'s motion for reconsideration, challenging the court's prior denial of a preliminary injunction. The court re-evaluates its stance on Eleventh Amendment immunity, concluding that Diamond D's claim for prospective injunctive relief against the Department of Labor's enforcement actions is not barred, distinguishing previous cases like Tekkno and Yorktown. While affirming the applicability of the Younger abstention doctrine, the court acknowledges that a 'narrow' exception for bad faith or harassment by the DOL might apply. To resolve factual disputes regarding whether the DOL acted in bad faith or violated Diamond D's substantive due process rights, the court grants the motion for reconsideration in part and orders evidentiary hearings.

Federal CourtEleventh AmendmentYounger AbstentionDue ProcessProcedural Due ProcessSubstantive Due ProcessMotion for ReconsiderationPreliminary InjunctionState SovereigntyEvidentiary Hearing
References
17
Case No. 01-03-00924-CV
Regular Panel Decision
Oct 06, 2005

Mary Williams, D.D.S. and Russell Williams, D.D.S. v. L.M.S.C., Inc., D/B/A the Dental Solution

Mary Williams, D.D.S. and Russell Williams, D.D.S. appealed a judgment in favor of L.M.S.C., Inc., d/b/a The Dental Solution (TDS), stemming from a breach of contract dispute. TDS, a dental placement service, sued the Williams for an unpaid permanent placement fee after Diana Flanagan, whom TDS had previously placed temporarily as a dental hygienist, was hired by the Williams as a full-time dentist. The appellants challenged the jury's findings, arguing the contract did not cover dentists, lacked new consideration for modifications, and missed essential terms. The First District of Texas Court of Appeals affirmed the trial court's judgment, concluding that the placement agreement, as modified by subsequent fee schedules, applied to the placement of dentists and that sufficient evidence supported the jury's finding that the Williamses breached the contract by failing to pay the permanent placement fee. The court also upheld the award of attorney’s fees.

Breach of ContractPlacement AgreementDental IndustryPermanent Placement FeeContract ModificationConsiderationMeeting of the MindsLegal Sufficiency of EvidenceAttorney's FeesPrejudgment Interest
References
35
Case No. MISSING
Regular Panel Decision

Nagel v. D & R REALTY CORP.

Bruce Nagel, an elevator safety inspector, suffered injuries after slipping on oil during a two-year safety test. He and his wife sued D & R Realty Corp., the building owner, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), particularly Industrial Code § 23-1.7 (d). The claims under §§ 200 and 240 (1) were withdrawn. Both the Supreme Court and the Appellate Division granted summary judgment to the defendant, ruling Nagel's work was routine maintenance, not construction, demolition, or excavation under Labor Law § 241 (6). The Court of Appeals affirmed, holding that Labor Law § 241 (6) protections do not extend to maintenance work outside the construction context.

Elevator accidentLabor LawSection 241(6)Routine maintenanceConstruction workDemolition workExcavation workIndustrial CodeSafety inspectionBuilding owner liability
References
6
Case No. 08-04-00232-CV
Regular Panel Decision
Aug 25, 2005

W. E. Stephens MFG. Co. v. Howard Goldberg, in His Individual Capacity and D/B/A Supreme Laundry and D & G Investment Company

W.E. Stephens Manufacturing Company (Stephens) appealed a summary judgment granted in favor of Howard Goldberg, d/b/a Supreme Laundry, and D & G Investment Company (D & G). Stephens, a garment manufacturer, contracted with Tony Flores to assemble and finish garments. Flores sub-contracted the laundering to D & G. When Flores failed to pay D & G, D & G refused to release garments belonging to Stephens, asserting a lien. Stephens sued D & G for conversion and breach of a bailment contract. D & G claimed a constitutional and statutory lien. The trial court granted summary judgment for D & G. The appellate court reversed and remanded, finding that the garment lien under Section 70.002 of the Texas Property Code did not apply as D & G had returned multiple lots of garments prior to payment, and the contract specified a future time of payment.

Summary JudgmentConversionBailment ContractGarment LienPossessory LienTexas Property CodeContract LawAppellate ReviewRemandSubcontractor
References
20
Case No. 12-14-00256-CV
Regular Panel Decision
Feb 27, 2015

Troy W. Simmons, D.D.S., P.C. and Troy W. Simmons, D.D.S. v. Texas Health and Human Services Commission

This case concerns an appeal by Troy W. Simmons, D.D.S., P.C., and Troy W. Simmons, D.D.S. (Simmons) against the Texas Health and Human Services Commission (THHSC). Simmons appealed the trial court's decision to grant THHSC's plea to the jurisdiction, which dismissed Simmons's suit for declaratory judgment. The dispute originated from a Medicaid fraud investigation by THHSC, leading to a payment hold and a final notice of overpayment against Simmons. Simmons's subsequent declaratory judgment suit, alleging ultra vires actions and constitutional violations, was dismissed on grounds of sovereign immunity. The appellate court affirmed, ruling that Simmons failed to establish a waiver of sovereign immunity by suing the state agency directly instead of an official, and that the Declaratory Judgment Act did not confer jurisdiction.

Sovereign ImmunityPlea to the JurisdictionDeclaratory Judgment ActUltra ViresMedicaid FraudAdministrative RemediesGovernmental ImmunityTexas LawAppellate ReviewSubject Matter Jurisdiction
References
18
Case No. M2011-02761-COA-R3-CV
Regular Panel Decision
Apr 10, 2013

Kenner D. Ensey v. Karla Davis, Commissioner of the Tennessee Department of Labor and Workforce Development

Kenner D. Ensey appealed a decision denying him unemployment benefits after he voluntarily quit his job due to alleged verbal abuse from his supervisor. The Tennessee Department of Labor and Workforce Development initially denied his claim, finding he lacked good work-related cause. The Appeals Tribunal reversed this, but the Commissioner’s Designee upheld the denial, deeming the incident isolated and insufficient for good cause. The chancery court affirmed the Designee's decision. This Court, however, reversed, concluding that Ensey had good cause to leave his employment due to the supervisor's offensive, embarrassing, and potentially violent outburst, which was condoned by the owner's inaction, despite him voluntarily quitting.

Unemployment BenefitsVoluntary QuitGood CauseVerbal AbuseSupervisor MisconductEmployer InactionAppellate ReviewAdministrative LawTennessee LawEmployment Dispute
References
9
Case No. 03-03-00176-CV
Regular Panel Decision
Dec 04, 2003

Texas Workers' Compensation Insurance Fund/Texas Workers' Compensation Commission and Leonard D. Watts v. Texas Workers' Compensation Commission and Leonard D. Watts/Texas Workers' Compensation Insurance Fund

This case involves a cross-appeal stemming from a workers' compensation claim by Leonard D. Watts, who sought lifetime income benefits for injuries sustained as a truck driver. The Texas Workers' Compensation Commission (appeals panel) initially reversed a hearing officer's decision and awarded Watts benefits, but this decision was later set aside by a Travis County district court. In this appeal, the Texas Workers' Compensation Insurance Fund (Texas Mutual) and the Commission challenged the district court's ruling. The Court of Appeals addressed arguments regarding the appeals panel's statutory authority for factual-sufficiency review and the interpretation of "issue" under the labor code, including legal doctrines of res judicata and collateral estoppel. The court ultimately reversed the judgment of the district court, thereby affirming the decision of the Commission's appeals panel which granted Watts lifetime income benefits.

Workers' CompensationLifetime Income BenefitsAppeals Panel ReviewFactual SufficiencyStatutory AuthorityCross-AppealRes JudicataCollateral EstoppelCausationMaximum Medical Improvement
References
17
Case No. 2016 NY Slip Op 08114
Regular Panel Decision
Dec 01, 2016

Matter of Kent D. (Rachel D.)

Petitioner Kent D. appealed an order from Family Court, New York County, which denied his motion for a forensic evaluation and granted the cross motion to dismiss his petition for visitation with his child. The background reveals that in February 2008, Kent D. stabbed Rachel D., the mother, seven times in front of their child, leading to his conviction for assault and child endangerment and an 11-year prison sentence. A 19-year order of protection was issued, prohibiting contact with the child. The Family Court had previously awarded custody to the mother, and a 2012 divorce judgment affirmed no visitation rights for Kent D. The Appellate Division affirmed the Family Court's decision, finding that Kent D. failed to make an evidentiary showing of changed circumstances required for a visitation hearing, and his claims of completing an anger management program were unsubstantiated. The court also noted the child's continuing symptoms of post-traumatic stress disorder and desire not to see him.

Visitation RightsChild CustodyOrder of ProtectionDomestic ViolenceAssault ConvictionChanged CircumstancesForensic EvaluationAppellate ReviewFamily LawPost-Traumatic Stress Disorder
References
2
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