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

Case No. 13-02-361-CV
Regular Panel Decision
Aug 29, 2003

in the Interest of A.G. & D.G., Minors

Cindy Mahoney Arnold appealed a trial court's decision regarding child support calculations for her two children, A.G. and D.G., whose paternity was admitted by Abraham Garcia, III. Arnold argued that the trial court erred by not including Garcia's workers' compensation payments when determining his net resources for child support. The appellate court reviewed the Texas Family Code, specifically Section 154.062(a) and (b)(5), which explicitly includes workers' compensation benefits as part of resources. The court found that the trial court's exclusion of these benefits directly contravened the family code's instructions and constituted an abuse of discretion. Consequently, the appellate court reversed the trial court's order and remanded the case for further proceedings.

Child SupportPaternityWorkers' Compensation BenefitsNet ResourcesAbuse of DiscretionTexas Family CodeAppellate ReviewTrial Court ErrorFinancial CalculationRemand
References
8
Case No. 01-15-00571-CV
Regular Panel Decision
Jun 25, 2015

in the Interest of A.G. and F.G., Children

This is an appellant's brief appealing the termination of parental rights for children A.G. and F.G., involving S.F. (mother) and the Department of Family and Protective Services (DFPS). DFPS intervened after reports of child neglect, including F.G. found unsupervised. The mother, S.F., has a history of mental health issues (depression, bipolar disorder), marijuana use, and unstable housing, and allegedly failed to comply with court-ordered service plans. The trial court terminated her parental rights under Texas Family Code Section 161.001(1)(D), (E), (L), and (O), also finding it to be in the children's best interest. The appellant argues that the evidence was legally and factually insufficient to support the termination and the 'best interest' finding, emphasizing A.G.'s expressed desire against termination and potential instability in the children's current kinship placement with their godmother.

Parental Rights TerminationChild NeglectInsufficient EvidenceBest Interest of ChildSubstance AbuseMental Health IssuesKinship PlacementDomestic RelationsTexas Family CodeAppellate Review
References
20
Case No. NO. 01-08-00650-CV
Regular Panel Decision
Feb 05, 2009

Troy J. Shuttleworth v. G & a Outsourcing, Inc. D/B/A G & a Partners

This case involves an appeal by Troy Shuttleworth, Questco, Inc., and U.S.A. Staffing, Inc. (the 'Shuttleworth Defendants') against G&A Outsourcing, Inc. d/b/a G&A Partners ('G&A') regarding a temporary injunction. G&A, a professional employer organization, sued Shuttleworth, a former sales representative, for breaching an employment agreement's non-compete/non-solicitation provision and misappropriating confidential information after he resigned to work for U.S.A. Staffing and Questco. G&A sought injunctive relief and damages in Harris County, while the Shuttleworth Defendants argued the Harris County trial court lacked jurisdiction, citing Texas Civil Practice and Remedies Code section 65.023(a). The Court of Appeals affirmed the trial court's order, concluding that section 65.023(a) did not apply because G&A's request for injunctive relief was ancillary to its claims for substantial damages arising from breach of contract and tortious acts. Thus, the temporary injunction entered by the trial court was upheld.

Non-compete agreementNon-solicitationTemporary injunctionBreach of contractMisappropriation of trade secretsTortious interferenceVenueJurisdictionTexas Civil Practice and Remedies CodeEmployment agreement
References
6
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
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. 02-13-00029-CV
Regular Panel Decision
Oct 31, 2013

Brenda Lund, in Her Individual Capacity, and Kristin Alrick, in Her Individual Capacity v. Eric and Ruth Giauque, Individually and as Next Friend of H.G., N.G., M.G., C.G., and B.G., Minor Children

Brenda Lund and Kristin Alrick, appellants, appealed the denial of their motion to dismiss claims brought by Eric and Ruth Giauque, appellees. The Giauques sued Lund and Alrick for negligence related to the placement of children for adoption, arguing that Section 101.106(f) of the Civil Practice and Remedies Code violated the open-courts provision of the Texas Constitution. The appellate court, referencing prior supreme court cases, determined that the legislature's enactment of Section 101.106(f) was a reasonable exercise of its police power, serving the societal goal of limiting claims against individual governmental employees. Consequently, the court found no open-courts violation, reversed the trial court's order, and dismissed the Giauques' claims against Lund and Alrick.

Governmental ImmunityOpen Courts ProvisionTexas ConstitutionCivil Practice and Remedies Code Section 101.106(f)Motion to DismissNegligenceGross NegligenceAdoption CaseworkerAdoption SupervisorScope of Employment
References
44
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. No. 05-20-00835-CV
Regular Panel Decision
Feb 18, 2022

G Force Framing LLC, Kerry Graves, Kerry Graves on Behalf of G Force Framing LLC, and Kerry Graves D/B/A G Force Framing v. MacSouth Forest Products, L.L.C. v. Stoneleigh Construction Company, LLC, SC Switchyard, LLC, XL Specially Insurance Company and Travelers Surely and Casually Company

G Force Framing LLC (G Force) and Kerry Graves appealed the trial court's final judgment from Dallas County, Texas, which had dismissed G Force's claims and discharged its mechanic's liens. The trial court ruled based on G Force's prior tax forfeiture and alleged lack of capacity to sue. The Court of Appeals reversed, holding that G Force was not a 'terminated entity' under the Texas Business Organizations Code because its tax forfeiture was eventually set aside, thus allowing it to pursue its claims. The appellate court also found the indemnity bonds filed by Stoneleigh Construction Company, LLC were insufficient to discharge the mechanic's liens. However, the court affirmed the dismissal of Graves's individual claims as they belonged solely to the corporation.

Tax ForfeitureCorporate ReinstatementCapacity to SueSummary JudgmentRule 91a Motion to DismissMechanic's LiensIndemnity BondsStatutory InterpretationTexas Business Organizations CodeTexas Tax Code
References
61
Case No. ADJ1179569 (AHM 0099178)
Regular
Jun 10, 2011

JERRY CHASTAIN vs. COUNTY OF ORANGE, ORANGE COUNTY FIRE AUTHORITY, STATE COMPENSATION INSURANCE FUND, AMERICAN HOME ASSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, USF&G

In this workers' compensation case, the Appeals Board granted reconsideration to address USF&G's challenge to liability for an applicant's prostate cancer, who died after a prolonged period following exposure. The Board rescinded the prior decision, finding the WCJ erred by not fully addressing liability under Labor Code section 5500.5, specifically regarding the latency period and last date of injurious exposure. The matter was returned to the trial level for further proceedings and a new decision on liability, while affirming the presumption under Labor Code section 3212.1.

Workers' Compensation Appeals BoardFire Apparatus EngineerProstate CancerContinuous Trauma InjuryLabor Code Section 5412Labor Code Section 5500.5Labor Code Section 3212.1 PresumptionLatency PeriodInjurious ExposureCumulative Injury
References
3
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