CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. WR No. 20,644
Regular Panel Decision
Feb 25, 2015

Larson, Paul Allen

Paul Larson, acting pro se, filed a Petition for Writ of Error/Bill of Review with the Texas Court of Criminal Appeals. Larson alleges errors appearing on the face of the record and extrinsic fraud committed by the State in connection with prior Cause Numbers 449008-C, 449008-D, 465007-C, and 465007-D. He specifically claims the State mislabeled a June 12, 2014, answer as 'Original' and intentionally delayed its delivery. Larson seeks a full review of the Habeas Record, an order for the Harris County District Clerk's Office to provide complete files, and for the Court to grant his Bill of Review and the relief originally sought in his Applications for Writ of Habeas Corpus and/or Writ of Mandamus.

Writ of ErrorBill of ReviewHabeas CorpusMandamusFraudError on RecordExtrinsic FraudTexas Court of Criminal AppealsPro SeSupervised Release
References
2
Case No. MISSING
Regular Panel Decision

Waste Disposal Center, Inc. v. Larson

Waste Disposal Center, Inc. appealed a judgment for Soila Valdez and Michelle Larson concerning property damage, negligence, trespass, and nuisance. Cross-appellants, including Valdez, challenged the dismissal of claims against the Estate of Franklin F. Kelley and the jury charge on strict liability, and the constitutionality of the exemplary damages cap. The court affirmed the jury's finding of property damages but reversed the award for mental anguish, citing insufficient evidence. It also upheld the dismissal against the Kelley Estate on jurisdictional grounds and affirmed the constitutionality of the exemplary damages cap, thereby affirming in part and reversing and rendering in part.

Property DamageNegligenceTrespassNuisanceExemplary DamagesMental AnguishConstitutional LawOpen Courts ProvisionSeparation of PowersJury Verdict
References
38
Case No. 14-10-00757-CV
Regular Panel Decision
Oct 13, 2011

Elbert Johnson v. City of Bellaire and Rosa Larson

Elbert Johnson, an employee of Magnum Staffing Services, was severely injured while working for the City of Bellaire as a helper on a garbage truck, leading to an arm amputation. He initiated a negligence lawsuit against the City and Rosa Larson, the truck driver, contending the injury resulted from the operation of a motor-driven vehicle. The City sought dismissal via a plea to the jurisdiction, invoking governmental immunity and asserting that Johnson's claim was precluded by the exclusive remedy of the Workers' Compensation Act, classifying him as a 'borrowed servant' employee. The trial court granted the City's plea, leading to Johnson's appeal. Johnson argued that the City failed to demonstrate he was covered by its workers' compensation policy. The appellate court reversed the trial court's decision and remanded the case, concluding that a factual dispute existed regarding whether Johnson qualified as a 'paid employee' under the City's interlocal workers' compensation agreement, which is crucial for establishing an 'alternative remedy' and determining the applicability of governmental immunity.

Governmental ImmunityPlea to JurisdictionWorkers' CompensationBorrowed Servant DoctrineNegligenceMotor Vehicle AccidentPersonal InjuryAppellate ReviewSubject Matter JurisdictionTexas Tort Claims Act
References
11
Case No. MISSING
Regular Panel Decision

City of Bellaire and Rosa Larson v. Elbert Johnson

This case addresses the exclusive remedy provision of the Texas Labor Code in the context of workers' compensation. Elbert Johnson, a worker provided by Magnum Staffing Services, Inc. to the City of Bellaire, was injured and subsequently sued the City and its employee, Rosa Larson. The City and Larson argued governmental immunity due to workers' compensation being Johnson's exclusive remedy. The trial court dismissed the case, but the court of appeals reversed, questioning if Johnson was 'actually' covered by the City's insurance. The Supreme Court of Texas reversed the appellate court, holding that Johnson was an employee of the City as a matter of law, and his exclusive remedy was workers' compensation benefits. Therefore, the City retained its immunity, and Johnson's claims were dismissed for want of jurisdiction.

Workers' compensationExclusive remedy doctrineGovernmental immunityEmployee classificationStaffing agency liabilityBorrowed servant doctrinePlea to the jurisdictionSummary judgmentTexas Tort Claims ActStatutory construction
References
6
Case No. ADJ7382041
Regular
May 11, 2012

Donna Larson vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, SCIF STATE EMPLOYEES ROHNERT PARK, Adjusting Agency

The Workers' Compensation Appeals Board granted reconsideration to clarify the Administrative Law Judge's (ALJ) findings on applicant Donna Larson's psychiatric injury. The ALJ found Larson sustained cumulative trauma injury to her circulatory system and psyche, with ongoing temporary disability. Defendant argued the psychiatric injury finding was unsubstantiated, particularly regarding whether actual employment events were the predominant cause and if lawful personnel actions were a substantial cause. The Board found the ALJ's analysis under Labor Code section 3208.3 and the *Rolda* case lacked sufficient clarity regarding the predominant cause of the psychiatric injury and the impact of lawful personnel actions, including the applicant's termination. Therefore, the case was remanded to the trial level for further proceedings and a new decision to clarify these critical legal standards.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCumulative TraumaHypertensionPsycheTemporary DisabilityPredominantly CausedActual Events of EmploymentGood Faith Personnel Actions
References
4
Case No. 03-20-00054-CV
Regular Panel Decision
Nov 19, 2021

SPS Austin, Inc. v. Chad Wilbourn, Chase Larson, Brunshae Toliver, Austin Ferraro, and Tribe Builders, Inc.

SPS Austin, Inc. appealed the dismissal of its claims against former employees and Tribe Builders, Inc. under the Texas Citizens Participation Act (TCPA). The appellate court reversed the dismissal of claims alleging that Tribe and Wilbourn tortiously interfered with SPS’s existing and prospective contractual relationships with customers, finding these claims fell under the TCPA’s commercial-speech exemption. However, the court affirmed the dismissal of SPS’s breach of contract and misappropriation of trade secrets claims, concluding SPS failed to establish a prima facie case. The decision also vacated and remanded the attorney's fees award for reconsideration in light of the partial reversal. This case clarifies the application of the TCPA and its commercial-speech exemption in disputes involving employment and business interference.

Texas Court of AppealsTCPA (Texas Citizens Participation Act)Anti-SLAPPCommercial Speech ExemptionBreach of ContractMisappropriation of Trade SecretsTortious InterferenceEmployment DisputesNon-Compete AgreementsConfidential Information
References
33
Case No. 13-00-241-CV
Regular Panel Decision
May 02, 2002

Waste Disposal Center, Inc. v. Larson, Michelle and Soila Valdez

The Court of Appeals for the Thirteenth District of Texas partially affirmed and partially reversed a judgment from a jury trial involving Waste Disposal Center, Inc. as appellant and Michelle Larson and Soila Valdez as appellees. Waste Disposal appealed the jury's award of actual damages for diminution in market value and mental anguish, and exemplary damages. The court found sufficient evidence for diminution in market value for both appellees' properties but reversed the mental anguish damages awarded to Valdez, citing a lack of evidence for severe mental pain. Furthermore, the court upheld the award of exemplary damages, as actual property damages were sustained. Cross-appellants (landowners including Valdez) appealed the dismissal of their suit against the Estate of Franklin F. Kelley and the trial court's failure to charge the jury on strict liability, both of which were affirmed or deemed waived by the appellate court. Finally, Valdez's constitutional challenge to the exemplary damages cap was rejected, with the court affirming its constitutionality under both the open courts provision and separation of powers doctrine.

Property DamageExemplary DamagesMental AnguishDiminution in Market ValueStrict LiabilityJurisdictionEstate LiabilityOpen Courts ProvisionSeparation of PowersConstitutional Law
References
36
Case No. ADJ4198635
Regular
Aug 20, 2009

ANGELIQUE LARSON vs. WALGREENS, Permissibly Self-Insured, adjusted by SEDGWICK CMS

The Workers' Compensation Appeals Board denied Walgreens' petition for reconsideration regarding Angelique Larson's industrial injury. Walgreens argued the administrative law judge exceeded her authority by not allowing a further deposition of Dr. Tacheff and that his opinion lacked substantial evidence. The Board found Dr. Tacheff's opinion on the applicant's TMJ and dental injury, caused by a fall as a retail clerk, to be substantial medical evidence. The Board affirmed that adequate discovery occurred and that medical treatment is not apportionable, thus the need for future TMJ treatment was established.

Workers' Compensation Appeals BoardIndustrial InjuryNeck InjuryTMJ-dentalWalgreensSedgwick CMSPetition for ReconsiderationFindings of FactAwardOrder
References
13
Case No. 05-18-00394-CV
Regular Panel Decision
Aug 26, 2019

Quality Metrics Partners, LLC, Clearview Diagnostics, LLC, CGK Consulting, LLC, CGK Medical Management, LLC, CGK Medical Ventures, LLC, Brodie Flanders, Michael Morales, Michael Knall, Anthony Kim, and Christopher R. Peyton v. Greg Blasingame Capricia Larson Gabby Consulting, LLC And DX Power Moves Consulting, LLC

Appellants challenged the trial court’s denial of their consolidated motions to compel arbitration. The dispute involves a series of contractual relationships, including a Representative Marketing Agreement, an alleged oral contract, and a Distribution Agreement containing an arbitration provision. The Court determined that QMP and Clearview are intended third-party beneficiaries of the Distribution Agreement, extending the arbitration clause's benefits to their agents. Consequently, all direct claims against the QMP Appellants, as well as their related tort claims, fall within the broad scope of the arbitration provision. The Court reversed the trial court's order and remanded the case for all disputes between the parties to proceed to arbitration.

ArbitrationContract DisputeThird-Party BeneficiaryNon-Signatory ArbitrationScope of ArbitrationFraudulent InducementNegligent MisrepresentationTort ClaimsIndependent ContractorMarketing Services
References
13
Case No. MISSING
Regular Panel Decision

Johnson v. City of Bellaire

Elbert Johnson, an employee of Magnum Staffing, suffered an arm amputation while working for the City of Bellaire on a garbage truck driven by Rosa Larson. Johnson sued the City and Larson for negligence, arguing a waiver of governmental immunity under the Texas Tort Claims Act. The City filed a plea to the jurisdiction, claiming immunity and that Johnson's exclusive remedy was workers' compensation under the "borrowed servant" doctrine. The trial court granted the City's plea. On appeal, the court reversed and remanded, finding a fact issue regarding whether Johnson was a "paid employee" covered by the City's workers' compensation policy, which is essential to determine if an alternative remedy existed and if immunity was waived.

Governmental ImmunityPlea to the JurisdictionWorkers' CompensationBorrowed Servant DoctrineNegligenceTexas Tort Claims ActPersonal InjuryMotor Vehicle AccidentGarbage TruckRemand
References
13
Showing 1-10 of 25 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational