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

Case No. MISSING
Regular Panel Decision

Employers Mut. Liability Ins. Co. of Wisconsin v. Konvicka

Employers Mutual Liability Insurance Company of Wisconsin, the insurer of A. O. Smith Corporation, sued to set aside an award granted by the Texas Industrial Accident Board to the legal beneficiaries of John Konvicka. Konvicka, an employee, died from injuries sustained after attempting to start a stalled car in the employer's parking lot and then on a public highway following a heavy rain. The insurance company argued that the injury occurred outside the scope of employment since it was off-premises and after working hours. The court, however, determined that the injury was compensable under the Texas Workmen’s Compensation Act, emphasizing that the incident originated on the employer's premises and was incident to employment, aligning with the liberal construction of the statute. Consequently, the court denied the insurer's attempt to set aside the award and affirmed the beneficiaries' entitlement to compensation.

Workers' CompensationCourse of EmploymentScope of EmploymentOff-Premises InjuryCommuting HazardParking Lot InjuryTexas LawLiberal ConstructionAccidentFatal Injury
References
15
Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. MISSING
Regular Panel Decision

Employers' Liability Assur. Corp. v. Williams

J. H. Williams, an employee, sustained an injury in September 1924 while working for American Construction Company, an insured employer under the Texas Employers’ Liability Act. He initially received weekly compensation payments from Employers’ Liability Assurance Corporation, Limited. After payments ceased, Williams sought a lump sum award from the Industrial Accident Board, which was granted in June 1925. The assurance corporation subsequently sued in the district court of Galveston county to set aside this award. Williams cross-petitioned for total and permanent disability and a lump sum payment due to manifest hardship. A jury found Williams totally and permanently disabled, and the court sided with Williams, awarding him and his attorneys, Morris, Sewell & Morris, a lump sum of $6,032.15. The assurance corporation appealed this judgment, contesting the finding of total permanent disability and the lump sum award. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the jury's findings and noting the appellant's failure to follow legal procedures regarding a surgical operation demand.

Workers' CompensationTotal Permanent DisabilityLump Sum SettlementIndustrial Accident BoardAppellate ReviewMedical Expert TestimonyJury FindingsEmployer LiabilitySurgical InterventionManifest Hardship
References
6
Case No. ADJ1700793 (SAC 0307437) ADJ3714832 (SAC 0307399)
Regular
Jun 13, 2011

JUANITA BRADLEY (Deceased) vs. COUNTY OF PLACER

This case involves a dispute over liability for a medical-legal report cost. The defendant seeks reconsideration of a prior award holding them responsible for Dr. Adelberg's $4,237.50 report. The defendant argues the judge ignored a prior order for an Agreed Medical Evaluation (AME) and that the applicant's attorney improperly proceeded with Dr. Adelberg's exam. The Board granted reconsideration, preliminarily finding it may be inequitable to place the full cost on the defendant, and intends to split the expense between the defendant and applicant's attorney. A dissenting opinion argues the defendant's own correspondence shows an ongoing dispute regarding the AME, supporting the original award of liability.

Workers' Compensation Appeals BoardReconsiderationMedical-Legal ReportAgreed Medical EvaluationQualified Medical EvaluatorJoint Findings and AwardLabor Code Section 4062(a)Stipulation and OrderEquitable PowersLien Claimant
References
1
Case No. 03-17-00534-CV
Regular Panel Decision
Jan 02, 2018

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Management, Inc.

This is an appeal from a summary judgment in a personal injury car-crash case involving an incapacitated person, Douglas Lee Stroup (Appellant). Appellant sued Penny Harrington Taylor for negligence and MRM Management, Inc. (Appellee) for vicarious liability, alleging Taylor, a licensed real estate salesperson, was acting for MRM. Appellee's motion for summary judgment was granted, asserting Taylor was an independent contractor, thus negating vicarious liability. Appellant argues that the independent contractor agreement is void under the Texas Occupation Code, which assigns liability to brokers for their salespersons' tortious conduct. Furthermore, Appellant contends that MRM should be estopped from relying on the agreement, and that factual disputes exist regarding Taylor's employment status, joint-enterprise liability, and statutory vicarious liability under the Texas Occupations Code. Appellant seeks to reverse the trial court's order granting summary judgment, arguing sufficient evidence was presented to raise genuine issues of material fact for trial.

Personal InjuryCar CrashVicarious LiabilityIndependent ContractorReal Estate AgentReal Estate BrokerTexas Occupations CodeRespondeat SuperiorJoint EnterpriseSummary Judgment Appeal
References
22
Case No. 07-14-00435-CV
Regular Panel Decision
Nov 19, 2014

Ashley Denham as Parent and Legal Guardian of F.L.J.B., a Minor Child v. Texas Mutual Insurance Company

This case concerns an appeal filed by Ashley Denham, as legal guardian for Freedom Lynn Jean Burris, against Texas Mutual Insurance Company. The appeal challenges a trial court's summary judgment granted in favor of the insurer. The core dispute revolves around a worker's compensation claim following the death of Donnie Lee Burris in a motor vehicle accident, specifically whether his intoxication at the time of death absolves the insurer of liability. Appellant argues that a genuine issue of material fact exists regarding the decedent's intoxication, which was not properly addressed by the summary judgment. The appellant seeks to reverse the trial court's decision and remand the case for a trial on the merits.

IntoxicationSummary JudgmentWorker's Compensation ClaimAppellate ReviewExpert Witness TestimonyMaterial Issue of FactMedical EvidenceBlood Test AnalysisDrug LevelsDecedent Death
References
18
Case No. 02-21-00364-CV
Regular Panel Decision
Nov 18, 2021

Texas Health Huguley, Inc., D/B/A Texas Health Huguley Hospital Fort Worth South, Dr. Jason Seiden, John Does 1-5, and Jane Roes 1-5 v. Erin Jones, Individually and as Legal Representative and Next Friend of Jason Jones

Jason Jones, suffering from post-COVID-19 complications, had his wife, Erin Jones, sue Texas Health Huguley Hospital and Dr. Jason Seiden to compel Ivermectin administration. The trial court issued a temporary injunction, ordering the hospital to grant temporary privileges to Dr. Mary Talley Bowden for this purpose. The Second Appellate District of Texas at Fort Worth reversed and vacated the injunction, holding that the judiciary cannot substitute its judgment for that of medical professionals in treatment and credentialing decisions without a valid legal basis. The court found Mrs. Jones failed to prove a probable right to recovery on any viable cause of action, including alleged violations of informed consent, pandemic liability waivers, CMS waivers, or the Right to Try Act, or breaches of implied contracts or the Hippocratic Oath.

Temporary InjunctionMedical TreatmentIvermectinCOVID-19 AftereffectsHospital PrivilegesJudicial InterventionMedical DiscretionStandard of CareDeclaratory JudgmentAppellate Review
References
68
Case No. MISSING
Regular Panel Decision

Universe Life Insurance v. Giles

Justice Hecht's concurring opinion addresses the complex issues surrounding insurance bad-faith liability in Texas. He critiques the existing 'no reasonable basis' standard for its difficulty in appellate review, particularly due to the limitations of no-evidence review which prevents weighing conflicting evidence. He advocates for defining bad faith as 'unscrupulous, arbitrary conduct' and for treating the 'reasonably clear' liability standard as a legal question rather than a factual one. This approach, he argues, would provide clearer guidelines for insurers and enable meaningful judicial review, preventing juries from arbitrarily defining bad faith. Furthermore, he emphasizes that the requisite mental state for bad-faith liability should involve intentional or reckless conduct, not mere negligence. He concurs with the judgment that Universe Life wrongfully delayed Giles' claim (thus implying the claim for benefits was granted) but finds no evidence for punitive damages.

Insurance bad faithTexas lawtort liabilitycontractual disputesappellate reviewevidentiary standardsjudicial roleinsurer conductdamagespunitive damages
References
152
Case No. MISSING
Regular Panel Decision

Goldberg v. Edson

The plaintiffs appealed two orders from the Supreme Court, Rockland County. The first order, dated January 5, 2006, granted summary judgment to defendants Page Edson and the County of Rockland, dismissing the complaint against them regarding claims of legal and medical malpractice. The second order, dated January 23, 2006, granted summary judgment to defendant Elizabeth O’Connor, dismissing the complaint against her for legal malpractice. The appellate court affirmed both orders, finding that Edson and the County were immune from liability under Social Services Law § 419 for reporting suspected child abuse and removing a child, and that O’Connor was not negligent in her legal services.

Legal MalpracticeMedical MalpracticeSummary JudgmentChild Abuse ReportingSocial Services LawImmunityMandated ReportersAppellate ReviewGood FaithNegligence
References
6
Case No. MISSING
Regular Panel Decision

Washington Legal Foundation v. Texas Equal Access to Justice Foundation

The Washington Legal Foundation, along with a Texas attorney and a legal services consumer, challenged the mandatory Texas Interest on Lawyers’ Trust Accounts (IOLTA) Program, alleging violations of their First and Fifth Amendment rights. They claimed the program constituted a taking of property without just compensation and compelled financial support for objectionable organizations. The Defendants, including the Texas Equal Access to Justice Foundation and Supreme Court Justices, sought summary judgment, arguing the IOLTA program did not infringe on constitutional rights and served a legitimate state interest in providing legal services to the indigent. The Court granted summary judgment in favor of the Defendants, concluding that no cognizable property interest in the IOLTA-generated interest existed and no First Amendment violations occurred. Consequently, all plaintiffs' claims were dismissed with prejudice.

Fifth AmendmentFirst AmendmentIOLTA ProgramTaking ClauseFreedom of SpeechFreedom of AssociationSummary JudgmentTexasState BarLegal Services
References
51
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