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

Case No. 2-07-197-CV
Regular Panel Decision
Jul 12, 2007

in Re Jennifer Campos

Jennifer Campos sought a writ of mandamus to compel Judge Jake Collier to rescind an order requiring her to appear for a Rule 202 deposition and produce documents. Campos argued that venue was improper in Denton County and that the trial court abused its discretion by granting the Rule 202 discovery. The appellate court found that venue was proper in Denton County, but agreed that the trial court abused its discretion by ordering Campos's deposition as she possessed no useful information. Therefore, the writ of mandamus was conditionally granted, ordering the trial court to vacate its May 29, 2007 order.

Writ of MandamusRule 202 DepositionDiscovery AbusePresuit DiscoveryVenue ChallengeWorkers' Compensation AdjusterInvestigative ReportAppellate ReviewTexas Rules of Civil ProcedureAbuse of Discretion
References
5
Case No. MISSING
Regular Panel Decision
Oct 22, 1986

Leonard Engineering, Inc. v. Zephyr Petroleum Corp.

In an action to foreclose a mechanic's lien, plaintiff Leonard Engineering, Inc. appealed an order that granted defendant New York Paving, Inc.'s motion to discharge the lien and dismiss the complaint, and denied Leonard's cross-motion to amend the lien. Leonard had provided engineering services to defendant Zephyr Petroleum Corporation, which then conveyed the property to New York Paving, Inc. with a trust fund provision in the deed, before Leonard filed its lien. The lien was subsequently filed with an incorrect lot number. The appellate court affirmed the lower court's decision, holding that the lien was ineffective against New York Paving due to the Lien Law § 13 (5) trust fund provision in the deed, which protected the purchaser. Consequently, Leonard's appeal to amend the notice of lien was dismissed as academic.

Mechanic's LienLien LawForeclosureTrust Fund ProvisionReal PropertyDeed CovenantNotice of LienLien AmendmentMisdescriptionAppellate Review
References
1
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. 02-22-00266-CV
Regular Panel Decision
Nov 02, 2023

Zachary D. Leonard v. City of Burkburnett, Texas, Lawrence Cutrone and Eddie Stahr

Zachary D. Leonard, a former police officer for the City of Burkburnett, sued the City and individual employees (Cutrone, Stahr, Guevara, Tillman) after his employment was terminated in 2019. Leonard alleged wrongful termination, denial of constitutional rights (free speech, assembly, equal protection, due course of law, petition), and violations of government and labor codes, primarily stemming from his involvement in efforts to secure civil-service protection for police employees. The appellees filed pleas to the jurisdiction, which the trial court granted, dismissing all of Leonard's claims. On appeal, the Court affirmed in part, reversed and remanded in part. Specifically, the Court found Leonard pleaded facially valid ultra vires claims for violations of his free speech and assembly rights, and for Cutrone's alleged failure to comply with Section 614.023(c) of the Government Code. The Court remanded these claims for further proceedings and also allowed Leonard to replead his equal-protection and due-course-of-law claims, and a claim regarding the City's formal appeal procedure. All other claims were properly dismissed.

Governmental ImmunityUltra ViresWrongful TerminationFirst Amendment RightsFree SpeechFreedom of AssemblyDue ProcessEqual ProtectionPlea to the JurisdictionCivil Service Protection
References
110
Case No. CV-23-0298
Regular Panel Decision
Feb 15, 2024

In the Matter of the Claim of Gayle Leonard

Gayle Leonard, an alteration seamstress, filed a workers' compensation claim after contracting COVID-19 at work. The employer and its carrier controverted the claim, arguing it was not a causally-related injury. A Workers' Compensation Law Judge (WCLJ) initially established the claim for occupationally contracted COVID-19. The Workers' Compensation Board affirmed this decision, finding that Leonard demonstrated specific exposure to COVID-19 in the workplace through interactions with a coworker who tested positive. The Board also concluded that Leonard was entitled to the presumption of compensability under Workers' Compensation Law § 21, which the carrier failed to rebut, having waived the right to an independent medical exam. The Appellate Division affirmed the Board's decision, ruling that contracting COVID-19 in the workplace can qualify as an unusual hazard and is compensable. The court found substantial evidence supported the Board's determination of a work-related injury due to specific exposure and upheld the application of the statutory presumption, concluding that a causal connection between the injury and employment was established.

COVID-19Workers' CompensationAccidental InjuryWorkplace ExposurePresumption of CompensabilityCausal ConnectionAppellate ReviewSubstantial EvidenceAlteration SeamstressOccupational Illness
References
6
Case No. MISSING
Regular Panel Decision

Campos v. State

Edwin Arnoldo Campos, an employee of Volt assigned to 3M, was indicted for first-degree felony theft exceeding $200,000. He illegally appropriated window-tinting materials from the 3M warehouse, selling them for cash through his business "3rd Coast Tinters" and providing tinting services at the warehouse. Despite admitting his guilt to 3M security, Campos appealed his conviction, challenging the legal and factual sufficiency of the evidence regarding ownership of the stolen property and the admission of a November 2006 inventory as a business record. The court affirmed the conviction, finding sufficient evidence that Kim Volner, a 3M auditing manager and shareholder, had a superior right to possession of the materials, thus qualifying as an "owner" under the Penal Code. The court also deemed the erroneous admission of the inventory record as harmless error due to other substantial evidence of theft.

TheftFirst-degree felonySufficiency of EvidenceOwnershipBusiness Records ExceptionHearsay RuleConfrontation ClauseHarmless Error AnalysisCriminal LawInventory Losses
References
29
Case No. MISSING
Regular Panel Decision
Jun 01, 1960

Leonard v. Hare

The case involves an agricultural worker, Hare, who sued his employer, O. P. Leonard as trustee, for personal injuries sustained during employment while operating a tractor. Hare had signed a release of common-law liability and accepted voluntary compensation benefits because he was not covered by workers' compensation law. The jury found that Hare lacked the mental capacity to understand the release at the time of signing. Leonard argued that Hare ratified the agreement by subsequently accepting the compensation payments. The Supreme Court held that for an election of remedy or ratification to be valid, the party must have full knowledge of all available remedies and pertinent facts. Since Hare's lack of mental capacity at the time of signing was supported by evidence, and he did not know of his right to pursue a common-law action against his employer when accepting payments, he did not ratify the agreement as a matter of law. Therefore, the judgment of the Court of Civil Appeals, which affirmed the damages awarded to Hare, was affirmed.

Common-law actionPersonal injuryEmployer liabilityVoluntary compensation policyRelease agreementMental capacityRatificationElection of remediesWorkers' compensation exemptionDamages
References
8
Case No. NO. 03-03-00443-CV
Regular Panel Decision
Jul 21, 2005

Erik Leonard v. Greg Abbott, Attorney General of Texas The Harris County-Houston Sports Authority Harris County And the City of Houston

Erik Leonard appealed orders from the District Court of Travis County, which declared him a vexatious litigant and dismissed his lawsuit for failing to furnish court-ordered security. Leonard argued that the vexatious litigant statutes violated his rights to due process, equal protection, and open courts, and that there was insufficient evidence to support the vexatious litigant finding. The appellate court affirmed the trial court's orders, finding the statutes constitutional and that sufficient evidence supported Leonard's vexatious litigant status due to his history of repeatedly filing similar, dismissed lawsuits. The court also upheld the dismissal of his suit and the limitation on oral argument time.

Vexatious LitigantDismissal of LawsuitConstitutional LawDue ProcessEqual ProtectionOpen Courts ProvisionStatutory InterpretationAbuse of DiscretionLegal SufficiencyFactual Sufficiency
References
30
Case No. NO. 03-06-00631-CV
Regular Panel Decision
Mar 26, 2009

Samuel Campos v. Texas Property & Casualty Insurance Guaranty Association for Reliance National Indemnity Company, an Impaired Carrier

Samuel Campos, an employee, was injured on the job, leading to disputes over his impairment rating and reimbursement for travel expenses. The Texas Workers’ Compensation Commission affirmed a designated doctor's 6% impairment rating and denied travel expenses, which Campos challenged in court. The case involved the Texas Property & Casualty Insurance Guaranty Association (TPCIGA) because Campos's employer's insurer became impaired. Initially filed in Winkler County, the case was transferred to Travis County, where TPCIGA was granted summary judgment. The Third District Court of Appeals reversed the summary judgment, ruling that the Workers' Compensation Act's specific mandatory venue provision, which places venue in the county of the employee's residence at the time of injury (Winkler County), overrides the Guaranty Act's general venue provision, which would place it in Travis County. The court remanded the case with instructions to transfer it to Winkler County.

Workers' CompensationVenue DisputeMandatory VenueStatutory ConstructionTexas Labor CodeTexas Insurance CodeImpairment RatingTravel Expenses ReimbursementJudicial ReviewAppellate Procedure
References
12
Case No. 01–08–00616–CR
Regular Panel Decision
Jun 03, 2010

Edwin Arnoldo Campos v. State

Appellant Edwin Arnoldo Campos was found guilty of first-degree felony theft of property valued at over $200,000. He was an employee of Volt Services assigned to a 3M company warehouse and established his own window-tinting business, '3rd Coast Tinters,' using materials stolen from 3M. Inventory shortages were discovered, leading to a private investigation and appellant's confession. On appeal, Campos challenged the legal and factual sufficiency of the evidence regarding ownership of the stolen property by Kim Volner, a 3M auditing manager, and the trial court's admission of certain inventory records. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence for ownership and concluding that any error in admitting records was harmless.

TheftFelonyCriminal LawEvidence SufficiencyBusiness Records ExceptionHearsay RuleConfrontation ClauseInventory ShortageEmployee MisconductCorporate Investigation
References
29
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