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Case Law Database

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

Case No. 10-10-00440-CV
Regular Panel Decision
Jul 20, 2011

in the Interest of L.D.E. and C.E., Children

This case involves Robert's appeal against an order terminating his parental rights to his children, L.D.E. and C.E. The Texas Department of Family and Protective Services initiated the termination suit due to allegations of domestic violence and drug/alcohol abuse by Robert and the children's mother, Lucy. The children were removed from their parents' care multiple times after failed monitored returns, which were disrupted by further incidents of family violence witnessed by the children. The appellate court affirmed the trial court's decision, finding that it had proper jurisdiction and that there was legally and factually sufficient evidence to support the finding that termination was in the best interest of the children, citing factors such as domestic violence, substance abuse, Robert's criminal history and parole violations, and the detrimental impact on the children's development.

Domestic ViolenceChild WelfareParental Rights TerminationBest Interest of ChildSufficiency of EvidenceJurisdictionFamily LawTexasChild NeglectSubstance Abuse
References
20
Case No. 03-16-00473-CV
Regular Panel Decision

E. A.// Texas Department of Family and Protective Services v. Texas Department of Family and Protective Services// Cross-Appellee, E. A.

This document is an appeal brief filed by the Texas Department of Family and Protective Services (the Department) in the Third Court of Appeals, Austin, Texas. The appeal concerns an administrative proceeding where E.A. challenged a Texas Health and Human Services Commission order. The order affirmed the Department's decision to place E.A.'s name in the Employee Misconduct Registry after an administrative law judge found E.A. neglected residents at Four J’s Community Living Center. The central argument of the brief is that the trial court lacked subject-matter jurisdiction over E.A.'s suit for judicial review because E.A. failed to file a timely motion for rehearing, a jurisdictional prerequisite under the Administrative Procedure Act. The Department seeks to reverse the trial court's order denying its plea to the jurisdiction and to dismiss E.A.'s suit.

Administrative LawJudicial ReviewSovereign ImmunityEmployee Misconduct RegistryContested CaseMotion for RehearingJurisdictionAppellate ProcedureStatutory InterpretationTexas Government Code
References
13
Case No. 04-22-00264-CV
Regular Panel Decision
May 31, 2023

In the Interest of E.J.M., a Child v. the State of Texas

This case concerns the termination of J.A.M.'s parental rights to his daughter, E.J.M., by the Fourth Court of Appeals, San Antonio, Texas. The trial court's order of termination was affirmed. The jury found grounds for termination based on J.A.M.'s conduct endangering E.J.M.'s physical or emotional well-being, citing his drug use with E.J.M.'s mother during pregnancy, extensive criminal history, and an assault charge against the mother. Despite J.A.M.'s demonstrated improvements, completion of service plans, and recommendations for reunification from caseworkers, the appellate court found sufficient evidence to support the endangerment finding and that termination was in the child's best interest, emphasizing E.J.M.'s significant medical and therapeutic needs and the stability provided by the foster parents.

Parental Rights TerminationChild EndangermentDrug AbuseCriminal HistoryDomestic ViolenceBest Interest of ChildFoster CareTexas Family Code Section 161.001Appellate ReviewSufficiency of Evidence
References
32
Case No. 08-10-00222-CV
Regular Panel Decision
Jul 10, 2013

David Nelson, Individually and D/B/A Collective Contracting, a Sole Proprietorship Collective Contracting, Inc. E. E. Hood & Sons, Inc. v. Vernco Construction, Inc.

Vernco Construction, Inc. (Appellee) sued David Nelson and E.E. Hood & Sons, Inc. (Appellants) for multiple claims including breach of contract, quantum meruit, unjust enrichment, and various fraud claims. The Appellants challenged the trial court's denial of their motion to dismiss for lack of jurisdiction, asserting that Vernco had assigned its interest in the claims to Jefferson State Bank via a forbearance agreement. The appellate court examined the forbearance agreement, concluding that it unambiguously transferred ownership of the litigation and its proceeds to the bank. This transfer deprived Vernco of any retained interest or standing in the lawsuit. Consequently, the appellate court determined that both the trial court and the appellate court lacked subject matter jurisdiction, leading to the vacating of the trial court's judgment and the dismissal of the case.

StandingSubject Matter JurisdictionAssignment of ClaimsForbearance AgreementBreach of ContractAppellate JurisdictionTexas Business and Commerce CodeJudicial ReviewCase DismissalVacated Judgment
References
20
Case No. ADJ7026308
Regular
Apr 01, 2011

CARLOS HERRERA vs. OBSTRO HERMITAGE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board disqualified both the applicant's former counsel, Law Office of Lionel E. Giron, and the defendant's counsel, Tobin-Lucks, due to a conflict of interest. Applicant's attorney, Heather Brandt, failed to obtain informed written consent from her client before seeking and accepting employment with Tobin-Lucks, who represented the opposing party. Sanctions of $250 were imposed on William K. Calderon and the Law Office of Lionel E. Giron for this misconduct. The prior WCJ decision was rescinded, and the case was returned for a new trial with new counsel.

Workers' Compensation Appeals BoardDecision After Reconsiderationdisqualificationsanctionslabor code section 5813WCAB Rule 10561industrial injurylow backheadneck
References
0
Case No. 2019 NY Slip Op 08300 [177 AD3d 1370]
Regular Panel Decision
Nov 15, 2019

Warren v. E.J. Militello Concrete, Inc.

Plaintiffs, Gary E. Warren et al., commenced a negligence action against E.J. Militello Concrete, Inc., and Verizon New York, Inc., seeking damages for injuries sustained by Gary E. Warren on a sidewalk outside his employer, Verizon. The Supreme Court, Erie County, granted Verizon's motion for summary judgment, concluding that workers' compensation benefits were the exclusive remedy. On appeal, the Appellate Division, Fourth Department, reversed this decision. The appellate court held that the Workers' Compensation Board has primary jurisdiction to determine the applicability of the Workers' Compensation Law, and thus the Supreme Court should not have ruled on the summary judgment motion at that stage. The case was remitted to the Supreme Court for further proceedings after a determination by the Workers' Compensation Board.

NegligenceWorkers' CompensationPrimary JurisdictionSummary JudgmentAppellate ProcedureRemittalScope of EmploymentSidewalk AccidentErie CountyFourth Department
References
3
Case No. MISSING
Regular Panel Decision

E-Z Mart Stores, Inc. v. Hale

Linda Hale sued E-Z Mart Stores, Inc. for breach of contract and breach of the duty of good faith and fair dealing after E-Z Mart stopped paying her workers' compensation benefits following a workplace injury. E-Z Mart, a nonsubscriber to the Workers' Compensation Act, had implemented a self-insurance program, assuring employees that claims would be handled like traditional workers' compensation. The jury found E-Z Mart breached its contract and duty of good faith, and the trial court awarded Hale significant damages. On appeal, E-Z Mart argued no contract existed and that the duty of good faith did not apply to a self-insured entity. The appellate court affirmed the trial court's judgment, deeming the existence of an implied contract and holding that E-Z Mart, by assuming the role of an insurer, was subject to the duty of good faith and fair dealing. The court also rejected E-Z Mart's statute of limitations defense.

Workers' CompensationSelf-InsuranceBreach of ContractGood Faith and Fair DealingImplied ContractTexas LawStatute of LimitationsEmployer LiabilityEmployee BenefitsAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

in the Interest of E.M. and J.M., Children

Jessica M. and Daniel M. appealed the judgment terminating their parental rights for children E.M. and J.M. Jessica raised issues regarding the admissibility of E.M.'s therapist statements, the legal and factual sufficiency of evidence for predicate grounds and best interest, and errors in jury instructions. Daniel challenged the admissibility of E.M.'s statements and the sufficiency of evidence for best interest. The court found E.M.'s statements, detailing abuse and neglect, to be admissible and reliable. Parental rights were terminated based on findings of endangerment through conditions, conduct, and failure to comply with court orders. Evidence included a domestic disturbance, K2 drug use allegations, positive drug tests, parental instability, and E.M.'s expressed fear. The court affirmed the jury's findings against Jessica. Daniel's sufficiency complaints were not preserved, and jury charge errors were overruled. The trial court's judgment was affirmed.

Parental Rights TerminationChild Abuse and NeglectHearsay EvidenceChild Therapist TestimonyDomestic ViolenceDrug AbuseSufficiency of EvidenceBest Interest of the ChildJury InstructionsAppellate Procedure
References
56
Case No. MISSING
Regular Panel Decision

E.V.R. II Associates, Ltd. v. Brundige

Riley T. Brundige, a security service employee, sued E.V.R. II Associates, Ltd., E.V.R. II Partnership, and Enclave Development Corporation (Enclave) for personal injuries sustained from a fall on their premises on April 18, 1987. Liberty Mutual Fire Insurance Company intervened as the workers' compensation carrier for Brundige's employer, seeking subrogation for $47,293.73 in indemnity and medical payments. A jury found in favor of Brundige, awarding him $270,468.43, and Liberty Mutual was awarded $46,500.00 from Brundige's recovery, plus $22,000.00 in attorney's fees. Enclave appealed, raising points regarding the admission of workers' compensation benefits evidence, the denial of a separate trial for Liberty Mutual's subrogation claim, jury challenges, and the admission of post-accident repair photographs. The court affirmed the judgment, finding no reversible error.

Premises LiabilityPersonal InjuryWorkers' Compensation SubrogationEvidentiary RulesSubsequent Remedial MeasuresJury SelectionPeremptory ChallengesAntagonism Between PartiesInterventionAppellate Review
References
15
Case No. 03-96-00520-CV
Regular Panel Decision
Jul 24, 1997

P.R.I.D.E. v. Texas Workers' Compensation Commission and Fidelity & Casualty Company of New York

P.R.I.D.E., a provider of medical and rehabilitation services, appealed the dismissal of its petition for judicial review by a district court. The original petition sought to overturn a Texas Workers' Compensation Commission order denying P.R.I.D.E. reimbursement for services. The district court dismissed the case for lack of jurisdiction, ruling that P.R.I.D.E.'s petition was not timely filed, arriving 56 days past the statutory deadline. P.R.I.D.E. argued for a deemed timely filing based on reliance on mail service, but the appellate court affirmed the dismissal, finding the petition did not meet the established 'ten-day grace period' and P.R.I.D.E. failed to exercise due diligence. The appellate court modified the district court's dismissal to be without prejudice, as the court lacked jurisdiction to address the merits of the case.

Workers' CompensationJudicial ReviewTimely FilingJurisdictionAdministrative Procedure ActMailbox RuleAppellate ProcedureTravis CountyTexas LawDismissal
References
3
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