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

Case No. 03-02-00107-CV
Regular Panel Decision
Oct 10, 2002

Hartford Underwriters Insurance Company/Richard Hafley v. Richard Hafley/Hartford Underwriters Insurance Company

Hartford Underwriters Insurance Company appealed an award of Supplemental Income Benefits (SIBs) by the Worker's Compensation Commission to Richard A. Hafley. The district court affirmed the award and granted attorney's fees to Hafley. Hartford argued the Commission improperly calculated Hafley's self-employment income based on net rather than gross income, insufficient evidence supported the award, and Hafley was not entitled to attorney's fees. Hafley cross-appealed, challenging the district court's jurisdiction due to an incorrect county for filing the appeal. The Court of Appeals affirmed the district court's judgment, finding the venue requirement was not jurisdictional and upholding the Commission's discretion in calculating wages for self-employed claimants and the award of attorney's fees.

Supplemental Income Benefits (SIBs)Self-Employment IncomeNet vs. Gross Income CalculationAttorney's Fees AwardJurisdiction and VenueStatutory InterpretationAdministrative DiscretionAppellate ProcedureLegal Sufficiency of EvidenceFactual Sufficiency of Evidence
References
10
Case No. MISSING
Regular Panel Decision

Lumbermen's Underwriting Alliance v. Bell

This case involves an appeal by Lumbermen’s Underwriting Alliance, an insurance carrier, from a judgment awarding death benefits to Dorothy Lane Bell on behalf of her minor son, Vincent B. Bell, under the Workers’ Compensation Act. The deceased workman, Louis L. Whitaker, died from cardiac arrest due to heat stroke while working for Nacogdoches County Lumber Company on a hot day in May 1977. The appellant argued that Whitaker's death was caused by medication he was taking for a nervous disorder, not heat stroke. The jury found that Whitaker sustained a heat stroke in the course of his employment, which was the producing cause of his death. The appellate court affirmed the trial court's judgment, finding insufficient evidence to support the appellant's claim regarding the drugs.

Workers' Compensation Death BenefitsHeat Stroke FatalityCardiac ArrestCausation DisputeMedical Expert TestimonyDrug Interaction DefenseCircumstantial Evidence AdmissibilityScope of EmploymentAppellate AffirmationInsurance Carrier Liability
References
6
Case No. 09-14-00521-CV
Regular Panel Decision
Jan 22, 2015

in Re Texas Alliance of Energy, AKA Texas Alliance of Energy Producers Workers' Compensation Self-Insured Group Trust

This original proceeding for mandamus relief concerns a dispute arising from a workers' compensation claim. The Relator, Texas Alliance of Energy, sought to challenge the 253rd District Court of Liberty County's jurisdiction over extra-contractual and workers' compensation claims filed by John Bennett. Bennett had sustained a compensable injury, and administrative proceedings determined his maximum medical improvement and impairment rating, denying supplemental income benefits (SIBs). The Court of Appeals conditionally granted the writ in part, ruling that the trial court improperly exercised jurisdiction over Bennett's extra-contractual claims and an unpreserved waiver issue. However, the court affirmed the trial court's jurisdiction regarding Bennett's appeal of the SIBs entitlement, providing an opportunity for Bennett to amend his pleadings.

MandamusWorkers' CompensationJurisdictionAdministrative RemediesSupplemental Income BenefitsImpairment RatingExtra-Contractual ClaimsTexas Court of AppealsSummary JudgmentPlea to the Jurisdiction
References
13
Case No. 09-15-00263-CV
Regular Panel Decision
Aug 31, 2015

in Re Texas Alliance of Energy, AKA Texas Alliance of Energy Producers Workers' Compensation Self-Insured Group Trust

John Bennett sustained a compensable injury in 2006, leading to administrative proceedings by the Division of Workers’ Compensation (DWC) and two Appeals Panel decisions in 2011 and 2014 regarding his impairment rating and entitlement to supplemental income benefits (SIBs). Bennett then filed a lawsuit, which was repeatedly amended to include claims of negligence, intentional infliction of emotional distress, and fraud, and sought judicial review of both Appeals Panel decisions. Texas Alliance of Energy, as Relator, petitioned for a writ of mandamus arguing the trial court lacked subject matter jurisdiction over unexhausted extra-contractual claims and untimely filed claims. The Court of Appeals conditionally granted mandamus relief in part, directing the trial court to dismiss Bennett’s medical benefits claims for lack of subject matter jurisdiction. The court found that Bennett had not exhausted administrative remedies for his claims-handling disputes, medical benefits, and claims for failing to timely provide medical treatment.

Workers' CompensationMandamusSubject Matter JurisdictionExhaustion of Administrative RemediesSupplemental Income BenefitsAppeals Panel DecisionTrial Court JurisdictionExtra-contractual ClaimsMedical Benefits ClaimsTimeliness of Appeal
References
17
Case No. MISSING
Regular Panel Decision
Oct 18, 1939

Casualty Underwriters v. Rhone

Upshur Rhone, an employee of C. H. McDaniel, sustained injuries while performing work on a construction site. The central issue was determining which of two insurance carriers, Casualty Underwriters (for McDaniel) or Traders and General Insurance Company (for Beaumont Development Corporation), was liable for workers' compensation. The trial court initially found Beaumont Development Corporation liable, but the Court of Civil Appeals reversed, assigning liability to McDaniel's insurer, Casualty Underwriters. The Commission of Appeals affirmed the Court of Civil Appeals' decision, concluding that Rhone was employed by McDaniel at the time of injury, thus making Casualty Underwriters responsible. The court also addressed and reconciled perceived conflicts in the jury's findings regarding the permanence and duration of Rhone's injury.

Workers' CompensationEmployee Loaned DoctrineInsurance Coverage DisputeSubcontractor LiabilityGeneral Contractor LiabilityJury Verdict InterpretationAppellate ReviewTexas Commission of AppealsEmployer IdentificationIndustrial Injury
References
3
Case No. 09-17-00364-CV
Regular Panel Decision
Nov 16, 2017

in Re Texas Alliance of Energy Producers – Workers' Compensation Self-Insured Group Trust

Texas Alliance of Energy Producers – Workers’ Compensation Self-Insured Group Trust (Texas Alliance) sought mandamus relief after a trial court denied its plea to the jurisdiction. Texas Alliance contended that John Bennett's claims fell within the exclusive jurisdiction of the Division of Workers’ Compensation. Bennett had filed a new suit alleging negligence, intentional infliction of emotional distress, and fraud against Texas Alliance regarding his workers' compensation claim. The Court of Appeals concluded that all of Bennett's claims arose from the workers' compensation claims-handling process, which is exclusively governed by the Workers’ Compensation Act. Therefore, the trial court abused its discretion by denying the plea to the jurisdiction, and the mandamus relief was conditionally granted, directing the trial court to dismiss Bennett's lawsuit.

MandamusPlea to JurisdictionExclusive JurisdictionWorkers' Compensation ActClaims Handling ProcessAbuse of DiscretionTexas Court of AppealsSelf-Insured Group TrustJudicial ReviewAdministrative Remedies
References
1
Case No. 11-20-00206-CV
Regular Panel Decision
Sep 09, 2021

the Ector County Alliance of Businesses v. Greg Abbott, in His Official Capacity as Governor of the State of Texas John W. Hellerstedt, in His Official Capacity as the Commissioner of Public Health of the State of Texas and/or as Commissioner of the Texas Department of State Health Services And the State of Texas.

The Ector County Alliance of Businesses challenged Texas Governor Greg Abbott and Public Health Commissioner John Hellerstedt regarding executive orders and declarations imposing COVID-19 restrictions, specifically on bars. The Alliance, comprising Ector County bar operators, argued that sections of the Texas Disaster Act were unconstitutional and that the officials acted ultra vires. The trial court initially granted pleas to the jurisdiction. On appeal, the Eleventh Court of Appeals, finding several issues moot due to intervening events like superseded orders and legislative amendments, dismissed all claims against the Commissioner and the Alliance's second through fifth causes of action against the Governor and the State for lack of jurisdiction. The court affirmed the trial court's dismissal of the Alliance's first cause of action against the Governor and the State, concluding the Alliance lacked standing for prospective relief.

COVID-19Texas Disaster ActPublic Health DisasterExecutive OrdersConstitutional ChallengeSeparation of PowersMootnessStandingSovereign ImmunityInjunctive Relief
References
38
Case No. MISSING
Regular Panel Decision

Underwriters Life Insurance Co. v. Cobb

The Underwriters Life Insurance Company appealed a judgment awarded to Terrell and Edith Cobb following Underwriters' refusal to pay Edith Cobb's medical insurance claim. The jury found Underwriters liable for breach of contract, bad faith, negligence, and violations of the Texas Insurance Code and the Deceptive Trade Practices Act. The lawsuit stemmed from an unlicensed agent's failure to accurately record Mrs. Cobb's medical history on her insurance application, despite the Cobbs providing truthful information. The appellate court affirmed the jury's findings on liability but ordered a remittitur of $500,000.00 from the $1,000,000.00 punitive damages award, finding it excessive. The case was remanded for a new trial unless the remittitur was filed.

Insurance LawBad FaithPunitive DamagesTexas CourtsAgent MisconductMisrepresentationPolicy DenialDeceptive Trade Practices ActNegligenceAppellate Affirmance
References
29
Case No. 09-16-00437-CV
Regular Panel Decision
May 17, 2018

Texas Alliance of Energy Producers - Workers Compensation Self-Insured Group Trust v. John Bennett

This case involves an appeal concerning a workers' compensation claim filed by John Bennett against Texas Alliance of Energy Producers – Workers’ Compensation Self-Insured Group Trust. Bennett suffered a work-related injury and received a summary judgment in his favor in April 2016 for supplemental income benefits. Later, in October 2016, the trial court issued another order substantially increasing Bennett's awards. Texas Alliance appealed the October order, arguing the trial court lacked plenary jurisdiction. The Court of Appeals agreed, concluding that the trial court's plenary power had expired before signing the October order, rendering it void as the changes were judicial rather than clerical. As Texas Alliance failed to timely appeal the final April 2016 order, the Court of Appeals vacated the October 2016 order and dismissed Texas Alliance's appeal.

Workers' CompensationPlenary JurisdictionSummary JudgmentFinal OrderVoid OrderAppellate ProcedureClerical ErrorJudicial ErrorTimely AppealJurisdiction
References
21
Case No. MISSING
Regular Panel Decision

Consolidated Underwriters v. Strahand

Kinzie Strahand, an employee of Wier Long Leaf Lumber Company, sustained an injury on July 11, 1932. Consolidated Underwriters, the insurer, initially paid $33 in compensation. Strahand later claimed total and permanent disability, a claim denied by the Industrial Accident Board on December 14, 1933. He appealed to the district court of Newton County, Texas, which ruled in his favor with a lump sum award of $2,659.80. Consolidated Underwriters appealed this decision, challenging the notice of injury and the sufficiency of evidence for total and permanent disability. The appellate court affirmed the district court's judgment, finding no reversible error.

Workers' CompensationTotal DisabilityPermanent DisabilityNotice of InjuryJurisdictionSufficiency of EvidenceJury FindingsAppellate ReviewTexas LawIndustrial Accident Board
References
7
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