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

Case No. 03-17-00352-CV
Regular Panel Decision
Aug 22, 2018

Vista Medical Center Hospital Vista Healthcare, Inc. And Surgery Specialty Hospital, Inc.// State Office of Risk Management v. State Office of Risk Management// Vista Medical Center Hospital Vista Healthcare, Inc. And Surgery Specialty Hospital, Inc.

This case involves cross-appeals stemming from a dispute over the appropriate reimbursement for medical services provided by Vista Medical Center Hospital and its affiliates to injured employees covered by the State Office of Risk Management (SORM) under Texas workers’ compensation statutes. The district court had affirmed 23 administrative orders that required SORM to make additional payments to Vista, a decision which SORM challenged on appeal citing insufficient evidence. Vista, in turn, cross-appealed the district court's denial of prejudgment interest. The appellate court found substantial evidence supported the administrative law judges' conclusion that SORM's original reimbursement model was unfair and unreasonable, and that Vista's proposed methodology was valid. Consequently, the court affirmed the district court's judgment but modified it to include the prejudgment interest that Vista was statutorily entitled to.

Workers' CompensationMedical ReimbursementAdministrative LawAppellate ReviewSubstantial EvidencePrejudgment InterestTexas LawHealthcare ProvidersInsurance DisputesFee Guidelines
References
23
Case No. 13-00-313-CV
Regular Panel Decision
Nov 21, 2001

Montemayor, Rolando v. Chapa, Rolando, U.S.A., Waste-Management Resources, LLC, and Waste-Management of Texas, Inc., F/D/A U.S.A. Waste of Texas, Inc.

Rolando Montemayor, a temporary employee assigned to Waste Management, was injured in an automobile accident and received worker's compensation benefits through his general employer, Express Personnel Services. He subsequently sued Waste Management and its employee, Rolando Chapa, for negligence. The trial court granted summary judgment for the defendants, citing the borrowed servant and fellow servant doctrines, which bar common-law claims under the Texas Worker's Compensation Act's exclusive remedy provision. The Court of Appeals affirmed this decision, finding that Waste Management had the right of control over Montemayor, making him a borrowed servant, and Chapa a co-employee, thus upholding the summary judgment.

worker's compensationsummary judgmentborrowed servant doctrinefellow servant doctrinerespondeat superiortemporary employmentexclusive remedyTexas lawappellate reviewnegligence
References
18
Case No. 14-09-00860-CV
Regular Panel Decision
May 26, 2011

Weingarten Realty Management Company and Scottsdale Insurance Company v. Liberty Mutual Fire Insurance Company

This case involves an appeal from a trial court's summary judgment in an insurance-coverage dispute. Appellants Weingarten Realty Management Company and Scottsdale Insurance Company sought to compel appellee Liberty Mutual Fire Insurance Company to defend Weingarten Management in an underlying lawsuit where it was mistakenly identified as a lessor. The appellate court affirmed the trial court's decision, allowing the consideration of extrinsic evidence as a narrow exception to the eight-corners rule. This exception applies when an insurer proves, using extrinsic evidence, that the party seeking defense is a stranger to the policy and could not be entitled to coverage under any circumstances, without touching on the merits of the underlying claim. The court concluded that Weingarten Management was not an actual lessor and therefore not an insured under Liberty Mutual's policy.

Insurance CoverageDuty to DefendEight-Corners Rule ExceptionExtrinsic EvidenceSummary Judgment ReviewAppellate Court DecisionInsurance Policy InterpretationLessor StatusContractual DisputesTexas Civil Procedure
References
30
Case No. MISSING
Regular Panel Decision

Campaniello v. Board of Managers

This case involves a dispute between Thomas Campaniello, owner of two commercial condominium units, and the Board of Managers of the 225 East 57th Street Condominium. The dispute centers on the responsibility for repairing duct work connected to an auxiliary water tower serving only Campaniello's unit B, which the condominium disconnected. Campaniello filed a complaint alleging breach of contract, trespass, and partial eviction, claiming the condominium was responsible for repairs. The condominium moved to dismiss the complaint, arguing Campaniello was responsible for the maintenance of elements serving only his unit and that his claims lacked legal basis. The court granted the condominium's motion, dismissing all causes of action, including claims for punitive damages, finding Campaniello responsible for the unit's air-conditioning system maintenance.

Condominium LawProperty DisputeBreach of ContractTrespassPartial EvictionMotion to DismissBuilding Code ComplianceUnit Owner ResponsibilityCommon ElementsDeclarations and Bylaws
References
6
Case No. NO. 14-05-00819-CV
Regular Panel Decision
May 15, 2007

Norma Hunt v. State Office of Risk Management

Norma Hunt appealed a judgment in a workers' compensation case where a jury found she did not sustain a compensable psychological injury. Hunt had previously suffered physical injuries from a fall at work. She later developed depression and panic attacks, arguing these psychological conditions were compensable as a result of her original physical injury. The State Office of Risk Management disputed the compensability of the psychological component. The trial court rendered judgment in favor of Risk Management, and the appellate court affirmed, concluding that the evidence was legally and factually sufficient to support the jury's verdict that Hunt's compensable injury did not include a psychological component.

Workers' CompensationPsychological InjuryDepressionPanic AttacksCompensabilityPreexisting ConditionFactual SufficiencyLegal SufficiencyDirected VerdictCausation
References
8
Case No. 08-06-00077-CV
Regular Panel Decision
May 31, 2007

State Office of Risk Management v. Hector Escalante

The State Office of Risk Management (SORM) appealed a trial court's grant of a no-evidence summary judgment in favor of Hector Escalante. Escalante had suffered two work-related injuries and subsequently sought Supplemental Income Benefits (SIBS), which SORM disputed. Following administrative hearings, the Appeals Panel found Escalante qualified for SIBS for the disputed periods. SORM's appeal to the trial court was unsuccessful, leading to this current appeal. The Court of Appeals affirmed the trial court's judgment, concluding that SORM failed to present sufficient evidence to create a genuine issue of material fact against Escalante's qualification for SIBS.

Supplemental Income BenefitsSummary JudgmentImpairment RatingVocational RehabilitationCausationDisability BenefitsAppellate ReviewNo-Evidence MotionTexas Labor CodeAdministrative Appeals
References
5
Case No. NO. 07-04-0408-CV
Regular Panel Decision
Jul 25, 2006

State Office of Risk Management v. Terry Peeples

The State Office of Risk Management (SORM) appealed a summary judgment granted to Terry Peeples, an employee of Texas Tech University, concerning a workers' compensation claim for a back injury sustained in April 2002. The hearing officer and Workers’ Compensation Commission appeals panel determined that SORM waived its right to contest compensability by failing to pay benefits or dispute the claim within seven days of receiving written notice of the injury, as required by Tex. Lab. Code § 409.021 (the "Downs waiver"). SORM challenged this, arguing a factual dispute existed over the notice date and attempting to invoke the *Williamson* precedent. The Court of Appeals for the Seventh District of Texas overruled SORM's issues, finding insufficient evidence to support their claims regarding the notice date and determining *Williamson* was inapplicable, thereby affirming the trial court's judgment for Peeples.

Workers' Compensation ActDowns WaiverSummary Judgment AppealWaiver of CompensabilityTimely NoticePre-existing ConditionJudicial ReviewAppeals Panel DecisionTexas Labor CodeEmployer Liability
References
6
Case No. 14-09-01046-CV
Regular Panel Decision
Jun 22, 2010

950 Corbindale, L.P., 950 Corbindale Management, L.L.C., 9041 Katy Freeway, Ltd., 9041 Katy Freeway Management, L.L.C., 9039 Holdings Management, L.L.C., Lester Allison, and Richard Plessala v. Kotts Capital Holdings Limited Partnership and Kotts Captial Holdings, Inc.

This is an accelerated interlocutory appeal concerning the denial of a motion to stay litigation and compel arbitration. The appellees, Kotts Capital Holdings, had sought declaratory relief regarding partnership agreements. Appellants argued that the dispute fell within the scope of a valid arbitration agreement, despite a clause limiting awards to 'compensatory damages only.' The appellate court found that this limitation applied only to the type of damages, not the arbitrator's authority to grant declaratory relief. Consequently, the court reversed the trial court's order, compelling arbitration.

Arbitration AgreementMotion to CompelDeclaratory JudgmentContract InterpretationPartnership DisputeScope of ArbitrationAppellate ProcedureTexas LawRemandInterlocutory Appeal
References
11
Case No. MISSING
Regular Panel Decision
Jul 14, 1981

J. A. R. Management Corp. v. Sweeney

J. A. R. Management Corp. sold an apartment building to J. R. R. Realty Co., allegedly violating a collective bargaining agreement with Local 32B-32J S.E.I.U., AFL-CIO by failing to give notice and ensure the buyer adopted the agreement. The union initiated arbitration against both J. A. R. and J. R. R. and filed unfair labor practice charges with the National Labor Relations Board (NLRB) against J. R. R. Petitioners J. A. R. and J. R. R. sought to vacate the arbitration notice, arguing NLRB pre-emption. The Supreme Court granted their motion. On appeal, the judgment was modified: the notice to arbitrate was vacated only for J. R. R. Realty Co., while the motion against J. A. R. Management Corp. was denied. Arbitration against J. A. R. is stayed pending the NLRB's resolution of claims against J. R. R., after which arbitration may proceed for any unresolved disputes arising from the collective bargaining agreement.

ArbitrationCollective Bargaining AgreementNLRB Pre-emptionVacate Notice to ArbitrateEmployer-Union DisputeSale of BusinessSuccessor EmployerUnfair Labor PracticesStay of ArbitrationAppellate Review
References
2
Case No. 15-25-00134-CV
Regular Panel Decision
Jul 30, 2025

Texas Association of School Boards Risk Management Fund // Southwest Texas Junior College v. Southwest Texas Junior College // Cross-Appellee, Texas Association of School Boards Risk Management Fund

This case involves an intergovernmental contract dispute between the Texas Association of School Boards Risk Management Fund (Appellant) and Southwest Texas Junior College (Appellee). The College is seeking replacement cost value benefits under a self-insurance contract for property damage allegedly sustained during an April 2021 hailstorm. The College claims a waiver of the Fund’s governmental immunity under TEX. LOC. GOV’T CODE § 271.152, asserting equitable theories of waiver and unconscionability, and intentional torts of fraud and bad faith to expand coverage beyond the express terms of the agreement. The Fund argued that its governmental immunity had not been waived for these claims and damages, emphasizing that statutory waivers are to be narrowly construed. The trial court partially granted the Fund's jurisdictional plea, dismissing claims for exemplary, consequential, or treble damages, but denied the plea regarding the College's equitable and intentional tort theories, viewing them as defensive in nature. The Fund appeals this partial denial, arguing that the Act's narrow immunity waiver does not extend to these theories which attempt to create coverage where none explicitly exists in the written contract.

Governmental ImmunityContract DisputeSelf-Insurance PoolRisk ManagementEquitable DoctrinesIntentional TortsWaiverUnconscionabilityTexas LawAppellate Review
References
14
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