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Case Law Database

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

Case No. 02-11-00045-CV
Regular Panel Decision
Jan 22, 2015

Tayton Seth Finley v. Marguerite Breanne Finley

Tayton Seth Finley appealed the final decree of divorce from Marguerite Breanne Finley (Lilley) and a protective order. Finley raised issues concerning the permanent injunction, child support, attorney's fees, and property division. The Court of Appeals dissolved the permanent injunction, finding it was not properly pleaded, and modified the final decree accordingly. The court affirmed the divorce and protective order, determining that there was sufficient evidence for the protective order and no abuse of discretion in the awards for child support and attorney's fees. Finley's challenges to the property division and the denial of his motion for new trial were also rejected.

DivorceProtective OrderChild SupportAttorney's FeesProperty DivisionPermanent InjunctionDue ProcessSufficiency of EvidenceMootnessCollateral Consequences
References
51
Case No. 14-19-00883-CV
Regular Panel Decision
Oct 12, 2021

Marguerite Tamasy v. Lone Star College System

Marguerite Tamasy sued Lone Star College System for breach of her employment contract, alleging that Lone Star failed to contribute to her Optional Retirement Program (ORP) account, instead erroneously forwarding funds to the Texas Retirement System (TRS) for fourteen years. The trial court granted summary judgment in favor of Lone Star. On appeal, the Fourteenth Court of Appeals reversed and remanded the trial court's decision. The appellate court found that Tamasy raised a genuine issue of material fact regarding whether Lone Star breached its contractual obligation to continue her ORP participation. Additionally, the court concluded that the Texas Government Code § 830.108, which provides a procedure for correcting such errors, was not intended to be an exclusive remedy, thereby allowing Tamasy's breach of contract claim to proceed.

Employment Contract BreachPension Plan DisputeOptional Retirement ProgramTexas Retirement SystemSummary Judgment ReversalAppellate ReviewStatutory InterpretationExclusive RemedySovereign Immunity WaiverGovernment Code
References
37
Case No. ADJ7318712
Regular
Jul 03, 2013

MARGUERITE KINSELLA vs. SIMI VALLEY HOSPITAL, ADVENTIST HEALTH

The Appeals Board granted reconsideration to allow the defendant a credit for overpaid temporary disability indemnity against retroactive temporary disability indemnity, subject to proof. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, except for the credit issue. Defendant's claim for credit for overpaid permanent disability was denied as the award was already paid, though the possibility of future credit upon reopening was noted. The Board also clarified the attorney's fees award, requiring payment with "new money" if prior awards were already paid.

Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityPermanent DisabilityCredit for OverpaymentWCJAppeals BoardSubstantial EvidenceLabor Code Section 4909Equitable Principles
References
6
Case No. MISSING
Regular Panel Decision

Travelers Ins. Co. v. Johnson

This case, an appeal under the Texas Workmen’s Compensation Law, involves Marguerite Johnson and Callie Johnson, beneficiaries of the deceased Jack Johnson, Sr., seeking compensation from Travelers Insurance Company. Jack Johnson, Sr. died from a ruptured aortic aneurysm while performing strenuous labor in the course of his employment. The defendant argued the death was solely due to syphilis and natural causes, but the jury found the injury occurred in employment and caused death. The appellate court affirmed the judgment for the plaintiffs, concluding that sufficient evidence supported the jury's finding that the physical exertion caused increased blood pressure, leading to the rupture of the aneurysm and resulting in his death, despite his underlying syphilitic condition. The court also clarified the definition of 'producing cause' in compensation cases.

Workmen's CompensationAortic AneurysmSyphilisEmployment InjuryAccidental DeathCausal ConnectionMedical Expert TestimonyIndustrial Accident BoardLump Sum AwardTexas Law
References
5
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