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

Case No. 13-14-00242-CV
Regular Panel Decision
Dec 10, 2014

Maria Del Rosario Cortinas v. Noe Lopez

Maria Del Rosario Cortinas sued Noe Lopez for personal injuries sustained in a motor vehicle collision. Lopez's insurer, Reinsurance Company of America (RCA), became insolvent, leading to the Texas Property and Casualty Insurance Guaranty Association (TPCIGA) assuming Lopez's defense. The trial court dismissed Cortinas's suit as a death penalty discovery sanction due to her alleged failure to provide certain insurance declarations pages, explanation of benefits (EOB) forms, and a 'Release of Assignment of Lien.' Cortinas appealed, arguing that she exercised due diligence in attempting to comply with discovery orders and that the sanction was overly severe. The Court of Appeals found the sanctions unjust because Cortinas demonstrated good cause for her inability to produce some documents, made diligent efforts to obtain others, and the trial court failed to consider less stringent sanctions before dismissing the case. Therefore, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Personal InjuryMotor Vehicle CollisionDiscovery SanctionsTexas Property and Casualty Insurance Guaranty ActImpaired InsurerMotion to CompelMotion to DismissAbuse of DiscretionExhaustion of BenefitsHospital Lien
References
16
Case No. 08-20-00034-CV
Regular Panel Decision
Dec 21, 2021

the Casaubon Firm and Maria F. Lopez v. Texas Mutual Insurance Company

The Court of Appeals for the Eighth District of Texas considered an appeal from the 200th Judicial District Court of Travis County involving The Casaubon Firm and Maria F. Lopez (Appellants) against Texas Mutual Insurance Company (Appellee). The appeal concerned a judgment denying recovery of attorney's fees awarded to The Casaubon Firm by the Texas Department of Insurance, Worker’s Compensation Division. The appellate court reversed the lower court's judgment regarding the denial of attorney's fees for The Casaubon Firm and remanded the case to the trial court to redraw its judgment and rule on court costs. All other aspects of the trial court's judgment were affirmed. The Casaubon Firm was also awarded one-half of its costs of appeal.

TexasCourt of AppealsAttorney's FeesWorker's CompensationInsuranceJudgment ReversalRemandCosts of AppealTravis CountyEl Paso
References
0
Case No. 2024-50-4163
Regular Panel Decision
Mar 19, 2025

HERNANDEZ, RICARDO v. CARLOS LOPEZ, d/b/a EMMANUEL TREE SERVICE

Mr. Hernandez, an employee of Emmanuel Tree Service owned by Carlos Lopez, suffered a severe hand injury on August 21, 2023, while assisting with a sawing machine. He underwent partial amputation of his right index finger and repair of other lacerations by Dr. Todd Rubin. Mr. Lopez acknowledged the work injury and had paid some medical bills and temporary disability. Hernandez sought medical and temporary disability benefits, and eligibility from the Uninsured Employer's Fund. The Court ordered Mr. Lopez to pay Mr. Hernandez’s past and future medical bills totaling $13,457.18, but denied temporary disability benefits due to insufficient medical proof of disability duration. Additionally, Mr. Hernandez was found ineligible for benefits from the Uninsured Employer’s Fund due to late notification.

Work InjuryHand AmputationTemporary DisabilityMedical BenefitsUninsured Employer's FundEmployment RelationshipAssumed NameWorkers' Compensation ClaimsTennessee Labor LawExpedited Hearing
References
1
Case No. 01-07-00999-CV
Regular Panel Decision
May 27, 2010

El Paso Field Services Management, Inc. v. Ernesto Lopez and Georgia Lopez

Ernesto and Georgia Lopez sued El Paso Field Services Management, Inc. for personal injuries arising from a work-related incident. A jury found El Paso 80% negligent and Mr. Lopez 20% negligent. The trial court rendered judgment on the verdict. El Paso appealed, raising issues concerning the 'borrowed employee' doctrine, proximate cause, and entitlement to a credit for workers' compensation benefits. The Lopezes cross-appealed regarding the sufficiency of evidence for Mr. Lopez's 20% negligence. The Court of Appeals affirmed the district court's judgment on all points, finding legally and factually sufficient evidence for the jury's findings and declining to alter the collateral-source rule.

Personal InjuryWorkplace AccidentNegligenceBorrowed Employee DoctrineProximate CauseWorkers' Compensation BenefitsCollateral Source RuleAppellate ReviewJury FindingsContract Law
References
18
Case No. 22-0889
Regular Panel Decision
May 03, 2024

Oscar Renda Contracting, Inc. v. Theodis Bruce, Maria Bruce, Virginia Cordova, Sergio Cordova, Victor Corral, Jose Dominguez, Magdalena Juarez, Bernarda Lopez, Elisa Negrete, Maria Reyes, Luis Velazquez, Jose Valdez, Antonio Salgado, Maria Salgado, and Iris Jordan

In a construction dispute, homeowners sued Oscar Renda Contracting, Inc. for negligence and gross negligence, seeking actual and exemplary damages. The jury awarded exemplary damages, but its verdict was not unanimous. The trial court excluded exemplary damages, citing Civil Practice and Remedies Code Section 41.003, which requires jury unanimity for such awards. The court of appeals reversed, suggesting that unanimity could be implied and that the defendant had waived its objection. The Supreme Court of Texas reversed the court of appeals, holding that the burden to secure a unanimous verdict for exemplary damages rests with the claimant. The Court emphasized that unanimity cannot be implied or deemed in the face of a divided verdict and reinstated the trial court's judgment excluding exemplary damages.

Exemplary DamagesJury UnanimityCivil ProcedureStatutory InterpretationBurden of ProofTexas Supreme CourtConstruction DisputeGross NegligenceDivided VerdictJury Instructions
References
15
Case No. MISSING
Regular Panel Decision

Seabright Insurance Company v. Maximina Lopez, Beneficiary of Candelario Lopez

Candelario Lopez, an employee of Interstate Treating, Inc., died in an automobile accident while traveling to a remote job site. His wife, Maximina Lopez, sought death benefits, which SeaBright Insurance Co. denied, arguing Lopez was not in the course and scope of his employment. Administrative and lower court decisions affirmed that Lopez was acting within his employment. The Supreme Court of Texas affirmed the lower court's judgment, ruling that Lopez's travel originated in and furthered Interstate Treating's business due to the nature of his temporary, remote assignments, employer-provided vehicle, and payment of expenses. The Court concluded that Lopez was acting in the course and scope of his employment, entitling Maximina to benefits.

Workers CompensationCourse and Scope of EmploymentAutomobile AccidentEmployee TravelRemote Job SitesEmployer-Provided TransportationDeath BenefitsSummary Judgment ReviewTexas Supreme CourtLabor Code Interpretation
References
22
Case No. 13-22-00216-CV
Regular Panel Decision
Aug 03, 2023

Oscar Gonzalez v. Santiago Lopez D/B/A Lopez Carpets

Oscar Gonzalez appealed the trial court's grant of summary judgment in favor of Santiago Lopez d/b/a Lopez Carpets. Gonzalez had sued Lopez for negligence and gross negligence after a workplace injury, but Lopez argued the Texas Division of Workers' Compensation (DWC) had exclusive jurisdiction. An Administrative Law Judge (ALJ) determined Gonzalez was an employee, and the trial court dismissed Gonzalez's subsequent judicial review claim against Lopez, ruling Lopez was not the proper party. The Court of Appeals affirmed, holding that Gonzalez was bound by the ALJ's employee status determination due to his failure to properly challenge it against the insurance carrier. Consequently, Gonzalez's exclusive remedy was workers' compensation benefits, precluding tort claims against Lopez.

Summary judgmentAppellate reviewNegligence claimsGross negligenceEmployee statusIndependent contractorWorkers' compensation insuranceExclusive remedy defenseTexas Labor CodeJudicial review
References
13
Case No. MISSING
Regular Panel Decision

Seabright Insurance Company v. Maxima Lopez, Beneficiary of Candelario Lopez

Candelario Lopez sustained a fatal injury in a motor vehicle accident while traveling from his motel to his jobsite. His widow, Maximina Lopez, sought workers' compensation benefits, which Seabright Insurance Company denied, claiming Lopez was not in the course and scope of his employment. The Texas Department of Insurance, Division of Workers’ Compensation and an Appeals Panel both determined Lopez was within the course and scope of his employment. Seabright then filed a petition for judicial review in the trial court. The trial court granted Mrs. Lopez's motion for summary judgment and denied Seabright's. This appellate court affirmed the trial court's decision, concluding that Lopez's travel, facilitated by an employer-provided vehicle and a per diem for remote work, originated in and furthered his employer’s business.

Workers' CompensationCourse and Scope of EmploymentSummary JudgmentMotor Vehicle AccidentEmployer-Provided TransportationPer DiemRemote WorkComing and Going Rule ExceptionTexas Labor CodeAppellate Review
References
11
Case No. 03-11-00327-CV
Regular Panel Decision
Feb 21, 2014

Cedar Contracting, Inc. and Lands & Leases, Inc. v. Ronald Hernandez and Connie Hernandez

This case involves a lease dispute between Cedar Contracting, Inc. and Lands & Leases, Inc. (Appellants) and Ronald Hernandez and Connie Hernandez (Appellees). Appellants appealed a trial court's summary judgment which declared that Cedar Contracting's assignment of its commercial lease rights and subsequent sublease violated the lease terms with Connie Hernandez. The appeals court affirmed the trial court's judgment, holding that the lease terminated upon Hernandez's notice of termination and that Cedar Contracting did not have an unrestricted right to assign or sublease the property without the landlord's consent. The court concluded that the phrase 'or its assigns' in the lease did not override the explicit restriction and found no error in the trial court's decision that Hernandez was justified in interfering with the sublease.

Lease DisputeCommercial LeaseAssignment of LeaseSubleaseLandlord ConsentSummary JudgmentContract InterpretationNotice of TerminationTortious InterferenceAttorney's Fees
References
32
Case No. 01-15-00618-CV
Regular Panel Decision
Oct 07, 2015

Jose Romulo Lopez v. Anita Michelle Lopez

Appellant Jose Rumulo Lopez filed a brief appealing the trial court's judgment in his divorce from Appellee Anita Michelle Lopez. He contends that the trial court erroneously characterized a portion of the marital residence as Appellee's separate property, arguing that Appellee failed to provide clear and convincing evidence to overcome the community property presumption. Appellant also challenges the $10,000 attorney's fee award to Appellee, asserting a lack of sufficient evidence for it to be a just part of the marital estate division. Furthermore, he argues that the trial court improperly denied his motion for a new trial, and that these errors warrant a reversal and re-division of the community estate.

Family LawDivorceCommunity PropertySeparate PropertyProperty DivisionAttorney's FeesMotion for New TrialAppellate ReviewLegal SufficiencyFactual Insufficiency
References
27
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