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Case Law Database

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

Case No. 01-13-00816-CV
Regular Panel Decision
Apr 16, 2015

Retaka Romeo Nelson v. Shannon Brochette Nelson

This document is a Third Amended Motion for Rehearing filed by Retaka Romeo Nelson. He argues that the trial court erred by sustaining a contest to his pauper's oath without proper notice and hearing, leading to a default judgment against him. He also claims that the final divorce decree was rendered without proper service of Shannon Brochette Nelson's counter-petition and citation, and that he did not voluntarily appear or participate in the trial. Nelson seeks a new jury trial and the vacation or reversal of both the pauper's oath order and the final divorce decree, contending that due process violations occurred due to lack of notice and proper service, as well as missing essential records.

Motion for RehearingDue Process ViolationService of ProcessPauper's OathDefault JudgmentDivorce DecreeMissing RecordsJury TrialFamily ViolenceChild Custody
References
27
Case No. 2006-CI-18807
Regular Panel Decision
Jun 22, 2018

Nelson v. Vernco Constr., Inc.

In this contract dispute over a highway construction project, subcontractor Vernco Construction sued prime contractor E.E. Hood & Sons, Inc., and its former Corporate Vice President David Nelson. Vernco alleged a conspiracy to sabotage its subcontract so Nelson's company, Collective Contracting, Inc., could complete the work. A jury initially found for Vernco on claims of breach of contract, tortious interference, breach of fiduciary duty, and fraud. On appeal, the court reversed the breach of contract and tortious interference findings, while affirming Nelson's breach of fiduciary duty and Hood's knowing participation. The court also suggested and Vernco accepted a remittitur for lost profit damages, leading to a modified judgment against Hood and Nelson.

Construction LawSubcontractor DisputeBreach of Fiduciary DutyCorporate Officer LiabilityTortious InterferenceFraudCivil ConspiracyContract TerminationInsurance LapseLost Profits
References
74
Case No. ADJ1315206 (SDO 0327261)
Regular
Jun 25, 2010

Marvin Nelson vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES

This case concerns Marvin Nelson's workers' compensation claim for an industrial injury to his back. The WCAB granted reconsideration to amend the findings regarding temporary disability overpayment. While upholding the denial of a neck injury claim due to insufficient medical evidence contemporaneous with the injury, the Board found no overpayment of temporary disability between August 16-24, 2004. The determination of permanent disability, apportionment, and further overpayments remains deferred pending further medical development.

Workers Compensation Appeals BoardMarvin NelsonState of California Department of Social ServicesIndustrial InjuryBack InjuryNeck InjuryTemporary DisabilityPermanent DisabilityOverpaymentDr. Carl Maguire
References
4
Case No. 05-20-00106-CV
Regular Panel Decision
Jun 17, 2021

Lafayette Nelson III v. Egyptian Magic Skin Cream, LLC

Lafayette Nelson III appealed the trial court's judgment dismissing his claim for employment bonuses against Egyptian Magic Skin Cream, LLC. Nelson contended that his claim was not barred by res judicata and that the Texas Workforce Commission's (TWC) prior wage determination was ambiguous or incomplete. The Fifth District Court of Appeals at Dallas affirmed the trial court's decision, ruling that Nelson's claim for the 2015 bonus had been fully and finally adjudicated by the TWC. The court concluded that Nelson's failure to timely appeal the TWC's decision to a judicial court resulted in his current lawsuit being barred by res judicata.

employment bonuswage disputeres judicataTexas Workforce Commissionsummary judgmentappellate reviewpro se appealPayday Lawbreach of contractfinal judgment
References
9
Case No. 2024-70-1398
Regular Panel Decision
Aug 27, 2025

NELSON, ROBERT v. RED ROOF INN

The Tennessee Court of Workers' Compensation Claims denied Robert Nelson's request for benefits for a wrist fracture. The Court found it unlikely that Nelson could prove his injury primarily arose out of and in the course and scope of his employment, citing inconsistencies in his testimony regarding the date of injury and lack of corroborating medical evidence. Dr. Nord's records indicated a scaphoid nonunion and arthritis but did not link the injury to Nelson's work. The case is set for a Scheduling Hearing on October 15, 2025.

Workers' CompensationExpedited HearingBenefits DenialWrist FractureCausation DisputeCredibility IssuesMedical EvidenceScaphoid NonunionArthritisEmployment Injury
References
0
Case No. No. 10-06-00260-CV
Regular Panel Decision
Nov 07, 2007

Karl Paul Mattlage v. Celeste Mattlage, Individually and as of the Estate of Marvin Mattlage, Mark Mattlage, and Robert Snowden

This appeal concerns a dispute over the devise of "Home Place" in Marvin Mattlage's will to Karl Mattlage. After making the will, Marvin and his wife Celeste contracted to sell Home Place to Mark Mattlage and Robert Snowden. Following Marvin's death, Celeste refused to honor the will, leading Karl to sue for a declaratory judgment that the will prevails. Celeste counter-sued, arguing the contract prevails and seeking specific performance from Mark and Robert. The cases were consolidated, and the trial court granted Celeste's summary judgment motion, ruling the devise was adeemed and Celeste was entitled to specific performance. Karl appealed, contending the devise was not adeemed. The appellate court affirmed the trial court's judgment, finding that financing contingencies were waived, making the contract specifically enforceable, and thus the devise was adeemed.

AdemptionEquitable ConversionWill ContestContract for Sale of LandSpecific PerformanceSummary JudgmentAppellate ReviewTexas LawReal PropertyEstate Law
References
27
Case No. 01-02-01105-CV
Regular Panel Decision
Mar 18, 2004

Marvin Frank Motor Co. v. Harris County

Marvin Frank Motor Company appealed a trial court judgment that awarded Harris County $19,001.22 in damages. Harris County, acting as a subrogee and self-insured workers' compensation carrier, sued Marvin Frank Motor Company to recover benefits paid to its injured employee, Mark Amato, following a vehicle accident. The appellant raised six points of error concerning the admissibility of evidence, jury instructions, and the sufficiency of evidence to support the damages award. The Court of Appeals for the First District of Texas reviewed the trial court's decisions, including the admission of affidavits and testimony regarding medical expenditures and workers' compensation payments. Ultimately, the appellate court found no abuse of discretion by the trial court and affirmed the judgment in favor of Harris County.

Subrogation LawAppellate ReviewEvidentiary ChallengesJury Charge ErrorLegal SufficiencyFactual SufficiencyTexas Civil PracticeCollateral Source DoctrineMedical Care CostsLost Wage Damages
References
27
Case No. 06-06-00001-CR
Regular Panel Decision
Nov 21, 2006

Marvin Wayne Sneed v. State

Marvin Wayne Sneed appealed his conviction for sexual assault of a child and indecency with a child, challenging the trial court's decision to replace a juror, admit the complainant's prior testimony, and restrict closing arguments. The appellate court found that replacing a juror with an alternate, while statutorily erroneous, was a nonconstitutional error that did not affect substantial rights. Similarly, the admission of the complainant's entire prior testimony, though an error under the rule of optional completeness, was deemed harmless given the extensive corroborating evidence. The court upheld the restriction on closing arguments due to the appellant's failure to make an offer of proof. Therefore, the judgment of the trial court was affirmed.

Criminal AppealJuror ReplacementAlternate JurorPrior TestimonyHearsay RuleRule of Optional CompletenessHarmless ErrorClosing ArgumentAppellate ReviewSexual Assault
References
42
Case No. 2006-CI-18807
Regular Panel Decision

Nelson v. Vernco Construction, Inc.

The appellate court addressed the appeal from a judgment in favor of Vernco Construction, Inc. against David Nelson and E.E. Hood & Sons, Inc. The core issue was the trial court's denial of a motion to dismiss for lack of subject matter jurisdiction, which Appellants argued was due to Vernco lacking standing. Appellants contended Vernco had assigned its claims to Jefferson State Bank via a forbearance agreement. The court meticulously analyzed the forbearance agreement and relevant sections of the Texas Business and Commerce Code, concluding that Vernco had indeed assigned all its interest in the litigation to the bank. Consequently, Vernco lacked standing to pursue the claims, depriving both the trial court and the appellate court of subject matter jurisdiction. The judgment was therefore vacated, and the case dismissed.

StandingSubject Matter JurisdictionAssignment of ClaimsBreach of ContractForbearance AgreementTexas Business LawAppellate ProcedureJudicial ReviewVacated JudgmentCase Dismissal
References
21
Case No. 17-CV-667-EAW
Regular Panel Decision

Nelson v. Comm'r of Soc. Sec.

Plaintiff Jennifer Marie Nelson sought judicial review of a denial of disability insurance benefits by the Commissioner of Social Security. The U.S. District Court, Western District of New York, found that the Administrative Law Judge (ALJ) erred in assessing Plaintiff's Residual Functional Capacity (RFC) by failing to properly evaluate opinion evidence from a therapist and by substituting her own lay judgment for medical opinion. The ALJ also failed to develop the record by obtaining sufficient medical evidence relevant to the period of disability. The court granted Plaintiff's motion for judgment on the pleadings and remanded the case for further administrative proceedings, instructing the ALJ to reconsider the therapist's opinion and fully explain the basis for any RFC assessment.

Social Security ActDisability BenefitsALJ ErrorResidual Functional CapacityMedical Opinion EvidenceFunctional LimitationsRemandMental ImpairmentsConsultative ExaminationDistrict Court Review
References
16
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