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

Case No. CA 10-01067
Regular Panel Decision
Apr 01, 2011

TIMMONS, JOSEPH v. BARRETT PAVING MATERIALS, INC.

Joseph Timmons sustained injuries while working on property owned by Barrett Paving Materials, Inc., leading to a lawsuit alleging Labor Law violations. Barrett Paving then initiated a third-party action against Timmons' employer, Schneider Brothers Corporation, and a separate action against Colony Insurance Company. The Supreme Court granted Barrett's motion for summary judgment, dismissing the Labor Law claims in Action No. 1, and denied Colony's motion in Action No. 2, declaring Barrett an additional insured. The Appellate Division affirmed the lower court's judgment, concluding that Labor Law §§ 240(1), 241(6), and 200 were inapplicable to the facts of the case. The court also affirmed Schneider's duty to defend Barrett and Colony's obligation to provide coverage to Barrett as an additional insured.

Labor LawSummary JudgmentAppellate DivisionWorkers' Compensation LawIndustrial Code RegulationsCommon-Law NegligenceContractual IndemnificationAdditional Insured EndorsementConstruction Site SafetyGravity-Related Accidents
References
23
Case No. MISSING
Regular Panel Decision

Williams v. Hevi-Duty Electric Co.

The plaintiff, Williams, sued Hevi-Duty Electric Company and other state defendants for racial discrimination and retaliatory failure to hire under Title VII, § 1981, and § 1983. The court found that Hevi-Duty discriminated against Williams by manipulating its one-year application retention policy and through word-of-mouth recruitment, effectively excluding him due to his race and prior EEOC charge. The court entered judgment for Williams against Hevi-Duty, ordering hiring, back-pay, and attorney fees, and permanently enjoining further discrimination. Claims against the state defendants were dismissed due to sovereign immunity or lack of discriminatory conduct.

Employment DiscriminationRacial DiscriminationRetaliation (Employment)Title VIICivil Rights Act of 1964Civil Rights Act of 1866Disparate TreatmentHiring PracticesApplication PolicyWord-of-Mouth Recruitment
References
21
Case No. 01-07-00003-CV
Regular Panel Decision
Jun 26, 2008

in Re Bison Building Materials, Ltd.

Bison Building Materials, Ltd., a nonsubscriber to the Workers' Compensation Act, established an employee injury plan with an arbitration clause. Employee Tracy Sambrano was injured, received benefits, but then sued Bison for negligence, despite signing a post-injury waiver. The trial court denied Bison's motion to compel arbitration. On appeal, the court held that Sambrano had accepted the arbitration terms by continued employment and that the Federal Arbitration Act preempted state laws that would prevent enforcement. Consequently, the court conditionally granted mandamus relief to compel arbitration, finding Bison had not waived its right, and dismissed Sambrano's interlocutory appeal.

Arbitration AgreementFederal Arbitration Act (FAA)Texas General Arbitration Act (TGAA)Workers' Compensation NonsubscriberEmployee Welfare Benefit PlanERISA PreemptionMandamus ReliefInterlocutory AppealWaiver of ArbitrationContract Defenses
References
44
Case No. 08-10-00082-CV
Regular Panel Decision
Aug 31, 2011

State v. Cemex Construction Materials South, LLC

The State of Texas sued Cemex Construction Materials South, L.L.C. for conversion, breach of contract, and trespass to try title, asserting ownership of valuable building materials on four parcels of public school lands in El Paso County. The State claimed these mineral rights were reserved under the 1895 Land Sales and Mining Acts during original sales in 1900, 1906, and 1912. The trial court denied the State's motion for partial summary judgment and granted Cemex's motion. On appeal, the court reviewed the rulings de novo and found that the State unequivocally reserved mineral rights. Consequently, the appellate court reversed the trial court's judgment, granted the State's motion for partial summary judgment, and remanded the case for further proceedings.

Mineral RightsPublic School LandsSummary JudgmentState of TexasConversion ClaimBreach of ContractMining Act of 1895Land Sales Act of 1895Real Property LawStatutory Interpretation
References
27
Case No. 04-15-00117-CV
Regular Panel Decision
Apr 02, 2015

Rhino Contractors, LLC v. Vulcan Construction Materials, LP

Rhino Contractors, LLC, appeals a trial court's default judgment in favor of Vulcan Construction Materials, LP. Vulcan sued Rhino for breach of contract or on a sworn account, alleging Rhino failed to pay $454,846.76 for materials supplied for its construction business, plus 18% interest and attorney's fees. The default judgment included these amounts along with prejudgment interest and court costs. Rhino argues the trial court erred in denying its motion for new trial because it never received proper notice of the lawsuit, thus failing to file an answer. Rhino also asserts it has a meritorious defense, including claims of double billing and improper credits on invoices from Vulcan, and that granting a new trial would not prejudice Vulcan. Furthermore, Rhino contends the damages, prejudgment interest, and attorney's fees awarded were unliquidated and not supported by legally or factually sufficient evidence, as Vulcan's affidavit lacked an itemized account and its attorney's fee affidavit did not meet required evidentiary standards.

Default JudgmentBreach of ContractSworn AccountMotion for New TrialService of ProcessCraddock FactorsMeritorious DefenseDamagesPrejudgment InterestAttorney's Fees
References
43
Case No. MISSING
Regular Panel Decision

Matter of Campbell v. Interstate Materials Corporation

The claimant, an operating manager for Interstate Materials Corporation, suffered injuries to his neck, back, and knees in August 2006 and a second lower back injury in April 2008. A Workers' Compensation Law Judge initially classified the claimant with a permanent total disability and struck the independent medical examiner's report. The Workers' Compensation Board reversed this, finding the IME report improperly precluded due to the examiner's hospitalization and reclassified the claimant with a permanent partial disability, equally apportioned between the two accidents. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in considering the IME report and that substantial evidence supported both the permanent partial disability classification and the equal apportionment of the disability.

Permanent Partial DisabilityPermanent Total DisabilityWorkers' Compensation BoardApportionment of DisabilityMedical EvidenceIndependent Medical Examination (IME)Cross-Examination RightsAbuse of DiscretionSubstantial EvidenceConflicting Medical Opinions
References
12
Case No. MISSING
Regular Panel Decision

Peckham v. Peckham Materials Corp.

This case involves an appeal by the defendant, Peckham Materials Corporation, in a wrongful death action. The plaintiff's decedent, John S. Peckham, was killed in a helicopter crash while a passenger in a company-owned helicopter. The defendant appealed an order from the Supreme Court, Westchester County, which granted the plaintiff's motion for partial summary judgment, striking the affirmative defense of workers' compensation. The Appellate Division reversed the order, holding that the Workers' Compensation Board has primary jurisdiction to determine the applicability of compensation benefits. The matter was remitted to the Supreme Court with instructions to defer the motion's disposition until the Workers' Compensation Board makes a final determination regarding the plaintiff's eligibility for benefits.

Wrongful DeathWorkers' CompensationPrimary JurisdictionSummary JudgmentAppellate ReviewHelicopter AccidentEmployer LiabilityJudicial DeferenceRemittalEstate Claim
References
4
Case No. 13-02-00164-CV
Regular Panel Decision
Jul 24, 2003

Guadalupe M. Hernandez v. Gary Honish

Appellants, including Guadalupe M. Hernandez, appealed the trial court's order granting summary judgment to appellee Gary Honish. Appellants contended the trial court erred because a material fact existed regarding whether Honish owed a common-law or statutory duty and whether the lack of a slow-moving-vehicle emblem was the proximate cause of an accident leading to the death of Juan Jose Hernandez. The appellate court reviewed the summary judgment de novo and found no common-law duty for an escort vehicle and no statutory duty under the Texas Labor Code, as Honish did not meet the criteria for its application. Furthermore, the court concluded that the summary judgment evidence did not raise a genuine issue of material fact on the issue of proximate cause, noting the striking vehicle's driver's testimony about his own vehicle's faulty brakes rather than the absence of a slow-moving-vehicle emblem. Consequently, the appellate court affirmed the trial court's order granting summary judgment.

NegligenceSummary JudgmentCommon Law DutyStatutory DutyTexas Labor CodeProximate CauseFarm AccidentWrongful DeathAppellate ReviewEmployer Liability
References
33
Case No. MISSING
Regular Panel Decision

Bates v. Jackson National Life Insurance

This case involves Jerry Bates and Brian Bates, beneficiaries of a life insurance policy, suing Jackson National Life Insurance Company to recover policy proceeds after their father, Mr. Bates, died. Jackson National denied the claim, alleging material misrepresentations by Mr. Bates regarding his health (specifically diabetes and phlebothrombosis) in the insurance application. The court considered Jackson National's motion for summary judgment on claims of breach of contract, breach of the duty of good faith and fair dealing, and violation of Article 21.21 of the Texas Insurance Code. The court denied summary judgment on the breach of contract claim, finding a genuine issue of material fact regarding Mr. Bates' intent to deceive. However, the court granted summary judgment for Jackson National on the claims of breach of the duty of good faith and fair dealing and violation of Article 21.21, ruling that this duty does not extend to third-party beneficiaries like the plaintiffs under Texas law, and even if it did, Jackson National had a reasonable basis for denying the claim due to the admitted misrepresentations.

Life InsuranceMaterial MisrepresentationSummary JudgmentBreach of ContractBad Faith ClaimDuty of Good Faith and Fair DealingTexas Insurance Code Article 21.21Third-Party BeneficiaryInsurance Policy ProceedsMedical History Disclosure
References
62
Case No. MISSING
Regular Panel Decision

MEMC Electronic Materials, Inc. v. Albemarle Corp.

This case involves an appeal by MEMC Electronic Materials and MEMC Pasadena (collectively MEMC) challenging a trial court's order. The order granted partial summary judgment to Albemarle Corporation and denied MEMC's cross-motion for partial summary judgment. Albemarle sought indemnification from MEMC for payments made to Ethyl Corporation, which had indemnified Ethyl for claims arising from a plant fire. MEMC argued that their Asset Purchase Agreement (APA) with Albemarle did not obligate them to indemnify Albemarle for this specific liability, citing clauses concerning assumed obligations, non-disclosure of the Ethyl-Albemarle indemnity agreement, and the timing of the liability's origin. The court analyzed Sections 3.4, 4.16, and 7.4 of the APA, ultimately concluding that MEMC had not assumed the obligation for the Ethyl-Albemarle indemnity agreement. It found that the payment made by Albemarle to Ethyl arose from a prior contractual relationship, not from operations of the plant on or after the closing date of the APA between MEMC and Albemarle. Consequently, the appellate court reversed the trial court's judgment and rendered judgment in favor of MEMC.

Contract InterpretationIndemnification AgreementAsset Purchase AgreementSummary JudgmentTexas LawVirginia LawCorporate LiabilityPre-existing ContractsPost-closing OperationsAffiliate Agreements
References
16
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