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

Case No. 07-21-00058-CV
Regular Panel Decision
Jul 26, 2022

Samuel San Miguel v. Marsha McLane

Samuel San Miguel, a sexually violent predator civilly committed for treatment, filed a lawsuit in Lamb County's 154th District Court against Texas Civil Commitment Office (TCCO) employees. He alleged constitutional rights violations under 42 U.S.C. § 1983, specifically concerning denial of computer access, limited law library time, and his placement in a Secure Management Unit. The TCCO employees moved to dismiss, arguing that the Texas Health and Safety Code Chapter 841 mandated the lawsuit be heard in the original committing court, the 435th District Court of Montgomery County. The Lamb County court agreed and dismissed the suit without prejudice. On appeal to the Seventh District of Texas at Amarillo, San Miguel contended federal law preempted the state's jurisdictional requirements. The Court of Appeals, however, found no conflict between Chapter 841 and federal law, concluding that the state statute merely dictates the proper venue without hindering federal claims. Consequently, the appellate court affirmed the trial court's dismissal.

Civil CommitmentSexually Violent PredatorConstitutional RightsSection 1983Federal PreemptionState Court JurisdictionAppellate ProcedureInadequate BriefingDue ProcessEqual Protection
References
9
Case No. CV-23-2242
Regular Panel Decision
May 29, 2025

In the Matter of the Claim of Miguel Juncal

Claimant Miguel Juncal suffered physical injuries from a fall at work in November 2021 and was awarded temporary total disability benefits. The employer and its carrier, Maspeth Remodeling Co. et al., appealed a Workers' Compensation Board decision that denied their request to retroactively reduce Juncal's benefits. The carrier sought a reduction based on an independent medical examination from August 2022, arguing that the reduction should be effective from the IME date or the RFA-2 filing date. The Board affirmed the WCLJ's decision, holding that benefits should continue at the temporary total disability rate until the March 2023 hearing, interpreting 12 NYCRR 300.23 (b) (2) as directory rather than mandatory regarding the 20-day hearing timeframe. The Appellate Division affirmed the Board's decision, finding no abuse of discretion.

Workers' CompensationTemporary Disability BenefitsBenefit ReductionIndependent Medical ExaminationPsychiatric InjuriesOrthopedic InjuriesAdministrative LawRegulatory InterpretationAppellate ReviewWorkers' Compensation Board
References
5
Case No. 2024-05-4796
Regular Panel Decision
Feb 07, 2025

Torres, Miguel v. Allvan Corporation

This case involves an appeal regarding a trial court's rejection of a proposed workers' compensation settlement agreement. Employee Miguel Torres sustained a compensable inguinal hernia while working for Allvan Corporation. After medical treatment, including surgery, the parties sought to settle the claim for a lump sum, describing it as "disputed" due to a lack of a permanent medical impairment rating from the treating physician, Dr. Joshua Taylor. The trial court declined approval, citing insufficient information regarding maximum medical improvement, absence of a permanent impairment opinion, the employee's desire to see the doctor again, and a failure to establish the settlement was in the employee's best interest. The Appeals Board affirmed the trial court's decision, emphasizing the judge's responsibility to determine the settlement's best interest for the employee, particularly given the lack of expert medical evaluation on MMI and impairment.

Workers' CompensationSettlement Agreement RejectionMedical Impairment RatingMaximum Medical Improvement (MMI)Employee Best InterestInguinal HerniaTrial Court DiscretionAppellate ReviewDisputed Claim SettlementFuture Medical Benefits
References
11
Case No. CV-23-1577
Regular Panel Decision
Nov 14, 2024

In the Matter of the Claim of Miguel Maria Santos

Miguel Maria Santos, a pizza delivery person, appealed a Workers' Compensation Board decision denying his claim for benefits. Santos alleged injuries from a fall off his electric bicycle on June 14, 2021, while working for 77 GP, Inc. However, 77 GP, Inc. and its carrier controverted the claim, asserting no employer-employee relationship existed at the time of the accident. The Workers' Compensation Law Judge credited the employer's testimony that Santos was discharged on June 2, 2021, for drinking on the job, prior to his injuries. The Workers' Compensation Board affirmed this decision, and the Appellate Division also affirmed, finding the Board's determination supported by substantial evidence.

Workers' compensationEmployer-employee relationshipSubstantial evidenceCredibility assessmentPizza deliveryDischarged employeeBicycle accidentAppellate reviewClaim denial
References
5
Case No. 14-12-00418-CV
Regular Panel Decision
May 21, 2013

Miguel Angel Pappolla v. Marcia Juliet Simovich

Miguel Angel Pappolla appealed a trial court's wage withholding order for contractual alimony, which was part of a divorce settlement with Marcia Julieta Simovich. Pappolla failed to make payments, prompting Simovich to seek enforcement through wage withholding. Pappolla argued that contractual alimony is not subject to wage withholding under Texas Family Code, section 8.101, and that the relevant section violates the Texas Constitution. The appellate court reviewed legal precedent uniformly rejecting income withholding for purely contractual alimony. The court concluded that income withholding for contractual alimony is only permissible under section 8.101 if it meets the requirements for spousal maintenance, which was not established in this case. The court also identified constitutional problems with the appellee's interpretation. Consequently, the appellate court reversed the trial court's order and vacated the wage withholding.

alimonywage withholdingcontractual alimonyspousal maintenanceTexas Family Codedivorce settlementappealappellate courtlegal interpretationconstitutional law
References
10
Case No. 08-23-00083-CV
Regular Panel Decision
Dec 21, 2023

Esmeralda Dominguez and Miguel Dominguez A/N/F of Abraham Dominguez v. Socorro ISD

Esmeralda and Miguel Dominguez, individually and on behalf of their son Abraham Dominguez, appealed the trial court's denial of their motion to reinstate a personal injury lawsuit and its dismissal for want of prosecution. The dismissal stemmed from their attorney's failure to appear at two hearings. The appellate court reversed the trial court's decision, finding that the attorney's absence was due to a calendaring error, not intentional conduct or conscious indifference, a reasonable explanation that was uncontroverted. The court also confirmed its jurisdiction, affirming the proper verification of the motion to reinstate. The case is now remanded to the trial court for reinstatement.

Motion to ReinstateDismissal for Want of ProsecutionAttorney NegligenceCalendaring ErrorAbuse of DiscretionAppellate JurisdictionVerified MotionTexas Civil Procedure Rule 165aPersonal InjuryAutomobile Accident
References
21
Case No. ADJ7725918
Regular
Oct 16, 2013

Francisco Bautista vs. La Jolla Baking Company, ESIS

The Workers' Compensation Appeals Board denied applicant Francisco Bautista's Petition for Removal, which sought to rescind a prior order continuing his case. Bautista argued the defendant waived their right to a qualified medical evaluator due to lack of diligence and sought to have the case set for trial. The Board found Bautista failed to demonstrate substantial prejudice or irreparable harm required for removal, noting reconsideration would be an adequate remedy. Additionally, the Board admonished Bautista's attorney for an insufficient declaration of readiness to proceed.

Petition for RemovalWorkers' Compensation Appeals BoardLA JOLLA BAKING COMPANYESISAdministrative Law JudgeMandatory Settlement ConferencePanel Qualified Medical EvaluatorQMEDr. TaDue Diligence
References
2
Case No. 01-14-00892-CV
Regular Panel Decision
Oct 13, 2014

Adelaida Salazar Bautista A/K/A Adelaida Alvarado, Individually and as Next Friend of Maria Jennifer Aide A/K/A Maria Jennifer Alvarado, A. A., A. A., I. S. A., M. A., and E. A., Minors And Irineo Alvarado and Maria Ana Moctezuma v. Trinidad Drilling Limited

This is an interlocutory appeal of an order granting a special appearance by Trinidad Drilling Ltd., a Canadian corporation, in a wrongful death lawsuit. Appellants Adelaida Salazar Bautista et al. sued Trinidad Drilling Ltd. for the death of Nabor Alvarado, alleging negligence and attempting to establish specific personal jurisdiction by claiming the parent company controlled and oversaw the subsidiary's drilling operations in Texas. The trial court, Hon. Brent Gamble presiding in the 270th Judicial District Court of Harris County, granted Trinidad Drilling Ltd.'s special appearance on October 13, 2014. Trinidad Drilling Ltd. argues that it lacks sufficient contacts with Texas for specific or general personal jurisdiction, maintaining that it is a separate entity from the subsidiary, Trinidad LP, and therefore its corporate independence should be respected. The appellee requests the Court to affirm the trial court's judgment.

Personal JurisdictionSpecific JurisdictionGeneral JurisdictionCorporate Veil PiercingParent-Subsidiary RelationshipWrongful DeathNegligenceSpecial AppearanceInterlocutory AppealTexas Law
References
8
Case No. MISSING
Regular Panel Decision

Workers' Compensation Board v. Met-Impro Services, Inc.

This case involves four related actions under Workers' Compensation Law § 26 concerning the enforcement of a Workers' Compensation award. The Supreme Court had erroneously granted defendant Robert San Miguel's motion to vacate judgments against him. San Miguel, identified as the president of the corporate employers, was held personally liable for unpaid benefits under Workers’ Compensation Law § 26-a (1) (a). The court clarified that personal liability for corporate officers does not depend on active management or involvement in the underlying accident. Furthermore, there is no statutory basis to vacate a judgment merely because an officer was not specifically named in the initial administrative determination. Consequently, San Miguel's vague denial of involvement was insufficient, and his motion to vacate the judgments against him was denied.

Workers' CompensationPersonal LiabilityCorporate OfficerJudgment VacationAdministrative LawAppellate ReviewStatutory InterpretationEmployer LiabilityUnpaid BenefitsNew York Law
References
3
Case No. 93
Regular Panel Decision
Nov 20, 2025

In the Matter of the Claim of Francisca Garcia

Francisca Garcia, spouse of deceased volunteer Miguel Garcia, filed a death benefits claim more than two years after his death in July 2016. Miguel Garcia had received lifetime benefits for health conditions contracted while volunteering in the 9/11 World Trade Center recovery efforts. The Workers' Compensation Board (WCB) and Appellate Division disallowed the claim as untimely under Workers' Compensation Law § 28, which sets a two-year statute of limitations for death benefits. The central legal question was whether Workers' Compensation Law § 168, which extends filing periods for 'participants' in WTC recovery, applies to claims by survivors. The Court of Appeals affirmed the lower court's decision, holding that § 168's language, referring explicitly to 'a claim by a participant,' does not extend to claims made by beneficiaries, thus the claim remains barred by § 28.

Death Benefits ClaimWTC Volunteer9/11 Recovery WorkersStatute of Limitations ExtensionWorkers' Compensation Law Article 8-ASurvivor's Claim TimelinessParticipant DefinitionLegislative Intent InterpretationUntimely Filing DisallowanceAppellate Division Affirmation
References
3
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