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

Case No. ADJ13900666
Regular
Aug 01, 2025

German Renteria Pina vs. Miguel Diaz dba Brother Landscape, Da Vinci Schools

German Renteria Pina, the applicant, sustained a specific injury while employed by Miguel Diaz dba Brother Landscape, an uninsured entity. Da Vinci Schools, a permissibly self-insured entity, was also named as a defendant. The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a WCJ's finding that Pina was an employee of Diaz and not Da Vinci, arguing errors in employment burden of proof and insufficient evidence. The Workers' Compensation Appeals Board granted the petition, rescinded the prior Findings of Fact and Order, and returned the matter to the trial level for further proceedings. This decision was made because the record was deemed incomplete to adequately determine Diaz's independent contractor status or the applicability of licensing requirements.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundMiguel Diaz dba Brother LandscapeDa Vinci SchoolsAdjudication NumberPetition for ReconsiderationFindings of Fact and OrderWCJBurden of ProofUltimate Hirer
References
28
Case No. 03-01-00032-CV
Regular Panel Decision
Apr 12, 2001

David Aston D/B/A Aston Landscape & Construction and Aston Landscape & Construction, Inc. v. Texas Workers' Compensation Insurance Facility

The case involves an appeal filed by David Aston d/b/a Aston Landscape & Construction and Aston Landscape & Construction, Inc. against the Texas Workers' Compensation Insurance Facility. The appeal was dismissed for want of jurisdiction because the appellants failed to file a timely perfecting instrument. The trial court's judgment was signed on September 7, 2000, making the notice of appeal due by October 9, 2000. Appellants' Request for Findings of Fact and Conclusions of Law and Motion for New Trial were also filed past their respective deadlines. Despite a request from the Clerk for proof of timely filing, no response was received, leading to the dismissal.

JurisdictionAppeal DismissalTimelinessNotice of AppealMotion for New TrialFindings of FactConclusions of LawAppellate ProcedureTexasCourt of Appeals
References
1
Case No. 2019-01-0653
Regular Panel Decision
Jun 16, 2020

Bloodsaw, Talisha v. Alexian Brothers Community Services d/b/a Alexian Brothers PACE

Talisha Bloodsaw, a PACE driver, alleged a chest wall injury on July 18, 2019, while preventing a patient from falling and assisting him into a walker. She sought emergency treatment, but Alexian Brothers refused payment, asserting the incident did not occur. Conflicting testimonies from Ms. Bloodsaw, her supervisor, Terry Black, and the patient's daughter, Debra Wooten, as well as discrepancies in medical records, led the Court to conclude that Ms. Bloodsaw failed to demonstrate a compensable injury. Consequently, the Court denied her request for payment for emergent care.

Workers' CompensationExpedited HearingChest Wall InjuryPatient AssistanceConflicting TestimonyDenied ClaimTennessee LawMedical RecordsEmergency CareEmployment Injury
References
1
Case No. 03-96-00151-CV
Regular Panel Decision
Aug 14, 1997

Pedro Antonio Diaz v. Commission for Lawyer Discipline

Pedro Antonio Diaz appealed a trial court judgment that suspended his authority to practice law for eighteen months. The suspension followed a jury's finding that Diaz violated three disciplinary rules: making a false statement of material fact to a tribunal, commingling lawyer and client funds, and engaging in dishonest conduct. Diaz challenged the submission of additional violations and the sufficiency of the evidence. The appellate court affirmed the trial court's judgment, holding that the district court proceedings were original and independent, allowing for the assertion of additional claims. The court also found sufficient evidence to support the jury's findings regarding the false statements made in an affidavit and rejected arguments concerning materiality and Diaz's role as a party.

lawyer disciplineprofessional misconductfalse statementscommingling fundsattorney suspensionappellate reviewTexas lawlegal ethicssummary judgmentequitable lien
References
3
Case No. ADJ9520089
Regular
Nov 21, 1937

IRMA SOLIS DIAZ vs. JESSE NAVARRO & LUPITA GUTIERREZ dba CASA DEL LAGO, UEBTF

The Workers' Compensation Appeals Board (WCAB) denied Irma Solis Diaz's petition for reconsideration in the case against Jesse Navarro and Lupita Gutierrez dba Casa del Lago. The Board adopted and incorporated the report of the workers' compensation administrative law judge (WCJ). The specific grounds for the denial are not detailed in this opinion but are attributed to the WCJ's report. Therefore, the initial decision, whatever it was, stands.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYINGWCJ'S REPORTADOPT AND INCORPORATELOS ANGELES DISTRICT OFFICEAPPLLICANTDEFENDANTSCASE NOOPINION AND ORDER
References
0
Case No. 07-23-00275-CV
Regular Panel Decision
May 15, 2024

City of San Antonio v. Patricia Diaz

The City of San Antonio appealed the denial of its jurisdictional challenge against Patricia Diaz's employment discrimination lawsuit, which arose from her termination for allegedly misusing a subordinate's time. The Court of Appeals, applying the McDonnell Douglas framework, found Diaz failed to present sufficient evidence for her sex, age, and retaliation discrimination claims. Specifically, she lacked proof of comparable seriousness for disparate discipline or clear opposition to an illegal practice. Moreover, the court affirmed the City's governmental immunity from intentional torts such as defamation and intentional infliction of emotional distress. Consequently, the appellate court reversed the trial court's order and granted the City's plea to the jurisdiction, leading to the dismissal of all of Diaz's claims.

Employment DiscriminationGovernmental ImmunityInterlocutory AppealPlea to JurisdictionSex DiscriminationAge DiscriminationRetaliationDisparate DisciplineIntentional Infliction of Emotional DistressDefamation
References
30
Case No. 06-00-00157-CV
Regular Panel Decision
Dec 31, 2001

Brookshire Brothers, Ltd. v. Greg Nichols

Greg Nichols sued Brookshire Brothers, Ltd. after suffering a lower back injury from a slip and fall in their store. A jury awarded Nichols $522,600.00 in damages, finding Brookshire Brothers 85% responsible and Nichols 15% responsible. Brookshire Brothers appealed, challenging the factual sufficiency of evidence regarding the fall, the apportionment of responsibility, and the $100,000.00 award for future medical expenses. The Sixth Appellate District of Texas at Texarkana affirmed the trial court's judgment, finding sufficient evidence to support all contested jury findings, particularly concerning Nichols' ongoing pain and long-term medical needs as supported by expert testimonies.

Slip and FallPersonal InjuryNegligenceDamagesFactual SufficiencyLegal SufficiencyComparative FaultFuture Medical ExpensesWorkers' CompensationHerniated Disc
References
17
Case No. 13-10-00479-CV
Regular Panel Decision
Oct 20, 2011

Office of the Attorney General v. Belinda Diaz

Belinda Diaz filed a lawsuit against her former employer, the Office of the Attorney General (OAG), alleging wrongful termination in retaliation for filing a workers' compensation claim, as per the Anti-Retaliation Law. The OAG appealed the trial court's denial of its plea to the jurisdiction, contending that sovereign immunity for Diaz's claim had not been clearly and unambiguously waived by the Legislature, citing changes to the Code Construction Act. The Thirteenth District of Texas Court of Appeals affirmed the trial court's judgment. The appellate court concluded that it was bound by the Supreme Court of Texas's holding in Kerrville State Hospital v. Fernandez, which found a clear and unambiguous waiver of sovereign immunity for such claims, regardless of the Code Construction Act amendments. This decision allows Diaz's retaliatory-discharge claim to proceed.

retaliatory dischargeworkers' compensation claimsovereign immunityplea to the jurisdictionAnti-Retaliation LawCode Construction Actstate employeewrongful terminationstate agencyappellate jurisdiction
References
10
Case No. 2020 NY Slip Op 02541
Regular Panel Decision
Apr 30, 2020

Diaz v. Raveh Realty, LLC

Plaintiff Nimer Diaz, a carpenter, was injured at a construction site owned by defendant Raveh Realty, LLC, when a heavy plywood form fell and struck him. Diaz moved for partial summary judgment on his Labor Law §§ 240 (1) and 241 (6) claims, which was denied by the Supreme Court, Bronx County. The Appellate Division, First Department, modified the Supreme Court's order, granting Diaz partial summary judgment on his Labor Law § 240 (1) claim. The court found that the type of work being performed involved a load that required securing and that the plaintiff's injury was the foreseeable consequence of performing the task without any safety device of the kind enumerated in the statute.

Labor Law 240(1)Labor Law 241(6)Construction AccidentFalling ObjectPlywood FormSummary JudgmentAppellate DivisionWorkplace SafetyStatutory ViolationForeseeable Risk
References
1
Case No. MISSING
Regular Panel Decision

Diaz v. Attorney General of State of Tex.

This appeal involves Mike M. Perez challenging a trial court's allocation of a workers' compensation settlement to his child support obligations, and Tony Diaz, Perez's former attorney, appealing the trial court's failure to allocate enough proceeds to his contractual claims. The court found that the Assistant Attorney General, who asserted the child support claim, did not properly intervene in the original hearing by failing to file a petition. Consequently, the appellate court sustained Perez's first point of error and modified the judgment to remove the child support bond. The court also affirmed the trial court's implied finding that both Perez and Diaz assented to the abandonment of their attorney-client contract, thus making an award based on the reasonable value of services proper. Diaz's claim for additional attorney's fees for breach of contract was also denied due to a lack of proof of presentment.

Child Support ArrearageWorkers' Compensation SettlementAttorney's Fees DisputeIntervention ProcedurePleading RequirementsDue Process ViolationWaiver of ErrorQuantum MeruitContract AbandonmentAppellate Review
References
13
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