CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 13-03-099-CV
Regular Panel Decision
Feb 24, 2005

Luciano Islas v. Central Ready Mix Concrete

Luciano Islas sued Central Ready Mix Concrete Company for injuries suffered while exiting a cement truck drum. The jury found Central Ready Mix 20% negligent and awarded Islas $290,000, but the trial court granted a judgment notwithstanding the verdict. On appeal, the Thirteenth District of Texas Court of Appeals reversed the trial court's decision. The appellate court concluded there was sufficient evidence to support the jury's finding that Central Ready Mix was negligent and its negligence was a proximate cause of Islas's injuries, given its knowledge of past accidents and failure to ensure safety procedures for a dangerous outsourced activity. The court reinstated the jury's verdict, holding Central Ready Mix 20% liable.

Personal InjuryNegligencePremises LiabilityIndependent ContractorForeseeabilityJudgment Notwithstanding VerdictJury VerdictAppellate ReviewSafety ProceduresCement Truck
References
11
Case No. MISSING
Regular Panel Decision

Transit-mix Concrete Corp. v. Local Union No. 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America

Transit-Mix Concrete Corporation and Local Union No. 282, parties to collective bargaining agreements, had a dispute regarding seniority rights of former Colonial Sand and Stone Co. Inc. drivers after Transit-Mix acquired Colonial's assets. An arbitrator's 1979 award on employee seniority was later found by the NLRB and Second Circuit to have been improperly communicated by Local 282, leading to a breach of its duty of fair representation. Consequently, Local 282 was ordered to request reopening the arbitration to provide notice and a retroactive grace period for affected employees. Transit-Mix sought to stay this arbitration, arguing against reopening a final award and raising procedural defenses like statute of limitations and laches. The court, emphasizing the broad arbitration clause in their agreements, denied Transit-Mix's petition to stay and granted Local 282's cross-petition to compel arbitration, deferring the merits and procedural questions to the arbitrator.

ArbitrationCollective Bargaining AgreementSeniority DisputeDuty of Fair RepresentationNLRB OrderLabor-Management DisputesArbitration EnforcementJudicial Review of ArbitrationFederal Labor LawUnion Liability
References
20
Case No. MISSING
Regular Panel Decision

Borsack v. Chalk & Vermilion Fine Arts, Ltd.

Ronald Borsack (also known as Ron Bell) filed a breach of contract action against Chalk & Vermilion Fine Arts, Ltd., Sevenarts, Ltd., Chalk & Vermilion Fine Arts, LLC, and David Rogath. The defendants removed the case from New York Supreme Court to federal court, citing diversity jurisdiction and later jurisdiction under the Convention for the Recognition and Enforcement of Foreign Arbitration Awards. Borsack claimed an oral agreement for a "finders fee" of five Erte artist proofs, which he alleged was memorialized in an addendum to a license agreement between Chalk & Vermilion and Sevenarts. The defendants moved to stay the action pending arbitration as per the license agreement, while Borsack cross-moved to remand the case to state court, arguing a lack of subject matter jurisdiction. The court found that diversity jurisdiction was absent as Borsack was domiciled in New York, the same as one of the defendants. However, the court determined it had federal question jurisdiction under the Federal Arbitration Act's Chapter 2, as the dispute involved an international commercial arbitration agreement. The court further concluded that Borsack, as an intended third-party beneficiary of the License Agreement and Addendum, was bound by its arbitration clause. Consequently, the court granted the defendants' motion for a stay pending arbitration and denied Borsack's motion to remand.

Breach of ContractArbitration AgreementFederal Arbitration ActDiversity JurisdictionSubject Matter JurisdictionThird-Party BeneficiaryConvention on Foreign Arbitral AwardsRemand MotionStay Pending ArbitrationContract Interpretation
References
37
Case No. MISSING
Regular Panel Decision

Graphic Arts Mutual Insurance v. Bakers Mutual Insurance

This case concerns a dispute between Graphic Arts Mutual, an automobile liability insurer, and Bakers Mutual, a workers' compensation carrier, over which policy covers an employer's derivative liability in a third-party personal injury action. An employee of Chimes Cake Co. was injured by a co-employee's negligence, leading to a third-party claim against the employer under the Dole-Dow doctrine. Graphic disclaimed responsibility, citing policy exclusions for employee bodily injury and workers' compensation obligations. The court affirmed that Graphic's automobile policy covered the employer's vicarious liability to a third-party tort-feasor, as this obligation did not fall within the stated exclusions. The decision emphasizes a functional analysis of separate insurance lines, concluding that automobile liability should cover obligations arising from vehicle operation.

Insurance disputeAutomobile liabilityWorkers' compensationThird-party actionDeclaratory judgmentEmployer's liabilityVicarious liabilityDole-Dow doctrinePolicy exclusionsCo-employee negligence
References
4
Case No. 2018-06-1969
Regular Panel Decision
Oct 04, 2019

Kent, Robert v. Delatorre Art Design, Inc.

The claimant, Robert Kent, an artisan, sustained a left shoulder injury while working at the Nashville Zoo. He sought workers' compensation benefits from Delatorre Art Design, Inc., which hired him, alleging he was an employee. Delatorre contended Kent was an independent contractor and therefore not entitled to benefits. The trial court sided with Delatorre, a decision affirmed by the Appeals Board after considering statutory factors for determining employment status. The Board concluded that the preponderance of the evidence supported the finding that Kent was unlikely to establish an employer-employee relationship at trial, and thus affirmed the denial of benefits.

Independent contractoremployer-employee relationshipworkers' compensation benefitsartisan injuryoccupational injurytemporary workstatutory factorsright to controlmethod of paymentNashville Zoo
References
5
Case No. MISSING
Regular Panel Decision

Central Ready Mix Concrete Co. v. Islas

Luciano Islas, an employee of independent contractor Eugene Taylor, sustained severe injuries while cleaning a concrete truck drum for Central Ready Mix Concrete Company, which lacked workers' compensation insurance. A jury initially found all parties partially at fault, but the trial court subsequently granted a judgment notwithstanding the verdict in favor of Central, holding Taylor solely liable. The court of appeals reversed this decision, but the Supreme Court of Texas overturned the appellate court's ruling, reinstating the original trial court judgment for Central. The Supreme Court emphasized that owners like Central generally owe no duty to ensure the safety practices of independent contractors' employees unless actual control is retained, and that the repair work was not inherently dangerous enough to impose a nondelegable duty. Therefore, Central was not held liable for Islas's injuries.

Workers' CompensationIndependent ContractorPremises LiabilityDuty to WarnInherently Dangerous ActivityNondelegable DutyJudgment Notwithstanding the VerdictTexas LawOccupational SafetyEmployer Liability
References
24
Case No. 650775/2013, 158002/2012
Regular Panel Decision
Nov 25, 2013

Saska v. Metropolitan Museum of Art

This opinion addresses two consolidated actions challenging the Metropolitan Museum of Art’s "pay what you wish" admissions policy. Plaintiffs alleged violations of General Business Law § 349, a 1893 statute, and breach of a 1878 lease with the City of New York, asserting a right to free admission. Justice Kornreich granted the Museum’s motion to dismiss. The court found no private right of action under the 1893 appropriations act and determined that plaintiffs, as purported third-party beneficiaries of the lease, had no greater rights than the City, which had tacitly and explicitly approved the admission policy for over 40 years. The decision underscored that compelling a de minimis payment constituted de facto free access and that plaintiffs' lawsuit would ultimately undermine the Museum’s ability to fund its public access and operations.

Museum Admission PolicyPay What You WishGeneral Business Law § 349Lease AgreementThird-Party BeneficiaryPrivate Right of ActionAppropriations StatuteInjunctive ReliefMotion to DismissMetropolitan Museum of Art
References
31
Case No. MISSING
Regular Panel Decision

Rosenberg Development Corp. v. Imperial Performing Arts, Inc.

Imperial Performing Arts, Inc. (IPA) sued Rosenberg Development Corporation (RDC) for breach of contract and declaratory judgment. RDC filed a plea to the jurisdiction, claiming governmental immunity from suit. The trial court partially granted and partially denied RDC's plea. On interlocutory appeal, RDC challenged the denial of its plea. The appellate court affirmed the trial court's partial denial, holding that economic development corporations like RDC generally do not possess common law governmental immunity from suit for contract claims. The court further clarified that the statutory immunity granted to Type B corporations under Local Government Code § 505.106 is limited to tort claims and immunity from liability for damages, neither of which supported RDC's plea for immunity from suit in this contract dispute.

Governmental ImmunityEconomic Development CorporationPlea to JurisdictionBreach of ContractDeclaratory JudgmentTexas Local Government CodeGovernmental FunctionsPolitical SubdivisionsCommon Law ImmunityStatutory Immunity
References
34
Case No. 15-01392
Regular Panel Decision
Oct 24, 2018

Music Mix Mobile LLC v. Newman (In re Stage Presence, Inc.)

This adversary proceeding involves claims by Music Mix Mobile, LLC and other plaintiffs against Stage Presence, Inc. and its owner, Allen Newman. Plaintiffs alleged they were not paid for services provided for a benefit concert and sought to hold Mr. Newman personally liable for Stage Presence's debts under alter ego or piercing the corporate veil theories. The court analyzed whether Mr. Newman excessively dominated Stage Presence and if this was used to perpetrate fraud or injustice. The decision concluded that Stage Presence maintained its separate corporate identity in key financial and operational aspects, and Mr. Newman genuinely believed the concert's funding was legitimate. Consequently, the court dismissed the alter ego claims against Mr. Newman while allowing the underlying claims against Stage Presence.

Bankruptcy LawAlter Ego DoctrinePiercing the Corporate VeilCorporate LiabilityCreditor ClaimsDebtor-Creditor LawFraudulent MisrepresentationContractual ObligationsCorporate FormalitiesUndercapitalization
References
33
Case No. 07-17-00138-CV
Regular Panel Decision
Sep 11, 2018

Anthony D. Colby v. Graphic Arts Mutual Insurance Company A/K/A Utica National Insurance Company

Anthony D. Colby appealed a trial court's dismissal of his workers' compensation claims against Graphic Arts Mutual Insurance Company (Utica). Colby, who sustained an on-the-job injury in 2009, had previously exhausted some administrative remedies related to the appointment of a designated doctor. The Division of Workers’ Compensation (DWC) Appeals Panel upheld a decision that Dr. Lisa Persyn was not properly appointed as a designated doctor. However, Colby's subsequent district court claims for denial of medical treatment, improper claims handling, and civil rights violations did not directly challenge the DWC's specific decision. The Court of Appeals affirmed the trial court's grant of Utica's plea to the jurisdiction and motion to dismiss, concluding that Colby failed to exhaust the necessary administrative remedies for the particular claims he asserted in the district court, as these matters fell under the exclusive jurisdiction of the DWC.

Workers' CompensationAdministrative RemediesJurisdictionPlea to the JurisdictionAppellate ReviewMedical BenefitsClaims HandlingDesignated DoctorExhaustion DoctrineTrial Court Dismissal
References
6
Showing 1-10 of 329 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational