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

Case No. MISSING
Regular Panel Decision

Texas Municipal League Intergovernmental Risk Pool v. Burns

The City of the Colony and Texas Municipal League Intergovernmental Risk Pool (TML Risk Pool) appealed the trial court's dismissal of their appeal regarding a workers' compensation benefits award to Brandon Burns. Appellants challenged the timeliness of the City's intervention, TML Risk Pool's standing, and the award of attorney's fees. Brandon Burns cross-appealed on attorney's fees. The appellate court affirmed the trial court's judgment, concluding that the City's petition in intervention was untimely, TML Risk Pool lacked standing as it was not an 'insurance carrier' under the labor code, and the attorney's fees awards were proper. The cross-appeal on attorney's fees was also overruled as Burns failed to show how the trial court's actions resulted in an improper judgment.

Appellate ReviewStandingInterventionTimelinessEquitable TollingAttorney's FeesJurisdictionSelf-InsuranceGovernmental EntityTexas Labor Code
References
25
Case No. 03-98-00169-CV
Regular Panel Decision
Jun 17, 1999

Texas Workers' Compensation Commission and Subsequent Injury Fund v. Texas Municipal League Intergovernmental Risk Pool

The Texas Municipal League Intergovernmental Risk Pool (Risk Pool) challenged the constitutionality of specific provisions within the Texas Workers' Compensation Act and related Texas Workers' Compensation Commission (TWCC) rules. These provisions mandated contributions to the Subsequent Injury Fund, which the Risk Pool argued violated constitutional restrictions on political subdivisions lending credit or granting public money, and imposing state ad valorem property taxes. The trial court initially sided with the Risk Pool, declaring the requirements unconstitutional as applied to its members. On appeal, the Court of Appeals addressed the Risk Pool's standing and the core constitutional arguments. The appellate court characterized the mandatory contributions as analogous to a custodial escheat statute, where the state assumes custody of unclaimed death benefits rather than gaining absolute ownership. Consequently, the court reversed the trial court's judgment, concluding that the Risk Pool failed to meet its burden for an "as applied" constitutional challenge, notably by not asserting a limitations defense.

Workers' Compensation ActSubsequent Injury FundDeclaratory JudgmentConstitutional ChallengeAs-Applied ChallengeAssociational StandingAcceptance of Benefits DoctrineEscheat LawCustodial EscheatUnclaimed Death Benefits
References
18
Case No. MISSING
Regular Panel Decision

Texas Workers' Compensation Commission and Subsequent Injury Fund v. Texas Municipal League Intergovernmental Risk Pool

This case involves a dispute between the Texas Municipal League Intergovernmental Risk Pool (Risk Pool) and the Texas Workers’ Compensation Commission (TWCC) and the Subsequent Injury Fund (Fund). The Risk Pool challenged the constitutionality of provisions in the Texas Workers’ Compensation Act and TWCC rules requiring it to contribute unclaimed death benefits to the Fund. While the trial court found these provisions unconstitutional, the appellate court reversed, holding that the scheme functions as a custodial escheat, not a transfer of title, and thus does not violate the Texas Constitution. The court also noted that the Risk Pool failed to assert a limitations defense, thereby not meeting the burden for an "as applied" constitutional challenge.

Workers' Compensation ActSubsequent Injury FundDeclaratory JudgmentConstitutional LawEscheat StatutesCustodial TakingAssociational StandingPublic FundsPolitical SubdivisionsUnclaimed Death Benefits
References
26
Case No. MISSING
Regular Panel Decision

Texas Municipal League Intergovernmental Risk Pool v. Texas Workers' Compensation Commission

The Texas Municipal League Intergovernmental Risk Pool, representing numerous self-insured political subdivisions, challenged specific sections of the Texas Labor Code and associated administrative rules. These provisions require workers' compensation insurance carriers, including the Risk Pool, to pay death benefits (in cases where no legal beneficiary exists) into the Subsequent Injury Fund. This fund is then used to compensate workers who sustain second injuries and to reimburse other insurance carriers. The Risk Pool contended that these mandates violate Article III, Section 52(a) of the Texas Constitution, which restricts political subdivisions from lending credit or granting public money to individuals or private corporations without a pre-existing legal obligation. While the trial court initially agreed with the Risk Pool, the court of appeals reversed this decision, and the Supreme Court subsequently affirmed that reversal. Justice Owen dissents from this judgment, arguing that the challenged funding mechanism is unconstitutional, as it compels political subdivisions to fund compensation for non-employees and to reimburse private carriers, citing the precedent set in *City of Tyler v. Texas Employers’ Insurance Association*.

Texas ConstitutionPolitical SubdivisionsWorkers' CompensationSubsequent Injury FundSelf-InsuranceDeath BenefitsConstitutional LawPublic FundsIntergovernmental Risk PoolStatutory Interpretation
References
4
Case No. 13-14-00670-CV
Regular Panel Decision
Jan 08, 2015

Texas Municipal League Intergovernmental Risk Pool v. Lloyd K. Aldridge

Aldridge is seeking recovery of attorney's fees for two tasks: negotiating a settlement for policy limits involving a prior injury, and pursuing recovery for the compensation carrier by preventing the running of the statute of limitations. The Texas Municipal League Intergovernmental Risk Pool (TMLIRP) has filed a cross-claim against Lynn Hillyer, the defendant driver, and Aldridge argues that TMLIRP waived sovereign immunity by filing for affirmative relief. Aldridge also asserts that TMLIRP is not a legitimate intergovernmental risk pool as it was not created by governmental units. The brief argues for the proper allocation of settlement funds, including attorney's fees and expenses, from the $30,000 policy limits offered by Hillyer's insurer, to reimburse TMLIRP for its subrogation interest.

SubrogationSovereign ImmunityIntergovernmental Risk PoolAttorney's FeesSettlement AllocationDeclaratory JudgmentAppellate ProcedureTexas Government CodeTexas Labor CodeStatute of Limitations
References
12
Case No. 13-09-00126-CV
Regular Panel Decision
Aug 31, 2009

Jorge Delgado v. Texas Municipal League Intergovernmental Risk Pool

This case arose from a dispute regarding the apportionment of third-party tortfeasor settlement proceeds between an injured employee's workers’ compensation insurance carrier (Texas Municipal League Intergovernmental Risk Pool - TMLIRP) and his trial attorney (Jorge Delgado). Delgado, an employee of the City of South Padre Island, was injured while on duty and received workers' compensation benefits from TMLIRP. After settling a third-party claim against Julia Lee Cabin for $25,028, Delgado filed a declaratory judgment action to determine the distribution of the proceeds, seeking attorney's fees and costs before TMLIRP's subrogation claim. The trial court awarded Delgado $8,342.66 in attorney's fees and $295.00 in court costs, with the balance remitted to TMLIRP. Delgado appealed, arguing for more costs, while TMLIRP cross-appealed, asserting no fees were due and the appeal was frivolous. The Court of Appeals affirmed the trial court's judgment, concluding that Delgado's attorney was entitled to reasonable fees and a proportionate share of expenses as TMLIRP did not actively participate in the settlement.

Workers' CompensationSubrogationAttorney's FeesThird-Party ActionSettlement ProceedsStatutory ConstructionLabor CodeDeclaratory JudgmentAbuse of DiscretionAppellate Review
References
27
Case No. 13-05-555-CV
Regular Panel Decision
Sep 28, 2006

Nieves Tamez v. Texas Municipal League Intergovernmental Risk Pool

Nieves Tamez, an Edinburg Police Department officer, was injured in an automobile accident while on duty. He received workers' compensation benefits from the Texas Municipal League Intergovernmental Risk Pool (TML-IRP) and settled a claim with the at-fault driver. Tamez then sued TML-IRP for additional benefits under an automobile-insurance policy, alleging breach of contract for refusal to pay uninsured/underinsured motorist benefits. The trial court granted a take-nothing summary judgment against Tamez. On appeal, the Court affirmed the trial court's judgment, finding no error in the contract interpretation, no waiver of exclusions by TML-IRP, and that Tamez was not a third-party beneficiary of the insurance policy. The Court also overruled Tamez's fourth issue due to inadequate briefing.

Summary JudgmentBreach of ContractInsurance BenefitsWorkers' CompensationUnderinsured MotoristThird-Party BeneficiaryContract InterpretationAppellate ProcedureEstoppelSubrogation
References
6
Case No. 03-97-00191-CV
Regular Panel Decision
Oct 16, 1997

Carol A. Milner v. City of Leander, Texas Municipal League Intergovernmental Risk Pool, and Axia Services, Inc.

Appellant Carol A. Milner moved the Court of Appeals to compel the filing of the clerk's record or to maintain her appeal. Milner had sued appellees City of Leander, Texas Municipal League Intergovernmental Risk Pool, and Axia Services, Inc., following a Texas Workers' Compensation Commission decision on her claim for benefits. She alleged breach of duty of good faith and fair dealing, and sought a declaratory judgment and judicial review. The trial court granted summary judgments for each appellee on the breach of duty claim. However, the Court of Appeals found the orders were not appealable because they did not resolve all claims and parties, specifically Milner's claims for declaratory judgment and judicial review. Lacking a final judgment or severance, the appeal was dismissed for want of jurisdiction.

Texas Court of AppealsAppellate ProcedureSummary JudgmentFinal Judgment RuleJurisdictionWorkers' CompensationInterlocutory AppealWant of JurisdictionDeclaratory JudgmentJudicial Review
References
2
Case No. 3-93-102-CV
Regular Panel Decision
Dec 15, 1993

Cecilia Bickham, Individually and as Next Friend of Aubrey Charles Bickham, a Minor, Texas Workers' Compensation Commission, Todd Brown and the Subsequent Injury Fund v. City of Bridge City, Texas and Texas Municipal Intergovernmental Risk Pool

This case involves an appeal filed by Cecilia Bickham, individually and as next friend of Aubrey Charles Bickham, a minor, along with the Texas Workers' Compensation Commission, Todd Brown, and The Subsequent Injury Fund, against the City of Bridge City, Texas, and Texas Municipal Intergovernmental Risk Pool. The appeal was brought before the Court of Appeals, Third District of Texas, at Austin, originating from the District Court of Travis County. The parties subsequently filed a joint motion seeking to dismiss the appeal. The Court, citing Tex. R. App. P. 59(a), granted the motion. Consequently, the appeal was dismissed.

Joint MotionAppeal DismissalWorkers' CompensationTexas Court of AppealsCivil ProcedureAppellate ProcedureTravis CountyThird District of TexasIntergovernmental Risk PoolSubsequent Injury Fund
References
1
Case No. MISSING
Regular Panel Decision
Oct 12, 2007

Salvador-Pajaro v. Port Authority

This case involves a Port Authority police officer who sued the Port Authority for personal injuries, alleging an unsafe workplace in New Jersey. The Port Authority's motion for summary judgment dismissing the complaint was initially denied by the Supreme Court, New York County. However, the appellate court unanimously reversed this decision, granting the motion and dismissing the complaint. The court ruled that New York's Labor Law § 27-a, which was the basis for the General Municipal Law § 205-e claim, does not apply to the Port Authority as an Interstate Compact agency, particularly without concurring legislation from New Jersey. Additionally, New York Labor Law provisions concerning workplace safety do not apply to workplaces located outside of New York, even if both the injured worker and the employer are New York domiciliaries.

Interstate Compact AgencyWorkplace SafetyJurisdictionExtraterritorial ApplicationLabor LawGeneral Municipal LawSummary JudgmentPersonal InjuryPort AuthorityEmployer-Employee Relations
References
5
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