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

Case No. 13-20-00004-CV
Regular Panel Decision
Nov 18, 2021

Regina Kay Smith and Jeffrey Scott Grove, as Surviving Parents of Brittany Dawn Grove v. USI Industrial Services, Inc.

Regina Kay Smith and Jeffrey Scott Grove, parents of Brittany Dawn Grove, appealed a summary judgment granted to USI Industrial Services, Inc. The Groves brought claims against USI based on respondeat superior and non-employee mission liability after a fatal auto accident involving USI's former employees, Roberto Rodriguez and Alejandro Ayala, and Brittany Grove. The accident occurred while Rodriguez and Ayala were traveling home after being terminated from USI. The court affirmed the trial court's judgment, concluding that no genuine issue of material fact existed regarding Rodriguez's employment status with USI at the time of the accident. Additionally, the court found that USI did not control the manner or route of travel for the non-employees, thereby negating non-employee mission liability.

Respondeat SuperiorVicarious LiabilityNon-Employee Mission LiabilitySummary Judgment AppealEmployment TerminationCourse and Scope of EmploymentFatal Auto AccidentAffidavit EvidenceJudicial ReviewTexas Court of Appeals
References
24
Case No. MISSING
Regular Panel Decision

Industrial Accident Board v. Magana

The Industrial Accident Board of the State of Texas appealed a permanent injunction issued by a trial court, which prevented the Board from conducting an investigative hearing into allegedly unfair claims handling practices by appellees, Rosa Magana, et al. The trial court's injunction was based on its conclusion that portions of the Workers’ Compensation Act were discriminatory, specifically regarding the right to appeal from investigative hearing sanctions. This appellate court, however, did not address the merits of the appeal. Instead, it granted the appellees' motion to dismiss, ruling that it lacked jurisdiction. The court determined that the Board had previously elected and perfected a direct appeal to the Texas Supreme Court, which subsequently dismissed that appeal for want of jurisdiction, thus precluding a further appeal in this court.

Appellate JurisdictionDirect AppealWant of JurisdictionPermanent InjunctionWorkers' Compensation ActConstitutional LawStatutory DiscriminationProcedural ChronologyElection of RemediesTexas Supreme Court
References
2
Case No. MISSING
Regular Panel Decision

Methodist Hospitals of Dallas v. Texas Industrial Accident Board

Methodist Hospitals of Dallas and numerous other hospitals sued the Industrial Accident Board to prevent the enforcement of Rule 42.110, which regulates hospital fees for workers' compensation patients. The hospitals argued that the rule was invalid due to the Board's failure to substantially comply with the Texas Administrative Procedure and Texas Register Act (APTRA) requirements for public benefit-cost notes and reasoned justifications during its adoption. The trial court denied the hospitals' request for a temporary injunction. On appeal, the court found that the hospitals made a prima facie showing that the rule was not adopted in substantial compliance with APTRA, specifically regarding the restatement of factual bases and reasons for disagreeing with party submissions. Despite this, the appellate court affirmed the trial court's denial of the temporary injunction, stating that the trial court has discretion to balance equities and public interest, and the appellate record lacked sufficient details of the trial court's reasoning to demonstrate an abuse of discretion.

Hospital Fee RegulationAdministrative RulemakingAgency ComplianceInjunctive ReliefJudicial ReviewTexas Administrative Procedure ActStatutory InterpretationPublic InterestEconomic ImpactRegulatory Validity
References
13
Case No. MISSING
Regular Panel Decision

Tatum v. Second Injury Trust Fund, State Industrial Accident Board

This case involves an appeal by Betty Jo Tatum, Bobbie Jo Hill, and JoAnne Brown, who sought worker's compensation benefits as dependent sisters of a deceased worker. They challenged the trial court's dismissal of their appeal from an adverse Industrial Accident Board ruling, arguing the court lacked jurisdiction because their initial lawsuit, filed as 'Estate of James Hill,' was not timely amended to name them as proper plaintiffs within the statutory twenty-day period. The appeals court affirmed the dismissal, holding that the initial filing was a mistake of law, not a misnomer, and did not toll the statute of limitations. It concluded that naming the 'Estate of James Hill' constituted a mistake of law, as an estate is not an 'interested party' under the worker's compensation statute. Consequently, the plaintiffs failed to meet the mandatory jurisdictional requirement for timely filing, thereby depriving the trial court of jurisdiction.

Worker's CompensationStatute of LimitationsJurisdictionDependent SistersEstate as Legal EntityMistake of LawMisnomerTimely FilingAppellate ReviewTexas Worker's Compensation Act
References
8
Case No. MISSING
Regular Panel Decision
Jun 28, 1950

Miears v. Industrial Accident Board

This Supreme Court opinion addresses the construction of the Second-Injury Fund Act within the Texas Workmen's Compensation Act. The case involved a petitioner who, after a non-compensable loss of one eye, became totally and permanently disabled following a second compensable eye injury. The core legal question was whether, for compensation from the Second-Injury Fund, the deduction from total permanent disability should account for compensation for both injuries, or only the second injury. Reversing the Court of Civil Appeals in part, the Supreme Court ruled in favor of the petitioner, holding that only the compensation for the second injury should be deducted. The decision emphasized liberal construction of the Act and the policy of encouraging employment for handicapped individuals.

Second-Injury FundWorkmen's CompensationTotal Permanent DisabilitySpecific InjuryDeduction of CompensationNon-Compensable InjuryEmployer LiabilityStatutory ConstructionAppellate ReviewLump Sum Payment
References
41
Case No. B-5535
Regular Panel Decision
Jul 21, 1976

IND. FOUNDATION, ETC. v. Texas Ind. Acc. Bd.

This case addresses whether the Texas Open Records Act (Tex.Rev.Civ.Stat.Ann. art. 6252-17a) requires the Texas Industrial Accident Board to disclose workmen's compensation claim information to the Industrial Foundation of the South. The Supreme Court of Texas held that, with certain exceptions, the requested information constitutes "public information" and must be disclosed. The Court rejected the Board's arguments that its administrative rules or broad constitutional/common-law privacy rights made the information confidential. However, it recognized an exception for "highly intimate or embarrassing facts" that are not of legitimate public concern, as protected by the common-law right of privacy. The case was remanded to the trial court for an in camera review to identify and redact such confidential information in individual claim files. The Court also affirmed that the requestor's motives for seeking information are irrelevant to disclosure and that costs for providing records are borne by the requesting party.

Open Records ActPublic InformationWorkmen's CompensationRight to PrivacyGovernment TransparencyInformation DisclosureMandamus RemedyStatutory InterpretationAdministrative LawJudicial Discretion
References
12
Case No. 04-90-00007-CV
Regular Panel Decision
Apr 25, 1990

INDUSTRIAL ACC. BD. v. Spears

The Industrial Accident Board (IAB) sought a writ of mandamus to compel Judge Carolyn H. Spears to disqualify an attorney and law firm representing Jesse Casias, the plaintiff in an underlying tort action against the IAB. Casias had sued the IAB for injuries sustained at their office. The IAB argued that a conflict of interest existed because a former chairman of the IAB, Margaret Maisel, who returned to the plaintiff's law firm, had been involved in Casias' worker's compensation claim related to the incident and possessed confidential information as the IAB's former legal advisor. The IAB also contended that Maisel was a potential material witness regarding the crucial issue of notice. The Court of Appeals found that Maisel's prior role and potential testimony created a conflict, necessitating the disqualification of her and her law firm. Consequently, the court conditionally granted the mandamus, directing Judge Spears to issue an order disqualifying Bruce Miller and Tinsman & Houser.

MandamusAttorney DisqualificationConflict of InterestFormer ClientGovernment EmployeeMaterial WitnessTexas Tort Claims ActProfessional ResponsibilityLegal EthicsWaiver
References
16
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. ADJ3925996 (FRE 0180480) ADJ360469 (FRE 0198851)
Regular
Oct 01, 2012

MICHAEL AKINS vs. THE SALVATION ARMY, Permissibly Self-Insured

In this workers' compensation case, the defendant, The Salvation Army, seeks to deny liability for applicant Michael Akins' recommended spinal surgery. While Akins sustained industrial injuries to his neck and back in 1998 and 2001, a subsequent non-industrial car accident in 2008 displaced hardware from his prior industrial surgery. The Board found that the industrial injury was a substantial contributing factor to the need for the current surgery, even though the non-industrial accident was the "most proximate cause." Therefore, the defendant remains liable for the recommended surgical intervention.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderIndustrial InjurySpinal SurgeryPrimary Treating PhysicianNon-Industrial Motor Vehicle CollisionIntervening EventAgreed Medical ExaminerCausation
References
1
Case No. MISSING
Regular Panel Decision

Home Life & Accident Co. v. Wade

This case involves an appeal by the Home Life & Accident Company from an award of the Industrial Accident Board in favor of C. Wade. Wade, an an employee of A. C. MacParlane, sustained injuries while loading steel cranes onto a barge in the navigable Sabine River. The central legal question was whether Wade's maritime injury fell under the Texas Workmen’s Compensation Law or the exclusive admiralty jurisdiction of federal courts. The trial court initially awarded compensation to Wade under state law. However, the appellate court, citing various U.S. Supreme Court precedents and an Attorney General's opinion, concluded that maritime injuries are subject to federal admiralty law, thus precluding state workers' compensation jurisdiction. Consequently, the trial court's judgment was reversed, and the appellate court ruled in favor of the Home Life & Accident Company.

Admiralty lawMaritime jurisdictionWorkers' compensationFederal preemptionState lawInjury at workNavigable watersLongshoremanSabine RiverEmployer liability
References
5
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