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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

Yeldell v. Holiday Hills Retirement and Nursing Center, Inc.

Bertha Yeldell, a vocational nurse for non-subscriber employer Holiday Hills Retirement and Nursing Center, Inc., suffered second and third-degree burns after a coffee urn overturned while she was making a personal telephone call at her duty station. The trial court awarded damages to Yeldell, finding her injuries to be in the course and scope of employment. The court of appeals reversed this judgment. The Supreme Court of Texas reversed the court of appeals, affirming the trial court's decision, ruling that personal telephone calls, like other acts for comfort, can be incidental to employment and thus compensable under the Workers’ Compensation Act. Additionally, the Supreme Court upheld the trial court's exclusion of a witness not disclosed during discovery, stating Holiday Hills failed to supplement interrogatory answers as required by Rule 168(7) of the Texas Rules of Civil Procedure.

Workers' CompensationCourse of EmploymentScope of EmploymentPersonal ActTelephone CallDiscovery RulesInterrogatory SanctionsWitness ExclusionTexas Civil ProcedureNon-subscriber Employer
References
4
Case No. 2021 NY Slip Op 06800
Regular Panel Decision
Dec 07, 2021

Harris v. Pelham Parkway Nursing Care & Rehabilitation Facility LLC

Plaintiff Mariantha Harris appealed an order from Supreme Court, Bronx County, denying her cross motion for summary judgment dismissing an affirmative defense based on the exclusivity provision of the Workers' Compensation Law. The Appellate Division, First Department, reversed the order, granting Harris's cross motion. Harris successfully established prima facie that she was not an employee of Pelham Parkway Nursing Care and Rehabilitation Facility LLC at the time of her accident, but rather was solely employed by nonparty Clear Choice, P.C. The defendant failed to provide sufficient evidence to support its claim that Harris was its special employee, with its reliance solely on the plaintiff performing duties at its nursing home being insufficient. Additionally, the court found the doctrine of judicial estoppel inapplicable because plaintiff had not secured a judgment in her favor in the prior proceeding, and the defendant's prematurity argument was improperly raised for the first time on appeal.

Summary JudgmentExclusive RemedyEmployment StatusSpecial EmployeeSlip and FallJudicial EstoppelAppellate ProcedureCross MotionAffirmative DefenseClear Choice P.C.
References
6
Case No. MISSING
Regular Panel Decision
Jul 19, 2007

Claim of Torrance v. Loretto Rest Nursing Home

Claimant, a food service worker for Loretto Rest Nursing Home, suffered a work-related injury and received workers' compensation benefits. While receiving partial disability benefits, she took a light duty job with another employer. Loretto subsequently terminated her employment, citing a collective bargaining agreement provision against "moonlighting" while on leave. Claimant filed a discrimination claim under Workers’ Compensation Law § 120. A Workers’ Compensation Law Judge initially found discrimination, but the Workers’ Compensation Board reversed. On appeal, the Board's decision was affirmed, as Loretto's termination was deemed a non-discriminatory application of a neutral company policy.

Discrimination ClaimWorkers' Compensation BenefitsPartial DisabilityLight Duty EmploymentTermination of EmploymentCollective Bargaining AgreementNeutral PolicyCausal NexusAppellate ReviewWorkers' Compensation Law § 120
References
10
Case No. 15-25-00033-CV
Regular Panel Decision
Feb 19, 2025

Edith Okechukwu Omietimi v. Texas Board of Nursing

This case concerns Edith Omietimi's appeal against the Texas Board of Nursing's (BON) denial of her Licensed Vocational Nurse (LVN) license renewal. The denial stemmed from an FBI investigation, "Operation Nightingale," which uncovered a fraudulent nursing diploma scheme involving Ms. Omietimi's nursing school, Sacred Heart Houston (SHH). An Administrative Law Judge (ALJ) found no personal fraud by Omietimi but concluded that SHH's program was unapproved and did not provide education substantially equivalent to Texas standards, recommending the denial of her license renewal. The district court affirmed BON's Final Order. BON argues that the decision is supported by substantial evidence and that license renewal is a discretionary act vital for protecting public safety due to Omietimi's inadequate training.

Nursing LicenseLicense RenewalFraudulent Diploma SchemeOperation NightingaleVocational NurseNursing Education StandardsAdministrative LawJudicial ReviewDue ProcessProfessional Licensure
References
26
Case No. NO. 01-13-00108-CV
Regular Panel Decision
Sep 23, 2014

Iris Gonzalez v. Diversicare Leasing Corp D/B/A Afton Oaks Nursing Care Center A/K/A Afton Oaks Nursing and Rehab Center Diversicare Afton Oaks, LLC.

Iris Gonzalez, an employee at a nursing home, sued her employer, Afton Oaks, for personal injuries sustained after tripping over crates on an employee pathway. The trial court dismissed her lawsuit for failure to file an expert report under the Texas Medical Liability Act, categorizing it as a health care liability claim. Gonzalez appealed, arguing it was an ordinary negligence claim unrelated to health care. The Court of Appeals, relying on a recent decision in Williams v. Riverside General Hospital, Inc., held that a 'garden-variety slip-and-fall claim that is completely untethered from the provision of health care' does not constitute a health care liability safety claim. Therefore, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Slip and FallOrdinary NegligenceTexas Medical Liability ActHealth Care Liability ClaimEmployer LiabilityNursing HomePremises LiabilityWorkers' CompensationExpert ReportAppellate Procedure
References
4
Case No. 02-24-00248-CV
Regular Panel Decision
Mar 13, 2025

Granbury SNF LLC D/B/A Granbury Rehab & Nursing, Advanced HCS LLC D/B/A Advanced Healthcare Solutions, and Granbury Rehab & Nursing GS LLC v. Natalie Jackson

Natalie Jackson sued Granbury SNF LLC, Advanced HCS LLC, and Granbury Rehab & Nursing GS LLC for unlawful retaliation after reporting resident abuse. A jury found in Jackson's favor, awarding compensatory and exemplary damages. On appeal, the Appellants challenged the sufficiency of evidence for Granbury GS's involvement, mental anguish damages, exemplary damages for reprehensible conduct, and the individual capping of punitive damages. The appellate court affirmed the trial court's judgment, largely finding that Appellants failed to preserve most issues. Specifically, the court affirmed the exemplary damages against Granbury GS and the award of contingent appellate attorney's fees, citing sufficient evidence of malice and proper calculation methods for fees.

Unlawful RetaliationAbuse ReportingExemplary DamagesMental Anguish DamagesLegal SufficiencyAppellate Attorney's FeesPreservation of ErrorVice-Principal DoctrineTexas Civil Practice and Remedies CodeTexas Health & Safety Code
References
47
Case No. 13-09-00470-CV, 13-09-00627-CV
Regular Panel Decision
May 19, 2011

Martha Arango and Americare Nursing Services, Inc. v. Andrea Davila

This case involves two consolidated appeals concerning an employer's duty to provide a safe workplace, specifically regarding publicly accessible roadways. Appellants Martha Arango and Americare Nursing Services, Inc. challenged a trial court judgment that awarded Andrea Davila over $1.8 million in damages. The judgment relied significantly on deemed admissions due to the appellants' counsel's failure to timely respond to requests. The Court of Appeals reversed and remanded, finding the trial court abused its discretion by denying the motion to set aside the deemed admissions, as there was no evidence of bad faith. The court also held that written-off medical expenses were improperly included in the damages award and that post-judgment discovery sanctions were erroneously assessed. The case is remanded for a new trial.

Employer DutyWorkplace SafetyNegligence LiabilityDeemed AdmissionsDiscovery SanctionsMedical DamagesAppellate ReviewReversal and RemandCorporate Officer ResponsibilityResponsible Third Party
References
40
Case No. MISSING
Regular Panel Decision
Mar 04, 1988

In re Nurse Care Registry, Inc.

Nurse Care Registry, Inc., an agency providing health care personnel, appealed a decision by the Unemployment Insurance Appeal Board that classified its workers as employees rather than independent contractors, making Nurse Care liable for unemployment insurance contributions. The court affirmed the Board's decision, finding substantial evidence of Nurse Care's control over key aspects of the services provided by the workers. This control included client contact, worker wages, and billing/collection, which were deemed indicative of an employer-employee relationship. The court relied on precedent establishing that such control warrants an employment finding, despite workers having full-time positions elsewhere and the agency not directly supervising daily work.

unemployment insuranceemployer-employee relationshipindependent contractoradministrative lawappellate reviewlabor lawagency staffingcontrol testsubstantial evidencehealth care industry
References
4
Case No. MISSING
Regular Panel Decision

Williams v. Hevi-Duty Electric Co.

The plaintiff, Williams, sued Hevi-Duty Electric Company and other state defendants for racial discrimination and retaliatory failure to hire under Title VII, § 1981, and § 1983. The court found that Hevi-Duty discriminated against Williams by manipulating its one-year application retention policy and through word-of-mouth recruitment, effectively excluding him due to his race and prior EEOC charge. The court entered judgment for Williams against Hevi-Duty, ordering hiring, back-pay, and attorney fees, and permanently enjoining further discrimination. Claims against the state defendants were dismissed due to sovereign immunity or lack of discriminatory conduct.

Employment DiscriminationRacial DiscriminationRetaliation (Employment)Title VIICivil Rights Act of 1964Civil Rights Act of 1866Disparate TreatmentHiring PracticesApplication PolicyWord-of-Mouth Recruitment
References
21
Case No. MISSING
Regular Panel Decision

C.N.S., Inc. v. Connecticut General Life Insurance

This case involves cross-motions for summary judgment concerning a dispute over retiree medical benefits provided by AlliedSignal, Inc. The plaintiffs, C.N.S., Inc. d/b/a Community Nursing Services (CNS) and Gloria Steiner, challenged the denial of benefits for nursing services and the hourly rate. The Court dismissed claims against Connecticut General Life Insurance Company (CGLIC) as it had no duty to pay benefits. The Court granted summary judgment to defendants regarding the reduction of nursing service payments from $100 to $55 per hour, finding the administrator's decision reasonable due to plaintiffs' failure to provide justification. However, the Court denied both parties' motions for summary judgment concerning the termination of benefits for around-the-clock nursing care, citing a genuine issue of material fact regarding the reasonableness of that decision.

ERISAEmployee BenefitsRetiree Medical PlanSummary Plan DescriptionPlan Administrator DiscretionBenefit DenialSummary JudgmentArbitrary and Capricious StandardOut-of-Network BenefitsNursing Services
References
7
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