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

Case No. 13-17-00346-CV
Regular Panel Decision
May 09, 2019

Audrey Nickerson v. Julio Pineda and Unique Employment, LLC, Unique Employment Services, Unique Employment I, LTD, D/B/A Unique Employment Services

Audrey Nickerson, an employee of the City of Corpus Christi, sued Julio Pineda, a temporary worker, and Unique Employment Services for negligence after Pineda, operating a City-owned backhoe, caused an injury. Appellees filed a plea to the jurisdiction, which the trial court granted. The appellate court affirmed the dismissal of claims against Pineda, determining he qualified as a government employee under the Texas Tort Claims Act and was therefore immune from suit. However, the court reversed the dismissal of claims against Unique Employment Services, concluding that the borrowed-employee doctrine, on which Unique relied, is an affirmative defense to liability and not a jurisdictional matter properly addressed in a plea to the jurisdiction. The case against Unique was remanded for further proceedings.

Plea to the JurisdictionGovernmental ImmunityTexas Tort Claims ActElection of RemediesBorrowed Employee DoctrineNegligenceTemporary StaffingVicarious LiabilityAppellate ReviewSubject Matter Jurisdiction
References
35
Case No. MISSING
Regular Panel Decision

Blair v. Texas Employment Commission

William G. Blair appealed an order requiring him to produce employment and payroll records to the Texas Employment Commission (TEC). Blair claimed the records were privileged under the Fourth, Fifth, and Fourteenth Amendments, fearing self-incrimination, and offered to produce them only if granted immunity. The Attorney General then filed an application in the 72nd District Court of Lubbock County, which ordered Blair to produce the records. The appellate court affirmed the trial court's judgment, applying the "required records" doctrine, which is an exception to the self-incrimination privilege for records mandated by law for governmental regulation, especially concerning public welfare and the collection of taxes for unemployment compensation.

Required Records DoctrineSelf-IncriminationFifth AmendmentFourth AmendmentFourteenth AmendmentEmployment RecordsPayroll RecordsAdministrative SubpoenaGovernmental RegulationPublic Welfare
References
4
Case No. MISSING
Regular Panel Decision
Jul 12, 1967

Kraft v. Texas Employment Commission

This case addresses the eligibility of William Kraft and forty-eight other employees for unemployment compensation benefits under the Texas Unemployment Compensation Act. The petitioners went on strike against Shamrock Oil and Gas Corporation but later offered to return to work, only to be denied employment because their positions had been filled by permanent replacements. The central legal question revolves around whether their unemployment was still "due to the claimant’s stoppage of work because of a labor dispute" or a new, involuntary cause of unemployment due to job unavailability. The Supreme Court of Texas, referencing the precedent of Texas Employment Commission v. Hodson, ruled that when jobs are refused due to unavailability after an unconditional offer to return, the original disqualifying cause of the labor dispute is displaced. Consequently, the Court reversed the Court of Civil Appeals' judgment and affirmed the trial court's decision in favor of the petitioners, allowing them to receive benefits.

Unemployment CompensationLabor DisputeStrikeJob DisplacementStatutory InterpretationWorkers' RightsEmployment BenefitsStoppage of WorkEconomic StrikePermanent Replacement
References
2
Case No. MISSING
Regular Panel Decision

Texas Employment Commission v. E-Systems, Inc.

The Texas Employment Commission appealed a trial court's judgment that denied unemployment compensation benefits to claimants. The claimants had been laid off from E-Systems, Inc. prior to an economic strike and subsequently refused recall notices due to the ongoing picket line. The central legal issue was whether the job offers constituted 'new work' under Article 5221b-3, which would exempt claimants from disqualification for refusing suitable work. The appellate court concluded that the employer-employee relationship was severed upon layoff, making the recall offers 'new work.' Consequently, the court reversed the trial court's decision, affirming the claimants' entitlement to unemployment compensation benefits.

unemployment benefitseconomic strikelayoffrefusal to worknew work doctrinepicket linejudicial reviewappellate courtstatutory interpretationemployer-employee relationship
References
3
Case No. MISSING
Regular Panel Decision

Elena E. Francisco, Inc. v. Texas Employment Commission

Manuel Diaz, a supervisor, was discharged from his employment for allegedly lying about a December 6, 1987 incident involving alleged marihuana use. The Texas Employment Commission (TEC) granted him unemployment compensation benefits, finding no misconduct. The employer appealed this decision, raising two points of error: (1) insufficient evidence to support the TEC's ruling and (2) trial court error in excluding evidence of other misconduct not presented to the Commission. The appellate court affirmed the district court's decision, which had upheld the TEC's ruling, emphasizing that the 'substantial evidence' rule is the correct standard of review for TEC decisions, despite statutory language implying a de novo trial. The court also found no error in the trial court's handling of the additional misconduct evidence.

Unemployment BenefitsEmployment TerminationWorkplace MisconductLyingMarihuana UseSubstantial Evidence ReviewTrial De NovoAppellate ProcedureAdministrative LawTexas Law
References
6
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Washington

The Texas Employers’ Insurance Association appealed a judgment awarding Carnell Washington total and permanent disability benefits due to an employment injury in Dallas County on April 5, 1967. The appellant challenged the jury's finding of permanent incapacity, arguing there was no evidence or insufficient evidence to support it. The appellate court reviewed the record, including lay testimony regarding Washington's continued pain and physical limitations, and contradictory medical testimony from Dr. Simpson. The court affirmed the trial court's judgment, emphasizing that permanent disability can be reasonably inferred from circumstantial evidence provided by lay witnesses, even when medical experts offer a differing opinion.

Workers' Compensation AppealTotal Permanent DisabilityLay Witness TestimonyMedical Expert OpinionSufficiency of EvidenceSubjective vs. Objective FindingsJury FindingsBack InjuryEmployment InjuryCircumstantial Evidence
References
15
Case No. MISSING
Regular Panel Decision

Okonski v. Pollio Dairy Products Corp.

Claimant sustained a work-related back injury in September 1987 and was subsequently paid temporary total disability benefits. Medical evaluations in December 1987 and January 1988 indicated that the claimant had a continuing partial disability but could perform light duty work, which the employer offered. The employer contended that the claimant's loss of wages after January 18, 1988, was due to her failure to accept this light duty offer, constituting a voluntary withdrawal from the labor market. The Workers’ Compensation Board concluded that the claimant did not voluntarily leave the labor market, finding her actions, including her initial reluctance to work the night shift due to its impact on her daughter's well-being and her attempts to contact the employer for alternative arrangements, to be reasonable. The appellate court affirmed the Board's decision, finding no basis to overturn its findings.

Workers Compensation AppealLight Duty EmploymentVoluntary Withdrawal from Labor MarketPartial DisabilityWage LossEmployer OfferReasonableness of RefusalNight ShiftDaughter's Well-beingHuman Resources Manager
References
1
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Waterview Nursing Home

A 63-year-old nurse’s aide sustained work-related injuries and her workers’ compensation case was established. She was offered a light-duty position by her employer, but her daughter informed the employer that claimant could not work. The Workers’ Compensation Law Judge and the Workers’ Compensation Board subsequently concluded that by rejecting the offer, claimant had voluntarily withdrawn from employment and denied her further benefits. The Appellate Division reversed this decision, finding that the employer failed to provide substantial evidence regarding the specifics of the light-duty position, its requirements, duties, or suitability for the claimant's medical limitations. The court held that without such proof, the Board's finding of voluntary withdrawal was not supported by substantial evidence. The matter was remitted to the Workers’ Compensation Board for further proceedings consistent with the court's decision.

Workers' CompensationLight-Duty AssignmentVoluntary WithdrawalLabor MarketMedical LimitationsSubstantial EvidenceReversalRemittiturNurse's AideEmployment Benefits
References
3
Case No. MISSING
Regular Panel Decision
Aug 08, 1989

Quinn v. Consolidated Edison Co. of New York, Inc.

This is an appeal from a Workers' Compensation Board decision which found that the claimant was not discriminated against by their employer. The claimant was terminated due to a work-related disability, and subsequently rejected rehire offers from the employer, despite no decrease in salary. When the claimant later sought reemployment, the employer refused. The court found that the claimant failed to prove discrimination or retaliation, and that the employer was under no contractual or legal obligation to rehire the claimant after termination. Therefore, the decision affirming that the employer did not discriminate was upheld.

Workers' CompensationDiscriminationRetaliationReinstatementTerminationEmploymentDisabilitySubstantial EvidenceRehireBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

Norris v. Texas Employment Commission

Norris, an employee of Texaco, appealed the denial of unemployment benefits by the Texas Employment Commission (TEC) and the trial court. His unemployment stemmed from a seven-month strike by the Oil, Chemical and Atomic Workers (OCAW) union against Texaco following failed contract negotiations. Norris, observing picket lines, returned home and made no attempt to resume work, despite other employees crossing the lines. The TEC ruled his unemployment was due to a stoppage of work caused by a labor dispute, disqualifying him from benefits, a decision upheld by the district court under the substantial evidence rule. The appellate court affirmed, finding sufficient evidence to support the conclusion that Norris's unemployment was a claimant's stoppage of work and that he failed to make an unconditional offer to return to work, thus upholding his disqualification for unemployment benefits.

Unemployment BenefitsLabor DisputeWork StoppageStrikePicket LineSubstantial Evidence ReviewStatutory InterpretationEmployer-Employee RelationshipUnconditional Offer to Return to WorkNew Work Classification
References
13
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