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

Case No. 08-02-00266-CV
Regular Panel Decision
Aug 26, 2003

Pablo Ramirez v. Sentry Insurance Mutual Company

Pablo Ramirez, the appellant, sought judicial review of a jury verdict in favor of Sentry Insurance Mutual Company, the appellee. Ramirez had sustained a work-related shoulder injury and filed a claim for workers' compensation benefits, which was ultimately denied by the Texas Workers' Compensation Commission appeals panel. Subsequently, a trial court jury upheld this decision, leading Ramirez to appeal on three main issues. These issues concerned the legal sufficiency of evidence for the jury's finding against his disability claim, the trial court's admission of evidence regarding his other health conditions, and the refusal to include a specific jury instruction on multiple causes of disability. The Court of Appeals, Eighth District of Texas, found no merit in Ramirez's arguments and affirmed the judgment of the trial court.

Workers' CompensationDisability ClaimJury VerdictLegal SufficiencyEvidence AdmissionJury InstructionsShoulder InjuryMedical RecordsTexas LawAppellate Review
References
14
Case No. 01-02-00542-CV
Regular Panel Decision
Dec 19, 2002

Michelle Ramirez, Ind. & on Behalf of the Estate of Jesus Ramirez v. Worthington Contractors, Inc.

Michelle Ramirez, individually and on behalf of her deceased husband's estate and their three minor children, appealed the trial court's summary judgment in favor of Worthington Constructors, Inc., Worthington Pavers, Inc., and David E. Worthington. This wrongful death action arose after Jesus Ramirez, a day laborer for Worthington's independent contractor, died from injuries sustained after falling from a pickup truck. Ramirez contended that Worthington retained control over the independent contractor and thus had a duty to provide a safe work environment for Ramirez. The appellate court affirmed the trial court's decision, finding that Worthington owed no legal duty to Ramirez because he was not an employee and Worthington did not retain control over the independent contractor or his employee. The accident occurred after work was finished and off the work site, not as a result of an unsafe work environment.

Wrongful deathSummary judgmentIndependent contractorEmployer liabilityDuty of careRight to controlWorkplace accidentAppellate reviewTexas lawSubcontractor
References
10
Case No. 10-14-00157-CV
Regular Panel Decision
Jun 04, 2015

Thomas H. Sinclair v. Estate of Fernando Ramirez and Eva Ramirez, Individually, and Personal Representative of the Estate of Fernando Ramirez, and on Behalf of All Wrongful Death Beneficiaries

This case involves an appeal from a jury verdict in a wrongful death and survivorship action. Appellant Thomas H. Sinclair challenges the verdict in favor of the Estate of Fernando Ramirez and Eva Ramirez. Fernando Ramirez died after an altercation at Sinclair's cabaret, following heavy drinking. The jury found Sinclair partly responsible, but the appellate court reversed the judgment, concluding that the appellees failed to present legally sufficient causation evidence directly connecting Sinclair’s purported negligence with the decedent’s death due to the lack of expert medical testimony ruling out other plausible causes.

NegligenceProximate CauseWrongful DeathSurvivorship ActionExpert TestimonyMedical CausationBlunt Force Head InjuriesAlcohol IntoxicationAppellate ReviewLegal Sufficiency
References
37
Case No. 13-99-136-CV
Regular Panel Decision
Feb 22, 2001

Krishnan, Elizabeth, M.D. v. Ramirez, Senovio, Jr., Temporary Guardian of Property of Humberto Sepulveda, III, as Heir of Olga Ramirez Sepulveda

The Thirteenth District of Texas Court of Appeals affirmed a $250,000 jury award for mental anguish damages in a medical malpractice suit against Dr. Elizabeth G. Krishnan. The suit was brought by Senovio Ramirez, Jr., as temporary guardian for Humberto Sepulveda, III, the heir of Olga Ramirez Sepulveda, deceased, following the stillbirth of her child. Dr. Krishnan appealed, challenging the sufficiency of evidence regarding causation and breach of the standard of care, the excessiveness of the damages, and various procedural issues including evidence admission, jury instructions, standing, and amendment of pleadings. The appellate court found sufficient evidence to support the jury's findings on causation and breach of standard of care, and upheld the award, concluding no reversible errors occurred during the trial.

Medical MalpracticeStillbirthMental Anguish DamagesCausationStandard of CareAppellate ProcedureJury InstructionsStandingPreeclampsiaObstetrics
References
61
Case No. MISSING
Regular Panel Decision

Simon Ramirez and Cynthia Ramirez v. Dr. Jose Carreras

Simon Ramirez sustained a lower back injury while working, leading to a spinal fusion. K-Mart's worker's compensation carrier hired Dr. Jose Carreras to conduct a range-of-motion examination for disability rating. Simon and Cynthia Ramirez alleged Dr. Carreras caused further injury by forcefully bending Simon during the examination. The trial court directed a verdict on assault and battery but presented the common law negligence claim to the jury, which found no negligence. The appellate court affirmed the trial court's judgment, upholding the jury's verdict. It also ruled that the Texas Medical Liability and Insurance Improvement Act was not applicable due to the absence of a physician-patient relationship between Dr. Carreras and Simon Ramirez, reaffirming its prior decision on this matter as the law of the case.

NegligenceMedical ExaminationDuty Not To InjureWorker's CompensationPhysician-Patient RelationshipCommon Law NegligenceDirected VerdictAppellate ReviewSufficiency of EvidenceMedical Malpractice Act Inapplicability
References
5
Case No. 13-19-00500-CV
Regular Panel Decision
Oct 14, 2021

Texas Auto Salvage, Inc., Gary Hack, and Daniel Hack v. D D Ramirez, Inc., Danny Ramirez Recycling, Inc., San Antonio Auto & Truck Salvage, Danny's Recycling & Precious Metals, LLC, Danny's Recycling, Inc., and Daniel Delagarza Ramirez

Appellants, Texas Auto Salvage, Inc., Gary Hack, and Daniel Hack (TASI), sued appellees, D D Ramirez, Inc., et al. (DDR), over a dispute regarding their neighboring metal recycling facilities in San Antonio. TASI alleged various claims including public and private nuisance, arguing DDR’s facilities were polluted and violated city ordinances, causing harm to TASI’s business and property. After a jury trial, the jury found against TASI on most claims, and the trial court granted DDR’s motion for judgment notwithstanding the verdict (JNOV), issuing a take-nothing judgment. On appeal, TASI challenged the denial of injunctive relief and the JNOV on its public nuisance claim, as well as the exclusion of expert testimony and the factual insufficiency of evidence for its private nuisance claim. The Court of Appeals affirmed the trial court’s judgment, concluding that TASI lacked standing to bring its public and private nuisance claims as it failed to demonstrate a substantial special injury distinct from the public at large.

Public NuisancePrivate NuisanceStandingJudgment Notwithstanding the Verdict (JNOV)Injunctive ReliefMunicipal OrdinancesMetal Recycling FacilitiesEnvironmental RegulationsCode ViolationsBusiness Dispute
References
50
Case No. MISSING
Regular Panel Decision

Ramirez v. State

Rosendo Guzman Ramirez was convicted of burglary of a vehicle after being found on a freight train in El Paso, Texas, along with other individuals. Railroad security officers discovered a broken seal on a trailer where Ramirez and others were apprehended. The State argued that Ramirez's attempt to obtain a free ride constituted theft of service, thereby demonstrating intent to commit theft for the burglary charge. However, the court reversed the conviction, clarifying that a freight train does not provide service for compensation. Therefore, "riding-the-rails" does not fulfill the criteria for theft of service under Texas Penal Code Section 31.04(a), and the intent to commit theft, a necessary element for burglary of a vehicle under Section 30.04, was not proven. The case was remanded for entry of a judgment of not guilty.

Texas Penal CodeBurglary of VehicleTheft of ServiceFreight TrainRosendo Guzman RamirezCriminal TrespassIntent to Commit TheftUndocumented WorkersEl PasoConviction Reversed
References
0
Case No. MISSING
Regular Panel Decision

City of Palestine v. Ramirez

Gloria Ramirez, a police radio dispatcher, sued the City of Palestine and its Chief of Police, Charles R. Oliphint, for wrongful discharge and alleged violations of the Texas Labor Code after she was terminated following a workplace injury and subsequent disciplinary issues. Ramirez had filed a worker's compensation claim and was discharged shortly after attempting to return to work. The defendants filed a motion for summary judgment, asserting Oliphint was entitled to qualified immunity. The trial court denied this motion, leading to an interlocutory appeal. The appellate court examined whether Oliphint was performing discretionary duties and acting in good faith when he terminated Ramirez. The court concluded that Oliphint's actions were discretionary and that he acted in good faith, thereby establishing his qualified immunity. Therefore, the appellate court reversed the trial court's denial of summary judgment and rendered judgment that Ramirez take nothing against Oliphint.

Qualified ImmunitySummary JudgmentInterlocutory AppealWrongful DischargeTexas Labor CodeRetaliationOfficial ImmunityDiscretionary ActGood FaithPolice Chief Liability
References
12
Case No. ADJ2033145 (LAO 0877321) ADJ1126357 (LAO 0877370)
Regular
Jun 06, 2012

PABLO RAMIREZ vs. BAU FURNITURE MANUFACTURING, BERKSHIRE HATHAWAY

This Workers' Compensation Appeals Board case involved applicant Pablo Ramirez and defendants Bau Furniture Manufacturing and Berkshire Hathaway. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but dismissed a remaining lien balance for Paramount Physicians Medical Group with prejudice. This modification specifically addressed a lien claim previously asserted.

WORKERS' COMPENSATION APPEALS BOARDPABLO RAMIREZBAU FURNITURE MANUFACTURINGBERKSHIRE HATHAWAYADJ2033145ADJ1126357OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONworkers' compensation administrative law judgeWCJ
References
0
Case No. MISSING
Regular Panel Decision

Ramirez v. Transcontinental Insurance Co.

Angelo Loiza Ramirez, a landscape laborer, sued Transcontinental Insurance Company (TIC) for breaching its duty of good faith and fair dealing in handling his workers' compensation claim. Ramirez alleged his fall at work aggravated a temporomandibular joint (TMJ) condition. TIC denied benefits, claiming a reasonable basis due to conflicting medical opinions and witness statements. The trial court granted TIC's motion for summary judgment, which Ramirez appealed. The appellate court affirmed, ruling that TIC's reliance on various expert reports and co-worker statements constituted a reasonable basis for denial, thus precluding a finding of bad faith.

Workers' Compensation ClaimBad Faith InsuranceSummary Judgment AppealDuty of Good FaithFair DealingInsurance Coverage DisputeTemporomandibular Joint Disorder (TMJ)Pre-existing InjuryMedical Expert OpinionFactual Basis for Denial
References
23
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