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

Case No. 04-07-00859-CV
Regular Panel Decision
Apr 29, 2009

Pacific Employers Insurance Company v. Bill Hibdon

This case concerns an appeal regarding a workers' compensation claim where Pacific Employers Insurance Company (Pacific) contested the compensability of an injury claimed by Bill Hibdon. The core issue was whether Pacific had waived its right to contest compensability by allegedly failing to timely send notice of refusal to pay benefits to Hibdon, as required by the version of Texas Labor Code § 409.021(a) in effect at the time. The trial court affirmed an appeals panel decision, concluding Pacific had waived its right due to Hibdon's non-receipt of timely notice. However, citing Sw. Bell Tel. v. Mitchell, the appellate court determined that failure to send or receive notice within the statutory seven-day period does not constitute a waiver of the insurer's right to contest compensability. Consequently, the court reversed the trial court's judgment and rendered judgment in favor of Pacific, holding it did not waive its right.

Workers' CompensationWaiverInsurance CarrierNotice of RefusalCompensabilityTexas Labor CodeStatutory InterpretationAppellate ReviewJudicial PrecedentReversal
References
5
Case No. MISSING
Regular Panel Decision

Sedona Pacific Housing Partnership D/B/A Sedona Pacific Properties and Gonzalez Financial Holdings, Inc. v. Alfonso Ventura and Maria Ventura

Alfonso and Maria Ventura filed a wrongful foreclosure suit against Sedona Pacific Housing Partnership d/b/a Sedona Pacific Properties and Gonzalez Financial Holdings, Inc. after their homestead was sold due to an unpaid tax lien note. The Venturas alleged the appellants failed to properly account for surplus funds and raised additional claims of fraud, usury, and failure to account. Appellants, despite being served and making a general appearance through a Rule 11 agreement, failed to file an answer and did not appear for trial, leading to a post-appearance default judgment against them for $66,958 plus attorney's fees. Appellants' motion for a new trial was denied by the trial court. The appellate court affirmed the trial court's decision, finding that Appellants failed to prove their absence was not due to conscious indifference and that the record supported the damages award.

Wrongful ForeclosureDefault JudgmentPost-Appearance DefaultMotion for New TrialConscious IndifferenceMeritorious DefenseRule 11 AgreementDue ProcessAppellate ProcedureDamages
References
24
Case No. NO. 09-03-109 CV
Regular Panel Decision
Jun 26, 2003

in Re Louisiana-Pacific Corporation

This case concerns a mandamus proceeding in the Ninth District of Texas at Beaumont. Mario Gonzales, Sr. sued Louisiana-Pacific Corporation for negligence in Jefferson County. Louisiana-Pacific argued that Gonzales was a borrowed employee, making workers' compensation benefits his exclusive remedy, and sought to abate the negligence lawsuit. The Texas Workers' Compensation Commission ruled against Louisiana-Pacific, a decision it appealed to the Hardin County district court. The Court of Appeals determined that the Jefferson County trial court abused its discretion by denying Louisiana-Pacific's motion to abate the negligence action. The court reasoned that allowing the negligence suit to proceed before the resolution of the compensation appeal in Hardin County would bypass the statutory scheme for workers' compensation issues, leading to uncertainty, conflicting results, and duplicative expenditure of resources. The writ of mandamus was conditionally granted, requiring the trial court to abate the case until the compensation issue is resolved in Hardin County.

Borrowed Employee DoctrineAbatement of ProceedingsMandamus ReliefExclusive RemedyJudicial ReviewPrimary JurisdictionVenue DisputeNegligence ActionAppellate ProcedureInterlocutory Appeal
References
21
Case No. MISSING
Regular Panel Decision

Pacific Employers Insurance Co. v. Reynolds

Michael Reynolds suffered a work-related injury and received compensation benefits from his employer's insurer, Pacific Employers Insurance Company. Pacific later terminated benefits, arguing Reynolds failed to file a timely claim. The Texas Workers' Compensation Commission's Appeals Panel affirmed in part and remanded the 'good cause' issue. Pacific then sought judicial review in district court before a final administrative decision. The Appeals Panel subsequently absolved Pacific of liability. Both parties moved for summary judgment, which the trial court granted in favor of Reynolds. On appeal, the court found the trial court lacked subject matter jurisdiction because Pacific had not exhausted administrative remedies and Reynolds failed to serve the TWCC with his counterclaim. The appellate court therefore vacated the trial court's judgment and dismissed the suit.

JurisdictionAdministrative RemediesWorkers' CompensationJudicial ReviewAppeals PanelSubject Matter JurisdictionService RequirementsExhaustion of RemediesTimeliness of ClaimGood Cause
References
1
Case No. 3-91-335-CV
Regular Panel Decision
Jul 01, 1992

PACIFIC INDEM. INS. v. Liberty Mut. Ins.

Pacific Indemnity Insurance Company (Pacific Indemnity) paid workers' compensation benefits to Vidal Lopez. Pacific Indemnity then sued Liberty Mutual Insurance Company (Liberty Mutual) for reimbursement without first seeking relief from the Industrial Accident Board (IAB). The trial court granted summary judgment in favor of Liberty Mutual because Pacific Indemnity failed to exhaust its administrative remedies. The Court of Appeals of Texas, Austin, affirmed the trial court's decision, concluding that the IAB had exclusive jurisdiction and Pacific Indemnity's failure to obtain an IAB ruling on the reimbursement issue barred the lawsuit.

Workers' CompensationAdministrative RemediesExhaustion DoctrineInsurance ReimbursementIndustrial Accident BoardSummary JudgmentTexas Workers' Compensation ActAppellate CourtJurisdictional DisputeCarrier Dispute
References
3
Case No. 14-0901
Regular Panel Decision
Jun 24, 2016

Union Pacific Railroad Company v. William Nami

William Nami, a Union Pacific Railroad employee, contracted West Nile virus from a mosquito bite while working in Brazoria County, Texas. He sued Union Pacific under the Federal Employers’ Liability Act (FELA), alleging negligence for failing to provide a reasonably safe workplace. The jury found Union Pacific 80% responsible, and the trial court awarded Nami damages, which the court of appeals affirmed. On review, the Supreme Court of Texas considered the common-law doctrine of ferae naturae, which limits a property owner's liability for harm from indigenous wild animals unless the owner reduces them to possession, attracts them, or knows of an unreasonable risk. The Court concluded that Union Pacific did not meet these conditions, as it did not attract mosquitoes, could not control them, and the risk of serious infection was not unreasonable, thus precluding liability under FELA. The Supreme Court reversed the judgment of the court of appeals and rendered judgment for Union Pacific.

FELAFerae NaturaeWest Nile VirusMosquito BitesWorkplace SafetyEmployer LiabilityCommon Law NegligenceCausationIndigenous AnimalsForeseeability
References
32
Case No. MISSING
Regular Panel Decision
May 01, 1992

Claim of Le Fevre v. Tel-A-Car of New York, Inc.

This is an appeal from a Worker's Compensation Board decision finding an employer-employee relationship between a claimant and Tel-A-Car of New York, Inc. The claimant, a franchisee of Tel-A-Car's two-way radio dispatch transportation service, was required to operate a specific luxury car, lease a radio, charge Tel-A-Car's set fares, and abide by strict operational rules and a dress code. Despite some freedom in work hours, the Board based its determination of an employer-employee relationship on Tel-A-Car's significant control over car type, radio leasing, fare setting, and dispatching. The appellate court found these incidents of control sufficient to support the Board's determination. Furthermore, the court affirmed the decision and declined to consider a new argument regarding the State Franchise Act, as it was not raised before the Board.

Employer-employee relationshipWorkers' Compensation LawFranchise agreementControl testAppellate procedureFactual issueScope of employmentTransportation industryNew York lawGeneral Business Law
References
5
Case No. MISSING
Regular Panel Decision

Pacific Employers Indemnity Co. v. Custer

This is a worker's compensation case where Appellant Pacific, an insurance carrier, sought to set aside an award of death benefits to the widow and minor children of Edwin D. Custer. Custer allegedly suffered a head injury on April 5, 1974, while working for Handy Andy Inc., due to strain from lifting heavy acetylene bottles, which led to his death on April 9, 1974. Pacific argued that Custer's death was solely caused by pre-existing conditions. A jury found that Custer sustained an injury in the course of employment that was a producing cause of his death. The trial court rendered judgment for the appellees, which was subsequently affirmed on appeal, overruling Pacific's claims of no evidence and improper hypothetical questions.

Worker's CompensationDeath BenefitsIndustrial Accident BoardIntracerebral HemorrhagePhysical ExertionProducing CauseExpert TestimonyJury FindingsAppellate ReviewPre-existing Condition
References
3
Case No. 13-12-00763-CV
Regular Panel Decision
May 14, 2015

Ajas, Inc. v. Idaho Pacific Lumber Company, Inc.

In this Texas Court of Appeals case, Ajas, Inc. appealed a summary judgment, lien foreclosure, and attorney's fees awarded to Idaho Pacific Lumber Company, Inc. The original suit by Idaho Pacific Lumber was against DaRam Companies and its guarantor, Kirk Countryman, concerning a credit contract and materials supplied for a construction project. Ajas, Inc. was included in the summary judgment based on materialman's liens. The appellate court found that Idaho Pacific Lumber failed to provide sufficient pleading or evidence to establish a direct liability against Ajas, Inc. and did not substantially comply with statutory requirements for perfecting a materialman's lien. Consequently, the court reversed the summary judgment and remanded the case for further proceedings.

Summary Judgment AppealLien ForeclosureMaterialman's LienAttorney's FeesContract BreachStatutory ComplianceAppellate ProcedureLegal SufficiencyProperty Owner LiabilityTexas Courts of Appeals
References
34
Case No. 08-05-00086-CV (TC#2003-2730)
Regular Panel Decision
Aug 25, 2005

Pacific Employers Insurance Co. v. Severiano Torres

This case concerns an appeal from the trial court's award of attorney's fees to Appellee Severiano Torres. Appellant Pacific Employers Insurance Co. initially challenged a Texas Workers’ Compensation Commission Appeals Panel decision by suing Torres. After nearly 19 months of litigation, Pacific Employers filed a notice of nonsuit, dismissing all claims against Torres without prejudice, shortly before trial. Subsequently, the trial court awarded attorney's fees to Torres. Pacific Employers appealed this award, contending that Torres was not a 'prevailing party' under Section 408.221 of the Texas Labor Code because the case was disposed of by nonsuit, arguing that a judicial ruling on the merits was required. The Court of Appeals disagreed, affirming the trial court's decision. It held that an employee who defends an award, and whose case is subsequently nonsuited by the insurance carrier, is considered a prevailing party for the purposes of the statute, especially given the legislative intent to liberally construe compensation provisions in favor of injured workers.

Attorney's FeesNonsuitPrevailing PartyStatutory InterpretationTexas Labor CodeWorkers' Compensation AppealJudicial ReviewAppellate CourtInsurance Carrier LiabilityEmployee Claimant
References
12
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