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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

Stinson v. Tennessee Department of Mental Health & Mental Retardation

Plaintiff Velda Joyce Stinson, a highly qualified health professional, sued the Middle Tennessee Mental Health Institute (MTMHI), the Tennessee Department of Mental Health and Mental Retardation (TDMHMR), and two individual officials for sex discrimination and retaliation under Title VII. Stinson alleged she was denied a suitable position, given an unapproved job title, subjected to discriminatory treatment, demoted, and eventually had her position abolished after inquiring about pay inequities based on sex and filing an EEOC complaint. The court found that Stinson was treated less favorably than male counterparts, experienced significant retaliation, and that the defendants' justifications for their actions were pretexts. The court granted Stinson relief, ordering her reinstatement to a properly classified Assistant Superintendent position, awarding $9,756.00 in lost wages with prejudgment interest, and mandating attorneys' fees.

Sex DiscriminationRetaliationEmployment LawTitle VIIDemotionLost WagesReinstatementDiscriminatory PracticesPay InequityWorkplace Harassment
References
29
Case No. MISSING
Regular Panel Decision

Central Counties Center for Mental Health & Mental Retardation Services v. Rodriguez

This case consolidates two interlocutory appeals from district court orders denying pleas to the jurisdiction by Central Counties Center for Mental Health & Mental Retardation Services (the "Center") and Austin State Hospital (the "Hospital"). Karen Rodriguez sued the Center for personal injuries, including sexual exploitation by an employee. Debbie Fiske and Raymond Rodriguez sued the Hospital for damages related to their son's suicide while a patient. The core legal question is whether the Texas Health and Safety Code clearly and unambiguously waives sovereign immunity for mental health facilities. The court concludes that Code section 321.003 clearly waives both immunity from liability and immunity from suit for mental health facilities, including the Center and the Hospital. Therefore, the court affirms the district courts' orders denying the appellants' pleas to the jurisdiction.

Sovereign ImmunityWaiver of ImmunityMental Health FacilitiesHealth and Safety CodePatient's Bill of RightsInterlocutory AppealPlea to JurisdictionStatutory ConstructionGovernmental ImmunityPersonal Injury
References
19
Case No. 03-00-00369-CV, 03-00-00640-CV
Regular Panel Decision
Mar 29, 2001

Central Counties Center for Mental Health & Mental Retardation Services v. Karen Rodriguez

This case consolidates two interlocutory appeals concerning sovereign immunity waivers for mental health facilities. Central Counties Center for Mental Health & Mental Retardation Services and Austin State Hospital appealed the denial of their pleas to the jurisdiction. Karen Rodriguez sued the Center for personal injuries and sexual exploitation by an employee. Debbie Fiske and Raymond Rodriguez sued the Hospital for damages and on behalf of their son, Christopher Roy Rodriguez, who committed suicide while a patient. The appeals court reviewed the issue de novo, determining whether the Texas Health and Safety Code clearly and unambiguously waives sovereign immunity. The court concluded that sections 321.003(a) and (b) of the Code explicitly waive both immunity from liability and immunity from suit for mental health facilities that violate patient rights. The court affirmed the district courts' orders denying the pleas to the jurisdiction.

Sovereign ImmunityWaiver of ImmunityMental Health FacilitiesPatient's Bill of RightsTexas Health and Safety CodeStatutory ConstructionInterlocutory AppealPlea to JurisdictionPersonal InjurySexual Exploitation
References
19
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Evers

M. W. Evers, an employee, suffered a 40% partial permanent incapacity to his right shoulder due to an injury sustained while working for Columbian Carbon Company. He was awarded compensation for 300 weeks from Texas Employers’ Insurance Association. The insurance association appealed, challenging the compensation award primarily because Evers continued to work for approximately 52 weeks post-injury at his regular wage. The appellate court affirmed the trial court's judgment, emphasizing that continued employment, especially under necessity and with employer/colleague assistance, does not negate a claim for permanent partial incapacity under workmen's compensation law, which should be liberally construed. The court also addressed and rejected the appellant's points of error regarding jury findings and newly discovered evidence.

Workers' CompensationPartial Permanent IncapacityAppellate ReviewAffirmation of JudgmentEarning CapacityContinued EmploymentMedical TestimonyShoulder InjuryNew Trial MotionJury Verdict
References
23
Case No. 04-99-00603-CV
Regular Panel Decision
Oct 31, 2001

Texas Department of Mental Health & Mental Retardation v. Rodriguez

Diana Rodriguez, a case worker at Laredo State Center (LSC), reported potential civil rights violations in Starr County regarding civil commitment procedures. Following her report, Rodriguez experienced several alleged adverse personnel actions: a "Thurston letter" (disciplinary notice), a "below standards" performance evaluation, and a transfer from the Crisis Intervention Unit (CIU) to a rehabilitation program. She filed a whistle-blower lawsuit against the Texas Department of Mental Health and Mental Retardation (MHMR), alleging these actions were retaliatory. The jury found in her favor, but MHMR appealed. The Court of Appeals reviewed the legal and factual sufficiency of the evidence, particularly regarding the causal link between Rodriguez's report and the adverse actions. The majority found insufficient evidence of causation, concluding that the actions would not have occurred regardless of her report, and thus reversed the judgment and rendered judgment in MHMR's favor. A dissenting opinion argued that sufficient circumstantial evidence existed to support the jury's finding of causation.

WhistleblowerRetaliationAdverse Personnel ActionCausationLegal SufficiencyFactual SufficiencyTexas Government CodeMental AnguishPublic EmployeeDue Process
References
9
Case No. MISSING
Regular Panel Decision

Permian Basin Community Centers for Mental Health & Mental Retardation v. Johns

Bob Johns sued Permian Basin Community Centers for Mental Health and Mental Retardation (PBCC) under the Texas Whistleblower Act, claiming wrongful termination after reporting alleged client abuse. Johns, a community living instructor, was suspended and later not rehired after reporting bruises on a resident. PBCC argued Johns was not their employee and failed to exhaust administrative remedies. The jury found in favor of Johns, but on appeal, PBCC contended that Johns failed to meet the jurisdictional prerequisite of exhausting administrative grievance procedures. The appellate court agreed, finding that Johns had not conclusively proven compliance with PBCC's internal grievance procedures, which were a mandatory prerequisite for filing suit under the Act. Consequently, the judgment for Johns was reversed, and the case was remanded to the trial court with orders to dismiss for lack of jurisdiction.

Whistleblower ActPublic EmployeeAdministrative RemediesJurisdictional PrerequisiteRetaliation ClaimWrongful TerminationEmployer-Employee RelationshipIndependent ContractorGrievance ProcedureAbuse Reporting
References
12
Case No. MISSING
Regular Panel Decision

Transport Insurance Co. v. Garcia

Thomas J. Garcia, an employee, was found totally and permanently incapacitated due to a back injury sustained on August 25, 1976, during his employment. Transport Insurance Company, the compensation carrier, appealed this judgment, challenging the sufficiency of evidence for permanent incapacity. Despite returning to light duty and then full release, Garcia testified to ongoing pain, muscle spasms, and difficulty with heavy lifting, corroborated by his friend Frank Trevino and orthopedic surgeon Dr. Robert J. Kilian, who noted Garcia's limited work performance. The appellate court considered both supporting and conflicting evidence, including a supervisor's testimony of Garcia working without complaints and findings from another orthopedic surgeon. Ultimately, the court affirmed the jury's finding, concluding it was not against the great weight and preponderance of the evidence.

Workers' CompensationPermanent DisabilityTotal IncapacityBack InjuryLumbosacral SprainMedical TestimonyLay Witness TestimonySufficiency of EvidenceAppellate ReviewJury Verdict
References
6
Case No. 3-90-002-CV
Regular Panel Decision
Aug 28, 1991

Texas Department of Mental Health and Mental Retardation v. Opal Petty, by Herself and Through Her Next Friends, and Linda Kaufman and Herbert Clinton Denson, as Next Friends of Opal Petty

Opal Petty, through her next friends, sued the Texas Department of Mental Health and Mental Retardation for personal injuries caused by employee negligence, recovering a $250,000 judgment. Both parties appealed. The Court of Appeals, Third District of Texas, addressed whether medical records and plans constituted 'tangible personal property' under the Texas Tort Claims Act, if the Department had actual notice of the injury, and the constitutionality of the statutory damages cap and pre-judgment interest. The court affirmed the trial court's judgment, holding that the items were tangible property, actual notice was met, and the damage limit was constitutional. Ms. Petty's cross-points regarding additional damages and pre-judgment interest were overruled.

Governmental immunityTexas Tort Claims ActPersonal injuryNegligenceMental health careMental retardationTangible propertyActual noticeFalse imprisonmentDamages limitation
References
45
Case No. MISSING
Regular Panel Decision

Liberty Mutual Insurance Co. v. Peoples

Charles W. Peoples, an employee of Jordan Ford, Inc., suffered a back injury in January 1976. Despite prior back injuries and surgeries in 1972 and 1974, he sought worker's compensation for total and permanent incapacity from Liberty Mutual Insurance Company. The insurance company challenged the jury's findings, arguing Peoples returned to work and his subsequent injuries were the sole cause of his disability. The court discussed the evolution of Texas's apportionment statutes in worker's compensation cases, specifically focusing on the 1971 amendment that abolished the percentage contribution defense for prior injuries. The court held that evidence of subsequent injuries is admissible if offered to show they were the sole cause of present disability. The judgment of the trial court was reversed, and the cause remanded for a new trial due to the exclusion of evidence regarding a subsequent injury in May 1977 and a related back operation in January 1978, which could potentially be the sole cause of his present disability.

Worker's CompensationTotal and Permanent IncapacityPre-existing ConditionSubsequent InjuryApportionment StatuteSole Cause DefenseSufficiency of EvidenceJury FindingsMedical TestimonyTexas Law
References
14
Case No. MISSING
Regular Panel Decision

Standard Fire Insurance Co. v. Rice

This is a worker's compensation case where the insurance carrier appealed a jury verdict granting total and permanent disability benefits to an injured worker. The worker sustained a low back injury, necessitating a chymopapain injection, and continued employment post-injury, even with increased pay and a more strenuous schedule. However, medical testimony and evidence from safety directors suggested that due to his injury and surgery, the worker was permanently disabled from obtaining similar employment elsewhere, being deemed to have a "Class 4 back." The appellate court affirmed the judgment, emphasizing the liberal construction of worker's compensation laws and that continued work does not automatically preclude findings of total and permanent disability. The court found the evidence factually sufficient to support the jury's finding of permanent total incapacity.

Worker's CompensationBack InjuryLumbar StrainHerniated DiscChymopapain InjectionPermanent DisabilityTotal IncapacityMedical EvidenceEmployment PhysicalsTexas Law
References
5
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