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

Case No. 2017-03-0832
Regular Panel Decision
Nov 17, 2017

Foust, David Michael v. Pinnacle Delivery Service

The claimant alleged a left knee injury while working as a delivery helper for Pinnacle Delivery Service, which contended he was an independent contractor and denied the injury arose from employment. The trial court found a likely employment relationship but insufficient evidence of a work-related injury, thus denying benefits. The claimant appealed but failed to provide a transcript, statement of evidence, or a brief to support his arguments. The Appeals Board affirmed the trial court's decision, deeming the appeal frivolous due to the inadequate record, and remanded the case for any necessary further proceedings, but did not award expenses to the employer.

AppealInterlocutory AppealIndependent Contractor StatusEmployment RelationshipKnee InjuryExpedited HearingFrivolous AppealInadequate RecordAppellate ProcedureBurden of Proof
References
7
Case No. WCK 0068998
Regular
Jan 22, 2008

LINDA FONTENOT vs. BARRETT BUSINESS SERVICES INC., PINNACLE RISK MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded sanctions imposed against Barrett Business Services Inc. (represented by Pinnacle Risk Management Services) and its adjustor, Chamber Medical Collections, Inc. (CMC), for failing to appear at a hearing. The WCAB found that CMC provided a reasonable excuse for its non-appearance, supported by a doctor's note, and deemed the sanctions disproportionate. The matter was returned to the trial level for further proceedings on other sanctions and the underlying lien claim.

Workers Compensation Appeals BoardReconsiderationSanction OrdersLien ClaimantFailure to AppearWCJPetition for ReconsiderationTimelinessReasonable ExcuseDoctor's Statement
References
0
Case No. ADJ4392577 (LBO 0392493)
Regular
Jul 18, 2011

JOSE HERNANDEZ vs. UNIVERSAL PROTECTION SERVICES, AMERICAN CASUALTY COMPANY OF READING, PA

This case addresses a lien claim for interpreter services. The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration and denied the lien claimant's petition. The WCAB found that the lien claimant failed to meet its burden of proof by not establishing that the applicant actually required interpreter services. Therefore, the lien for interpreting services was denied in its entirety.

Medical Provider NetworkMPNLien ClaimantPetition for ReconsiderationFindings and AwardCompromise and ReleaseInterpreter ServicesBurden of ProofDue ProcessLabor Code
References
2
Case No. 03-10-00709-CV
Regular Panel Decision
Aug 31, 2011

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Green Tree Servicing, LLC appealed a post-answer default judgment concerning ad valorem taxes on mobile homes. The original suit was filed by Travis County and other entities against Conseco Finance Servicing Corporation, later substituted with Green Tree. Green Tree failed to appear at trial, resulting in a default judgment. Green Tree filed a motion for new trial, asserting its failure to appear was due to an accident or mistake (attorney transition) and that it had a meritorious defense, arguing that as a repossessing lienholder and not an owner, it was not liable for the taxes under Texas Tax Code Ann. § 32.07. The appellate court applied the Craddock test and found that Green Tree satisfied all three elements. The court adopted the interpretation that a repossessing lienholder is not considered an 'owner' under the tax code. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Post-answer default judgmentAd valorem taxesMobile homesLienholder liabilityProperty ownershipMeritorious defenseCraddock testNew trialStatutory interpretationTexas Tax Code
References
22
Case No. MISSING
Regular Panel Decision

Tribble & Stephens Co. v. Consolidated Services, Inc.

Consolidated Services, Inc., an electrical subcontractor, sued general contractor Tribble & Stephens Company and owner Dayton-Hudson Corp. for wrongful termination of contract and conversion of materials. The trial court awarded Consolidated Services, Inc. actual damages for breach of contract, conversion damages, exemplary damages, foreclosure of a mechanic's lien, and attorney's fees. Appellants Tribble & Stephens Company and Dayton-Hudson Corp. appealed, challenging the sufficiency of evidence for conversion, malice, breach of contract damages, and the foreclosure of the lien. The appellate court affirmed the findings for breach of contract and conversion damages and attorney's fees, but reversed the awards for exemplary damages and the foreclosure of the mechanic's and materialman's lien due to lack of evidence and procedural omissions.

Construction ContractBreach of ContractWrongful TerminationConversionMechanic's LienMaterialman's LienExemplary DamagesAttorney's FeesAppellate ReviewEvidentiary Sufficiency
References
28
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. 15-25-00012-CV
Regular Panel Decision
Mar 17, 2025

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

This is an interlocutory appeal from a denial-in-part of Appellants’ plea to the jurisdiction. Appellee filed an action against the State of Texas, TFC, HHSC, Executive Director Mike Novak of TFC, and Deputy Executive Commissioner for System Support Services Division of HHSC Rolland Niles alleging causes of action for breach of lease, ultra vires conduct related to the termination of the lease, and declaratory relief. Appellants argue that the trial court erred in denying their plea because Chapter 114 of the Texas Civil Practices and Remedies Code does not waive sovereign immunity for the State of Texas, HHSC, or TFC for breach of lease claims, and the lease is not a contract for goods or services covered by Chapter 114. Furthermore, Appellants contend that the Uniform Declaratory Judgments Act (UDJA) does not waive sovereign immunity for Appellee's declaratory judgment claim as it does not challenge the constitutionality or validity of a statute, and Appellee has not alleged a cognizable ultra vires claim against the state officials. Appellants seek reversal of the partial denial of their plea to the jurisdiction and dismissal of Appellee's claims.

Sovereign ImmunityBreach of LeaseDeclaratory JudgmentUltra ViresTexas Civil Practices and Remedies CodeTexas Government CodeAppellate ProcedureJurisdictionState AgenciesContract Law
References
44
Case No. MISSING
Regular Panel Decision

Superior Snubbing Services, Inc. v. Energy Service Company of Bowie, Inc.

Superior Snubbing Services, Inc. appealed a summary judgment granted in favor of Energy Service Company of Bowie, Inc. The case originated from an injury sustained by a Superior employee, Daryll Faulk, while working under a Master Service Agreement between Superior and Mitchell Energy Corporation (now Devon Energy Operating, L.P.). Faulk sued Energy and others, leading to a settlement, after which Energy and Mitchell sought indemnity from Superior based on the contract. Superior argued that Energy's claims were barred by the exclusive remedy provisions of the Texas Labor Code and the contract was unenforceable under the Texas Oilfield Anti-Indemnity Act. The appellate court reversed the trial court's judgment, concluding that under Texas Labor Code section 417.004, third-party beneficiaries like Energy are not permissible indemnitees because the agreement was not directly with the 'third party'.

Workers' CompensationIndemnificationContractual LiabilityTexas Labor CodeOilfield Anti-Indemnity ActSummary JudgmentStatutory InterpretationThird-Party BeneficiaryAppellate ReviewReverse and Remand
References
12
Case No. ADJ587289 (LBO 0321668)
Regular
202013-05-00

TERESA BACA vs. STATE OF CALIFORNIA DPSS/CALWORKS/GAIN; TRISTAR; STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by Pinnacle Lien Services on behalf of lien claimant Dynamed, Inc., challenging a prior Order Imposing Sanctions. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. Although the petitioner claimed defective service of the sanctions order, the WCAB found that their own records, via the EAMS system, conclusively showed proper service of the relevant orders to Pinnacle Lien Services at their correct address. Therefore, the WCAB denied reconsideration as the petition was not filed within the statutory timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimelinessOrder Imposing SanctionsNotice of ServiceElectronic Adjudication Management SystemWCABLien ClaimantAdministrative Law JudgeOfficial Record of Service
References
0
Case No. ADJ7259313, ADJ7259058
Regular
May 13, 2013

JOSE GARATE vs. LEADING EDGE AVIATION SERVICES, FEDERAL INSURANCE COMPANY, CHUBB SERVICES CORPORATION

Here's a summary of the case for a lawyer, in a maximum of four sentences: This case involves lien claimants who petitioned for reconsideration after their liens were dismissed for failure to pay the required activation fee as mandated by Labor Code section 4903.06. The Workers' Compensation Appeals Board denied the petition, adopting the judge's report which found the petition improper due to multiple claimants filing as one and violation of service rules. The judge's report emphasized that the lien activation fee was not paid by the lien claimants, necessitating dismissal with prejudice per statutory language. Therefore, the Board concluded the lien claimants' arguments regarding jurisdiction and service were without merit and upheld the dismissal orders.

WCABPetition for ReconsiderationLien ClaimantsActivation FeeDismissal of LiensLabor Code Section 4903.06Due ProcessJurisdictionService of OrdersFinal Orders
References
1
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