CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 03-03-00435-CV
Regular Panel Decision
Jul 29, 2004

Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission/East Side Surgical Center Clinic for Special Surgery And Surgical and Diagnostic Center, L.P. v. East Side Surgical Center Clinic for Special Surgery/Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission

This case involves the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center, Clinic for Special Surgery, and intervenor Surgical and Diagnostic Center, L.P. (collectively "East Side") sued the Commission to invalidate certain default rules that applied when specific guidelines were absent. The district court declared one rule (133.304(i)) invalid and enjoined its enforcement, citing unlawful delegation of authority. On appeal, the Court of Appeals reversed the district court's judgment regarding the rule's invalidity and dissolved the injunction, citing a Texas Supreme Court decision finding no unlawful delegation. The court affirmed that East Side was not entitled to its usual and customary fee in the absence of specific guidelines.

Workers' CompensationAdministrative LawDelegation of AuthorityRulemakingAmbulatory Surgical CentersJudicial ReviewInsurance CarrierFee GuidelinesFair and Reasonable RatesStatutory Interpretation
References
38
Case No. MISSING
Regular Panel Decision

Texas Workers' Compensation Commission v. East Side Surgical Center

This case addresses the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center and related entities sued the Commission, seeking to invalidate default rules that applied in the absence of specific fee guidelines, arguing an unlawful delegation of fee-setting authority to insurance carriers. The district court initially declared rule 133.304® invalid, but the appellate court reversed this decision, holding that the rule did not constitute an unlawful delegation of the Commission’s authority. The court further clarified that providers are entitled to fair and reasonable reimbursement, not a statutory right to fee guidelines established by rule, and affirmed that East Side was not entitled to its usual and customary fee.

Workers' CompensationFee GuidelinesAdministrative LawStatutory InterpretationDelegation of AuthorityInsurance CarriersAmbulatory Surgical CentersJudicial ReviewDeclaratory ReliefInjunctive Relief
References
19
Case No. 01-14-00779-CV
Regular Panel Decision
May 13, 2014

Pointe West Center, LLC v. It's Alive, Inc. and Shamil Qureshi, Individually, and as Agent For, It's Alive, Inc.

This document is a brief filed by It's Alive, Inc. and Shamil Qureshi (Cross-Appellants) in an appeal against Pointe West Center, LLC (Appellant) regarding a judgment from the County Civil Court at Law No. 1, Harris County, Texas. Pointe West Center, LLC, as landlord, originally sued It's Alive, Inc., as tenant, and Shamil Qureshi, as guarantor, for breach of a commercial lease, conversion, and trespass to chattels. The tenant also filed a counterclaim for the landlord's failure to return a security deposit. The jury found in favor of the landlord on the primary claims, awarding $15,000 for repair costs, while denying other damages for both parties and the tenant's counterclaim. The Cross-Appellants argue that the trial court erred in denying their motion for instructed verdict because there was no legally sufficient evidence to support the damages award for reasonable and necessary repair costs.

Commercial Lease DisputeProperty DamageBreach of ContractConversionTrespass to ChattelsAppellate BriefEvidentiary SufficiencyDamages CalculationJury Verdict ReviewTexas Civil Procedure
References
13
Case No. MISSING
Regular Panel Decision

Capps v. Goodlark Medical Center, Inc.

Daniella Capps, an x-ray technician, developed an incisional hernia at the site of a prior surgical incision while lifting a patient at Cheatham Medical Center, owned by Goodlark Medical Center. The trial court denied her workers' compensation claim, applying T.C.A. § 50-6-212(a)(5), the 'hernia statute,' reasoning that the surgical incision constituted a pre-existing rupture. The appellate court disagreed with this interpretation, distinguishing a healed surgical incision from an actual pre-existing hernia or rupture. The court ruled that Capps's hernia was a new injury directly caused by her work-related accident, meeting all statutory criteria for compensability despite her inherent susceptibility due to prior surgery. Consequently, the judgment of the trial court was reversed, and the case was remanded for entry of judgment in Capps's favor.

Hernia StatuteT.C.A. § 50-6-212(a)Pre-existing ConditionSurgical IncisionIncisional HerniaWork-related InjuryStatutory InterpretationTrial Court ReversalCompensabilityAbdominal Weakness
References
6
Case No. MISSING
Regular Panel Decision

Briargrove Shopping Center Joint Venture v. Vilar, Inc.

Briargrove Shopping Center, the appellant, initiated a lawsuit against Vilar, Inc., d/b/a Swedish Auto Repair, alleging a breach of lease terms. Vilar, Inc. filed a cross-claim, asserting that Briargrove's construction of a theatre constituted constructive eviction by significantly reducing parking and access areas. A jury found in favor of Vilar, Inc., determining a material breach of lease and constructive eviction. Briargrove Shopping Center appealed, raising seventeen points of error concerning the submission of special issues, contract interpretation, damages, and attorney's fees. The appellate court, after reviewing the evidence, overruled all points of error and affirmed the lower court's judgment.

Lease disputeConstructive evictionMaterial breachCommercial leaseTenant rightsLandlord dutiesJury issuesAppellate reviewDamagesAttorney's fees
References
23
Case No. 2-06-016-CV
Regular Panel Decision
Mar 15, 2007

Shioleno Industries, Inc. AND Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington v. Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington AND Shioleno Industries, Inc.

Shioleno Industries, Inc. appealed a summary judgment granted in favor of Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC d/b/a Medical Center of Arlington (the Hospital). The case originated from the Hospital's alleged failure to disclose an employee's positive drug and alcohol test results to Shioleno after an on-the-job injury. Shioleno contended that this omission led to increased workers' compensation premiums and expenses in unemployment benefit disputes. The appellate court affirmed the trial court's judgment, ruling that Shioleno failed to provide a valid authorization for the disclosure of medical information. Consequently, the Hospital had no legal duty to disclose the results and could not be held liable for negligence, breach of contract, or Deceptive Trade Practices Act (DTPA) violations.

Summary JudgmentMedical RecordsDisclosure AuthorizationHealth & Safety CodeNegligenceBreach of ContractDTPADrug TestingAlcohol TestingEmployer Liability
References
13
Case No. 08-05-00033-CV
Regular Panel Decision
Aug 03, 2006

Martha Gray, Rose Marie Salvato, and Edmund Higginbotham of the Estate of Mary Ann Higginbotham v. Woodville Health Care Center Dba Wodville Convalescent Center Dba Cantex Health Care Centers Dba Denison Healthcare Denter Ltd. Co. & Kerry Evans M.D.

This case concerns an appeal by Martha Gray, Rose Marie Salvato, and Edmund Higginbotham, Executor of the Estate of Mary Ann Higginbotham, from summary judgments granted in favor of Dr. Kerry Evans and Woodville Healthcare Center. Appellants filed a wrongful death suit alleging medical malpractice, gross negligence, and negligence per se following the death of Brayton Gray, who was a patient at Woodville nursing home under Dr. Evans' care. The central issue was whether the Appellants provided sufficient evidence of causation to support their claims. The court found that the expert testimony presented was conclusory or speculative and failed to establish the necessary causal link. Additionally, the court ruled that the Appellants lacked standing for constitutional claims and that no state action was involved for a Fourteenth Amendment violation. Consequently, the appellate court affirmed the trial court's judgment.

Medical malpracticeWrongful deathSummary judgmentCausationExpert testimonyNursing home negligenceParkinson's diseaseConstitutional rightsFourteenth AmendmentState action
References
27
Case No. 03-14-00726-CV
Regular Panel Decision
Oct 30, 2014

Texas San Marcos Treatment Center, L.P. D/B/A San Marcos Treatment Center v. Veronica Payton

Texas San Marcos Treatment Center appeals the trial court's denial of its motion to dismiss Veronica Payton's health care liability claim. Payton alleged negligence after being assaulted by a patient at the treatment center. The appellant argues that the expert report provided by Dr. William H. Reid is deficient, lacking factual support and specificity concerning the standard of care, its breach, and causation, as required by Chapter 74 of the Texas Civil Practices and Remedies Code. The appellant asserts the trial court abused its discretion by finding the report adequate and requests dismissal of the claims.

Medical MalpracticeExpert ReportMotion to DismissAbuse of DiscretionStandard of CareBreach of DutyCausationHealth Care Liability ClaimPsychiatric FacilityEmployee Assault
References
25
Case No. MISSING
Regular Panel Decision

Rechenberger v. Nassau County Medical Center

Edward Rechenberger suffered hip fractures and underwent two operations at Nassau County Medical Center in May 1982. Following a re-injury and later diagnosis, he learned the surgical hardware was improperly implanted, leading to further operations. Mr. Rechenberger sought leave to serve a late notice of claim against the medical center. The Supreme Court initially denied the motion, but the Appellate Division reversed this decision, finding that the hospital had actual knowledge of the essential facts of the claim within the statutory 90-day period through its own medical records. The court concluded that the delay in serving the notice of claim was not substantially prejudicial to the hospital, and thus, granted the petitioners leave to serve the late notice of claim.

Medical MalpracticeLate Notice of ClaimNassau CountyHip FractureSurgical ErrorContinuous Treatment DoctrineActual NoticePrejudiceAppellate ReviewMunicipal Corporation
References
11
Case No. 05-20-00859-CV
Regular Panel Decision
Aug 11, 2022

Full of Faith Christian Center, Inc., Full of Faith Christian Center Ministries, Full of Faith Christian Center Ministries, Inc., Calvin Ray Calhoun, and Peggy Calhoun v. Kenneth May & Desire Ophelia Fuentes-May

Kenneth May and Desire Ophelia Fuentes-May (Appellees) sued Full of Faith Christian Center, Inc. and related entities/individuals (Appellants) for nuisance, trespass, negligence, and unlawful diversion of water. A no-answer default judgment was entered against Appellants. Appellants challenged the default judgment, raising issues with citation, substituted service, and an unserved supplemental petition, among others. The appellate court found service and citation were not defective and upheld the denial of the motion for new trial on most grounds. However, the court reversed the award of punitive damages against appellants jointly and severally, remanding for a new trial solely on exemplary damages, and affirmed the trial court's judgment in all other respects.

Default JudgmentService of ProcessSubstituted ServicePunitive DamagesJoint and Several LiabilityMotion for New TrialAppellate ReviewTexas Civil ProcedureNuisanceTrespass
References
33
Showing 1-10 of 2,640 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational