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

Case No. 13-13-00463-CV
Regular Panel Decision
Oct 10, 2013

the Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, the Church of Jesus Christ of Latter-Day Saints, and the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. John Doe

John Doe sued the Church of Jesus Christ of Latter-day Saints, alleging sexual assault by Eustacio Munioz and seeking damages based on vicarious and direct liability theories. The Church moved for summary judgment, asserting the claims were time-barred. The trial court denied the motion without stating its reasons. The Church petitioned the Court of Appeals for a permissive interlocutory appeal, arguing controlling questions of law regarding the statute of limitations and tolling doctrines like duress and continuing tort. The appellate court denied the petition, finding that the absence of a substantive ruling by the trial court prevented the identification of a clear controlling question of law, thus failing to meet the requirements for a permissive appeal.

Permissive appealInterlocutory orderSummary judgmentStatute of limitationsTollingDuressContinuing tort doctrineControlling question of lawAppellate procedureTexas law
References
12
Case No. 13-06-471-CV
Regular Panel Decision
Apr 17, 2008

Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C. v. Christus Spohn Health System D/B/A Christus Spohn Hospital Memorial

This case involves an appeal from summary judgments. Appellants (Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C., collectively "Texas Treasure") contested the trial court's decision in favor of appellee (Christus Spohn Health System d/b/a Christus Spohn Hospital Memorial, "Christus"). The dispute arose from medical expenses incurred by a seaman, Judy Ann Lanado, employed by Texas Treasure, who suffered severe brain damage after surgery at Christus. Texas Treasure sought to avoid liability for the entire hospital bill and claimed equitable subrogation. The appellate court affirmed the denial of Texas Treasure's motion for summary judgment on its plea in intervention but reversed the granting of Christus's motions for summary judgment on its counterclaim and Texas Treasure's plea in intervention, remanding for further proceedings to determine negligence and attributable expenses.

Summary JudgmentAppellate ReviewSworn AccountVerified DenialDue ProcessEquitable SubrogationMaintenance and CureMaritime LawAlien CrewmanHospital Expenses
References
52
Case No. 06-03-00153-CV
Regular Panel Decision
Nov 22, 2004

Jack Pierce v. John T. (Jake) Holiday

Jack Pierce sued John T. (Jake) Holiday for injuries allegedly sustained while cutting hay on Holiday's farm. The trial court granted summary judgment for Holiday. On appeal, the Sixth Appellate District of Texas at Texarkana clarified the case was about negligence, not workers' compensation, as farm employees are generally excluded from the Texas Workers' Compensation Act. The appellate court found the trial court erred in granting a full summary judgment because Holiday's motions did not address all of Pierce's negligence claims (inadequate training and equipment). However, the court affirmed the no-evidence summary judgment solely on the premises liability theory due to a lack of evidence that Holiday had foreknowledge of the dangerous condition. The case was reversed and remanded for further proceedings on the remaining liability theories.

NegligencePremises LiabilitySummary JudgmentWorkers' CompensationAgricultural EmployeesAppellate ReviewTexas LawTort LawFarm Accident
References
13
Case No. MISSING
Regular Panel Decision
Apr 17, 2008

Day Cruises Maritime, L.L.C. v. Christus Spohn Health System

Appellants Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C. appealed summary judgments in favor of Christus Spohn Health System regarding medical expenses for Judy Ann Lanado, a seaman who suffered severe brain damage. Christus sought payment based on a sworn account, a guarantee, and maritime maintenance and cure. The appellate court reversed the summary judgment for Christus's counterclaim, finding an ineffective sworn denial and Christus's lack of standing for the guarantee. It also found a material fact issue regarding the reasonableness of medical charges under maintenance and cure. The court affirmed the denial of equitable subrogation to appellants but remanded for a determination of Christus's potential negligence affecting the medical bill.

Maritime LawSummary JudgmentMaintenance and CureEquitable SubrogationSworn AccountDue ProcessAlien CrewmanMedical ExpensesTexas LawAppellate Procedure
References
52
Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. MISSING
Regular Panel Decision

Yeldell v. Holiday Hills Retirement and Nursing Center, Inc.

Bertha Yeldell, a vocational nurse for non-subscriber employer Holiday Hills Retirement and Nursing Center, Inc., suffered second and third-degree burns after a coffee urn overturned while she was making a personal telephone call at her duty station. The trial court awarded damages to Yeldell, finding her injuries to be in the course and scope of employment. The court of appeals reversed this judgment. The Supreme Court of Texas reversed the court of appeals, affirming the trial court's decision, ruling that personal telephone calls, like other acts for comfort, can be incidental to employment and thus compensable under the Workers’ Compensation Act. Additionally, the Supreme Court upheld the trial court's exclusion of a witness not disclosed during discovery, stating Holiday Hills failed to supplement interrogatory answers as required by Rule 168(7) of the Texas Rules of Civil Procedure.

Workers' CompensationCourse of EmploymentScope of EmploymentPersonal ActTelephone CallDiscovery RulesInterrogatory SanctionsWitness ExclusionTexas Civil ProcedureNon-subscriber Employer
References
4
Case No. 2020-03-0939
Regular Panel Decision
Feb 24, 2021

Day, Misti v. Great Salons of Knoxville, Inc.

Misti G. Day sustained two work-related injuries in 2018 and 2019. Her initial petition for benefits was involuntarily dismissed without prejudice in December 2019 due to failure to prosecute. The employer subsequently ceased voluntary workers' compensation benefits in March 2020. Employee Day filed a second petition for benefits on April 30, 2020, seeking additional medical treatment for her injuries. The trial court determined that the employee's second petition was timely filed and that she was likely to prevail regarding her request for additional medical benefits. The employer appealed this decision, arguing the second petition was untimely. The Appeals Board affirmed the trial court’s determinations and remanded the case.

Timeliness of PetitionInvoluntary DismissalStatute of LimitationsMedical Benefits DisputeWorkers' Compensation Appeals BoardInterlocutory AppealRemandRule 41.02Show Cause HearingWorkers' Compensation Benefits
References
3
Case No. MISSING
Regular Panel Decision

Nears v. Holiday Hospitality Franchising, Inc.

Sharon Nears appealed the entry of summary judgments in favor of Holiday Hospitality Franchising, Inc. (HHFI) and Six Continents Hotels, Inc. Nears had sued for wrongful termination and intentional infliction of emotional distress, alleging her supervisor, Jack Marshall, engaged in abusive behavior while she worked at a Holiday Inn hotel managed by ETEX Hotel Management Co., Inc. Nears contended that HHFI was vicariously liable for Marshall's and ETEX's actions based on theories of actual and apparent authority. The appellate court affirmed the summary judgments, finding Nears failed to present a genuine issue of material fact regarding HHFI's control over Marshall's supervisory interactions with Nears, thus precluding a finding of actual or apparent agency.

Summary Judgment AppealVicarious LiabilityActual AuthorityApparent AuthorityAgency RelationshipFranchisor LiabilityWrongful TerminationIntentional Infliction of Emotional DistressEmployee SupervisionHotel Management
References
28
Case No. MISSING
Regular Panel Decision
Jul 22, 2004

Trinity Universal Insurance Company v. Rebecca L. Day and Texas Workers' Compensation Commission

Trinity Universal Insurance Company appeals a judgment in favor of Rebecca L. Day and the Texas Workers’ Compensation Commission (TWCC). The central issue is the timeliness of Trinity's Request for Review with the TWCC Appeals Panel, which impacts the trial court's jurisdiction. Rebecca Day sustained an injury in 1997 and subsequently applied for supplemental income benefits. A contested hearing in 2002 resulted in a decision that was mailed and placed in Trinity's Austin representative's box on July 24, 2002. Trinity filed its appeal with the TWCC Appeals Panel on August 15, 2002, which was deemed untimely by both the Appeals Panel and the trial court, leading to a finding of no jurisdiction. Trinity argued that under 28 TEX.ADMIN.CODE § 102.5(d), the deemed date of receipt was July 25, 2002, making their appeal timely. The appellate court concurred with Trinity's interpretation of the administrative code, thereby reversing the trial court's decision and remanding the case for further proceedings.

JurisdictionTimeliness of AppealWorkers' CompensationAdministrative CodePlea to JurisdictionDeemed Receipt DateAppellate ReviewStatutory ConstructionRemandInsurance Carrier
References
6
Case No. MISSING
Regular Panel Decision

Local 205, Community and Social Agency Employees'union v. Day Care Council of Ny Inc.

Local 205, Community and Social Agency Employees’ Union petitioned for confirmation and enforcement of an arbitration award against the Day Care Council of New York, Inc. (DCC). The award arose from employee grievances against the now-closed Georgia-Livonia Day Care Center. The Union argued that the award should be interpreted as binding upon DCC, a multi-employer bargaining association, despite not explicitly naming DCC for relief. DCC contended it was not a party to the arbitration agreement in the collective bargaining agreement (CBA) and therefore not obligated to arbitrate disputes involving itself. The court, after reviewing the CBA's language and the parties' past conduct, found no agreement by DCC to arbitrate. It also ruled that DCC's defenses were not time-barred by either the Federal Arbitration Act or New York C.P.L.R. § 7511, as these limitations do not apply to arguments challenging the existence of an arbitration agreement itself. Consequently, the Union's petition for confirmation and enforcement of the award against DCC was denied.

Arbitration AwardCollective Bargaining AgreementGrievance ProcedureMulti-Employer AssociationAgreement to ArbitrateFederal Arbitration ActLabor Management Relations ActConfirmation of AwardEnforcement of AwardSouthern District of New York
References
25
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