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

Case No. 03-03-00580-CV
Regular Panel Decision
Jul 01, 2004

McManus-Wyatt Produce Co., Inc., D/B/A McManus-Wyatt Produce Marketing Co., Inc. v. Texas Department of Agriculture Produce Recovery Fund Board Eddy Carnes Carnes Farms, Inc. And Allen Carnes

McManus-Wyatt Produce Co. appealed a district court order affirming a decision by the Texas Department of Agriculture Produce Recovery Fund Board. The Board had awarded Carnes damages for a breach-of-contract complaint against McManus. McManus argued that the Board's administrative determination violated its state constitutional right to a jury trial for a breach-of-contract claim. The appellate court agreed, finding that the administrative scheme completely abrogated this right, which was established prior to the 1876 Texas Constitution. Consequently, the court held the Board's order unconstitutional as applied to McManus, reversing the district court's final order and vacating the Board's decision.

Jury Trial RightConstitutional ViolationBreach of ContractAdministrative Due ProcessProduce Recovery FundTexas Constitution Article I Section 15Appellate Court ReviewStatutory SchemeAgriculture LawDe Novo Review
References
16
Case No. 04-14-00650-CV
Regular Panel Decision
Oct 07, 2015

Michael A. Cerny and Myra L. Cerny, Individually and as Next Friends of Cameron A. Cerny, a Child v. Marathon Oil Corporation, Marathon Oil EF LLC, and Plains Exploration & Producing Company

The Cernys sued Marathon Oil and Plains Exploration & Producing Company for private nuisance and negligence, alleging that toxic emissions from their oil and gas operations in the Eagle Ford Shale caused health issues and property damage. The trial court granted summary judgment for the defendants, ruling that the Cernys presented no evidence of causation. On appeal, the Fourth Court of Appeals in San Antonio, Texas, affirmed the trial court's judgment. The court determined that the Cernys' claims were toxic torts requiring strict causation standards, including expert testimony to prove general and specific causation and to exclude other plausible causes, which the Cernys failed to provide. The appellate court also upheld the striking of the Cernys' summary judgment evidence.

Toxic TortNuisanceNegligenceSummary JudgmentCausationExpert TestimonyEpidemiological StudiesOil and Gas OperationsEnvironmental ContaminationProperty Damage
References
22
Case No. 2022-07-0138
Regular Panel Decision
Feb 12, 2024

Hepner, Charles v. MC Produce, LLC, d/b/a McCartney Produce

Mr. Charles Hepner, an employee, sought permanent disability benefits for neck and low back injuries sustained in February 2021 while working for MC Produce, LLC. He initially claimed permanent total disability or extraordinary benefits, but the Court denied these claims. The case involved conflicting impairment ratings from three physicians: Dr. Kyle Stephens (orthopedic surgeon, 2%), Dr. Jacob Schwarz (neurosurgeon, 25% for cervical spine), and Dr. James Wiesman (orthopedic surgeon, 3% for lumbar spine). The Court accredited Dr. Schwarz's 25% rating for the cervical spine and Dr. Wiesman's 3% rating for the lumbar spine, totaling a 27% permanent partial disability. Applying multipliers for not returning to work and age, Mr. Hepner was awarded $91,250.39 in benefits. The Court denied the education multiplier and dismissed the claim against the Subsequent Injury Fund. Future medical benefits were granted with Dr. Stephens designated as the treating physician.

Workers' CompensationPermanent Partial DisabilityCervical Spine InjuryLumbar Spine InjuryImpairment RatingMedical Expert TestimonyTennessee LawIncreased BenefitsNeurosurgeon EvaluationOrthopedic Surgeon Evaluation
References
5
Case No. MISSING
Regular Panel Decision
Oct 01, 1975

Abeyta v. Travelers Insurance Co.

In this workers' compensation case, the plaintiff challenged the jury's findings that his injury was not the producing cause of any total or partial incapacity. He also contended that the trial court erred by admitting evidence of unemployment compensation benefits. The plaintiff sustained an injury on June 28, 1974, while working for W. D. Turner Construction Company, but medical examinations showed no objective findings of injury and he returned to work. The court affirmed the trial court's judgment, finding that the jury's decision was supported by ample evidence and that any error in admitting evidence of unemployment benefits was harmless.

Workers' CompensationSufficiency of EvidenceJury FindingsProducing CauseIncapacityUnemployment BenefitsAdmissibility of EvidenceHarmless ErrorMedical EvidenceEmployment History
References
5
Case No. MISSING
Regular Panel Decision

Claim of Macareno v. Son Yeng Produce, Inc.

A claimant sustained injuries while working as a delivery person for Son Yeng Produce, Inc., subsequently filing a workers' compensation claim. After several hearings, a Workers' Compensation Law Judge (WCLJ) established the case for accident, notice, and causal relationship, awarding the claimant a 10% schedule loss of use of the left foot and confirming the employment relationship. Son Yeng Produce, Inc. sought a rehearing from the Workers' Compensation Board, arguing lack of notice for a crucial hearing and disputing the employment relationship. The Board denied this application, noting that Son Yeng had proper notification and prior opportunities to contest the employment. The appellate court affirmed the Board's decision, finding no arbitrary, capricious, or abusive discretion in the denial.

Workers' Compensation LawAppellate ReviewAdministrative ProcedureRehearing ApplicationNotice RequirementEmployment StatusCausal RelationshipSchedule Loss of UseJudicial DiscretionDue Process
References
2
Case No. MISSING
Regular Panel Decision

Double Green Produce, Inc. v. Forum Supermarket Inc.

Plaintiff Double Green Produce, Inc. sued Defendants Forum Supermarket Inc. and Hong Wen Cai for failure to pay for wholesale produce under the Perishable Agricultural Commodities Act (PACA) and other claims. After Defendants defaulted, Plaintiff moved for default judgment. Although initially recommended for denial due to jurisdictional concerns, the Court allowed Plaintiff to submit additional information. Upon review, the Court found Forum to be a PACA 'dealer' and that Plaintiff had preserved its trust rights. The Court determined Defendants' default was willful and that Defendant Cai was personally liable for dissipating trust assets. Consequently, the Court granted Plaintiff's motion for default judgment, awarding $23,080.75 in damages, $5579.82 in prejudgment interest, and $4074.25 in attorneys' fees, totaling $32,734.82.

PACAPerishable Agricultural CommoditiesDefault JudgmentBreach of ContractStatutory TrustFiduciary DutyInterstate CommerceWholesale ProduceDamages AwardPrejudgment Interest
References
49
Case No. NO. 14-05-00624-CV; Trial Court Cause No. 24006*PS03
Regular Panel Decision
Sep 19, 2006

Sheila R. Hicks v. Capt. Elliott's Party Boats, Inc.

Appellant Sheila R. Hicks appealed the trial court's granting of summary judgment in favor of appellee Captain Elliott's Party Boats, Inc. Hicks' negligence claim stemmed from the death of her husband, James Hicks, who suffered a heart attack on the M/V LADY ANNA. She alleged negligence in failing to provide reasonable care, an appropriate response to his condition, and medical treatment. The appellate court affirmed the trial court's decision, finding Hicks failed to produce sufficient evidence on the element of proximate cause for her negligence claim, specifically concerning whether the captain and crew's actions or lack thereof were the cause-in-fact of James's death. The court also upheld the denial of her motion for new trial, as the supplemental affidavit presented was not before the trial court at the time of the summary judgment.

NegligenceSummary JudgmentProximate CauseWrongful Death ActSurvival StatuteDeath on the High Seas ActMaritime LawMedical NegligenceExpert WitnessAffidavits
References
16
Case No. 01-09-00881-CV
Regular Panel Decision
Aug 25, 2011

Continental Casualty Company v. James E. Baker

This workers' compensation case involved an appeal by Continental Casualty Company against James E. Baker regarding the extent of a compensable injury. The core dispute was whether a left knee meniscus tear identified in 2005 was a producing cause of Baker's original 2000 workplace accident. The trial court's jury charge included a definition of 'producing cause' that stated an accident is a producing cause even if it is not a substantial factor, which the appellate court found to be legally incorrect based on a superseding Supreme Court decision (*Crump*). The erroneous instruction was deemed harmful as it related to the sole contested issue of causation. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Workers' CompensationJury Charge ErrorProducing CauseMeniscus TearMedical Expert TestimonyPre-existing ConditionAttorney's FeesAppellate ReviewTexas LawReversible Error
References
19
Case No. MISSING
Regular Panel Decision

McManus-Wyatt Produce Co. v. Texas Department of Agriculture Produce Recovery Fund Board

McManus-Wyatt Produce Co., Inc. (McManus) appealed a district court order that affirmed a decision by the Texas Department of Agriculture Produce Recovery Fund Board. The Board had awarded Eddy Carnes and Carnes Farms, Inc. $138,439.74, with $35,000 from the Produce Recovery Fund and the remainder to be paid by McManus. McManus argued that the Board's determination violated its state constitutional right to a jury trial, as a breach-of-contract suit was also pending in Hidalgo County district court. The appellate court agreed, finding that the administrative scheme completely abrogated McManus's right to a jury trial on a breach-of-contract claim, a right preserved by the Texas Constitution of 1876. Therefore, the court reversed the district court's order and vacated the Board's order, deeming it unconstitutional as applied to McManus.

Jury TrialConstitutional RightBreach of ContractAdministrative LawProduce Recovery FundTexas Agriculture CodeDue ProcessPACAAppellate ReviewVacated Order
References
16
Case No. MISSING
Regular Panel Decision
Oct 25, 2010

Viti v. Guardian Life Insurance Co. of America

Joseph Viti, suffering from post-traumatic stress due to 9/11, sued The Guardian Life Insurance Company of America under ERISA after his disability benefits claim was denied. Guardian denied the claim and Viti failed to appeal within the six-month administrative period. Viti also applied for and received Social Security disability benefits. The court granted Guardian's motion to dismiss the Third and Fourth Causes of Action, which concerned failure to provide documentation, concluding Guardian was not the proper defendant for those claims. The court denied without prejudice both parties' motions regarding the First and Second Causes of Action, which focused on the timeliness of Viti's lawsuit and the applicability of equitable tolling to contractual limitation periods, referring this matter to Magistrate Judge Dolinger for a hearing on equitable tolling.

ERISADisability BenefitsEquitable TollingStatute of LimitationsMental ImpairmentAdministrative RemediesContractual LimitationsSummary JudgmentMotion to DismissFiduciary Duty
References
41
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