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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. 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

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. 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

WW Rodgers and Sons Produce Co. v. Johnson

Relators, W.W. Rodgers and Sons Produce Company and W.W. Rodgers and Sons Trucks, Inc., sought a writ of mandamus against respondent Judge H. Dee Johnson to compel discovery. The discovery concerned witness statements and an addendum/memorandum related to an accident involving a relator's truck and a Dallas police vehicle. The trial court had previously denied the discovery, citing Tex.R.Civ.P. 186a. The appellate court affirmed the denial, concluding that the documents were not discoverable solely for impeachment purposes, as established in Russell v. Young. The court emphasized that the trial court lacked the authority to order such discovery, deeming the trial court's refusal to permit discovery proper.

MandamusDiscoveryImpeachment EvidenceTrial ProcedureAppellate ReviewJudicial DiscretionTexas LawCivil ProcedureWitness StatementsPolice Reports
References
9
Case No. MISSING
Regular Panel Decision

Donovan v. Eastern Milk Producers Cooperative Ass'n

Plaintiff Michael H. Donovan initiated legal action against Eastern Milk Producers Cooperative Association, Inc., Milk Marketing, Inc., and individuals Lewis Gardner and Edwin Schoen, alleging breach of employment contract and age discrimination under both the ADEA and New York Human Rights Law. Donovan contended his termination was age-based, while defendants cited performance issues. The court denied the defendants' motion for summary judgment, identifying genuine issues of material fact regarding both the age discrimination claim and the breach of contract. Additionally, the court granted in part and denied in part Donovan's cross-motion for summary judgment on various affirmative defenses, affirming individual liability under New York Human Rights Law but dismissing it under the ADEA.

Age DiscriminationEmployment ContractSummary Judgment MotionNew York Human Rights LawADEAIndividual LiabilityBoard DecisionBreach of ContractMcDonnell Douglas FrameworkPretext
References
25
Case No. 09-17-00364-CV
Regular Panel Decision
Nov 16, 2017

in Re Texas Alliance of Energy Producers – Workers' Compensation Self-Insured Group Trust

Texas Alliance of Energy Producers – Workers’ Compensation Self-Insured Group Trust (Texas Alliance) sought mandamus relief after a trial court denied its plea to the jurisdiction. Texas Alliance contended that John Bennett's claims fell within the exclusive jurisdiction of the Division of Workers’ Compensation. Bennett had filed a new suit alleging negligence, intentional infliction of emotional distress, and fraud against Texas Alliance regarding his workers' compensation claim. The Court of Appeals concluded that all of Bennett's claims arose from the workers' compensation claims-handling process, which is exclusively governed by the Workers’ Compensation Act. Therefore, the trial court abused its discretion by denying the plea to the jurisdiction, and the mandamus relief was conditionally granted, directing the trial court to dismiss Bennett's lawsuit.

MandamusPlea to JurisdictionExclusive JurisdictionWorkers' Compensation ActClaims Handling ProcessAbuse of DiscretionTexas Court of AppealsSelf-Insured Group TrustJudicial ReviewAdministrative Remedies
References
1
Case No. 13-00-634-CV
Regular Panel Decision
Dec 19, 2002

Mobil Producing Texas & New Mexico, Inc. v. Robert Cantor, Eddie Cantor, and Royce A. Scott

Mobil Producing Texas & New Mexico, Inc. appealed a summary judgment order concerning an oil and gas dispute in Gonzales County. Mobil had sued Robert Cantor, Eddie Cantor, and Royce A. Scott to recover overpaid revenues after the appellees opted out of well reworking operations. The trial court limited Mobil's damages to a two-year statute of limitations based on unjust enrichment, rejecting Mobil's arguments for a four-year contract limitations period, prejudgment interest, and attorney's fees. The Thirteenth District Court of Appeals affirmed the trial court's decision, finding no error in applying the two-year limitation for unjust enrichment, as no breach of contract was established against the appellees.

Oil and Gas LawUnjust EnrichmentBreach of ContractSummary JudgmentStatute of LimitationsPrejudgment InterestAttorneys' FeesCourt CostsAppellate ReviewTexas Law
References
25
Case No. 09-16-00437-CV
Regular Panel Decision
May 17, 2018

Texas Alliance of Energy Producers - Workers Compensation Self-Insured Group Trust v. John Bennett

This case involves an appeal concerning a workers' compensation claim filed by John Bennett against Texas Alliance of Energy Producers – Workers’ Compensation Self-Insured Group Trust. Bennett suffered a work-related injury and received a summary judgment in his favor in April 2016 for supplemental income benefits. Later, in October 2016, the trial court issued another order substantially increasing Bennett's awards. Texas Alliance appealed the October order, arguing the trial court lacked plenary jurisdiction. The Court of Appeals agreed, concluding that the trial court's plenary power had expired before signing the October order, rendering it void as the changes were judicial rather than clerical. As Texas Alliance failed to timely appeal the final April 2016 order, the Court of Appeals vacated the October 2016 order and dismissed Texas Alliance's appeal.

Workers' CompensationPlenary JurisdictionSummary JudgmentFinal OrderVoid OrderAppellate ProcedureClerical ErrorJudicial ErrorTimely AppealJurisdiction
References
21
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