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

Case No. 03-14-00552-CV
Regular Panel Decision
Mar 06, 2015

Raghunath Dass, P.E. v. Texas Board of Professional Engineers

Appellant Raghunath Dass, PE, appeals sanctions imposed by the Texas Board of Professional Engineers (TBPE) for alleged violations of the Texas Engineering Practices Act. Dass asserts the TBPE lacked jurisdiction over the case facts and authority to amend its final order while under judicial review. He argues that the TBPE's amended final order is void because the agency modified a decision during judicial review. Additionally, Dass contends the TBPE lacks subject-matter jurisdiction to regulate construction material testing (CMT), which he argues is not "professional engineering." He also challenges the TBPE's authority to restrict competitive bidding for CMT and asserts that the 2005/2009 CME Policy Advisory Opinion, relied upon by the Board, is an invalid and unenforceable standard not promulgated under the Administrative Procedure Act. Finally, Dass argues that even if the testing was Construction Materials Engineering (CME), Naismith Engineering, not Dass, was the supervising engineer for the project.

Engineering RegulationProfessional ConductLicensing SanctionsAdministrative OverreachStatutory InterpretationPublic Works ProjectsRegulatory ComplianceJudicial OversightAgency Rules ValidityProfessional Responsibility
References
16
Case No. 13-01-00119-CV
Regular Panel Decision
Jun 06, 2002

McAllen Police Officer's Union and the City of McAllen, Texas v. Ricardo Tamez, Individually and as President of the McAllen Professional Law Enforcement Association, and McAllen Professional Law Enforcement Association

The City of McAllen and the McAllen Police Officers Union (appellants) appealed a district court order compelling an election to determine the exclusive bargaining agent for the city's police officers. The Thirteenth District Court of Appeals in Texas reversed the trial court's decision. The appellate court held that selection by petition is a proper method for designating a bargaining agent and found no evidence of coercion in the petition's circulation. It further concluded that the appellees, Ricardo Tamez and the McAllen Professional Law Enforcement Association, failed to provide 'substantial support' to warrant an election, thus denying their requests for a declaratory judgment and a writ of mandamus.

Collective BargainingPolice UnionLabor LawElectionPetitionSupervisor InfluenceMajority RepresentationTexas Local Government CodeNational Labor Relations ActAppellate Review
References
26
Case No. MISSING
Regular Panel Decision

Standard Fire Insurance Co. v. Stigger

This worker's compensation case concerns an appeal by Standard Fire, the carrier, against a judgment rendered in favor of Stigger, the claimant, by a county court at law of Dallas County. The Industrial Accident Board initially awarded Stigger $2,377.62, but after a jury trial initiated by Standard Fire to set aside the award, the court rendered a judgment for Stigger in the amount of $34,692.21. Standard Fire appealed, arguing that the trial court exceeded its jurisdictional limits and erred in not reducing the judgment to conform to Stigger's pleadings. The appellate court affirmed the trial court's decision, holding that once jurisdiction is lawfully acquired, subsequent events do not defeat it, and a court can grant complete relief even if the judgment exceeds the initial jurisdictional limits, especially in worker's compensation cases.

Worker's CompensationJurisdiction LimitsCounty Court at LawAmount in ControversyAppellate ReviewTexas Civil StatutesJudicial EconomyPleading ConformityDisability BenefitsIndustrial Accident Board
References
10
Case No. 2019-02-0551
Regular Panel Decision
Apr 12, 2021

Maples, David ( McClain, Codi) v. Professional Personnel Services

This case involves Codi McClain, son of deceased employee David Maples, seeking death benefits from Professional Personnel Services and American Zurich. Mr. Maples died on December 16, 2017, after a work-related fall. Although funeral expenses were voluntarily paid by Professional Personnel, the claim for death benefits was later denied by American Zurich. McClain filed a Petition for Benefit Determination on November 18, 2019, almost two years after Mr. Maples's death. Professional Personnel Services filed a Motion for Summary Judgment, arguing that McClain failed to file within the one-year statute of limitations. The Court determined that McClain's reason for the late filing (difficulty hiring an attorney) was insufficient to toll the statute. Consequently, the Court granted the motion for summary judgment, dismissing McClain's claim with prejudice.

Summary JudgmentStatute of LimitationsDeath BenefitsTimeliness of FilingWorkers' Compensation ClaimMotion to DismissLegal ProcedureAppellate RightsCourt of Workers’ Compensation ClaimsPrejudice Dismissal
References
1
Case No. MISSING
Regular Panel Decision

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
Case No. MISSING
Regular Panel Decision

Commercial Standard Insurance Company v. Villa

Lonardo Villa filed a workmen's compensation case against Commercial Standard Insurance Company seeking benefits for total and permanent incapacity resulting from an employment injury. The jury found in favor of Villa, a decision upheld by the trial court, prompting an appeal from the insurance company. Appellant Commercial Standard raised multiple points of error, primarily challenging the method of calculating Villa's wage rate and the finding of permanent disability. The appellate court examined the sufficiency of evidence regarding the wage rate determination under Article 8309 and the medical testimony supporting Villa's permanent incapacity. Concluding that all points raised by the appellant lacked merit, the court affirmed the trial court's judgment.

Workmen's CompensationTotal Permanent IncapacityWage Rate CalculationJury VerdictAppellate ReviewEmployer LiabilityMedical EvidenceProcedural ErrorStatutory InterpretationTexas Law
References
18
Case No. MISSING
Regular Panel Decision

Wilk v. Standard Fire Insurance Co.

This case concerns an appeal by Wilk & Flint, attorneys representing beneficiaries in a workers' compensation death benefits claim, against The Standard Fire Insurance Company. Wilk & Flint challenged the trial court's award of attorney's fees in periodic payments, arguing that Texas Workers' Compensation statute, article 8306, section 8(d), mandates a lump sum payment when the insurance company disputes liability. The Standard Fire Insurance Company had initially disputed liability, leading to the lawsuit, before seeking to make periodic payments for both benefits and attorney's fees. The appellate court agreed with Wilk & Flint, reversing the portion of the trial court's judgment regarding periodic attorney's fees and remanding for a lump sum determination, while affirming the rest of the judgment.

Workers' CompensationAttorney's FeesLump Sum PaymentPeriodic PaymentsStatutory InterpretationTexas LawAppellate ReviewInsurance LiabilityDeath BenefitsRemand
References
7
Case No. NO. 14-19-00427-CV (Trial Court Cause No. 2018-85465)
Regular Panel Decision
Jul 29, 2021

Houston Professional Firefighters' Association IAFF Local 341, Patrick Marty Lancton, Gabriel Angel Dominguez, Roy Anthony Cormier, Brian Ray Wilcox, and Delance Shaw v. Houston Police Officers' Union City of Houston Mayor Sylvester Turner, Council Members Amy Peck, Tarsha Jackson, Abbie Kamin, Carolyn Evans-Shabazz, Dave Martin, Tiffany D. Thomas. Greg Travis, Karla Cisneros, Robert Gallegos, Edward Pollard, Martha Castex-Tatum, Mike Knox, David Robinson, Michael Kubosh, Letitia Plummer, and Sallie Alcorn Controller Chris Brown And Finance Department Director Tantri Emo

The Houston Professional Fire Fighters Association (HPFFA) and individual firefighters appealed a trial court's judgment that deemed a voter-approved pay-parity amendment, designed to equalize firefighters' and police officers' compensation, preempted by state law. The appellate court examined whether the Fire and Police Employee Relations Act (FPERA) and the Texas Constitution unequivocally intended to preempt local ordinances establishing compensation standards. The court concluded that the FPERA does not express with "unmistakable clarity" an intent to preempt the pay-parity amendment, as a reasonable construction allows both the FPERA's standards and the amendment's minimum compensation standard to coexist. Consequently, the appellate court reversed the trial court's judgment regarding preemption and remanded the case for further proceedings. The court also denied the firefighters' requests for a writ of mandamus as premature and for severance of their counterclaims, finding them interwoven with the main issues.

Public Safety PayFirefighter CompensationPolice CompensationTexas Preemption DoctrineCollective Bargaining RightsMunicipal Charter AmendmentHome Rule AuthorityStatutory InterpretationAppellate ReviewSummary Judgment Reversal
References
30
Case No. M2021-01141-SC-R3-BP
Regular Panel Decision
Jun 06, 2022

Board of Professional Responsibility of the Supreme Court of Tennessee v. Candes Vonniest Prewitt

This case involves an appeal to the Supreme Court of Tennessee concerning attorney Candes Vonniest Prewitt's professional misconduct. A hearing panel found Prewitt violated multiple Rules of Professional Conduct, including failures in expert disclosures, conflicts of interest due to a romantic relationship with her client, and improper withdrawal from representation. The Chancery Court affirmed these findings and the imposed sanctions, which included a thirty-day suspension, additional ethics education, and a practice monitor. The Supreme Court of Tennessee subsequently affirmed the decisions of both the hearing panel and the trial court, upholding the findings of misconduct and the disciplinary actions.

Attorney DisciplineProfessional MisconductConflict of InterestRules of Professional ConductAttorney CompetenceDiligenceWithdrawal from RepresentationExpert DisclosureLegal EthicsSanctions
References
33
Case No. 11-04-00191-CV
Regular Panel Decision
Dec 01, 2005

Fernando Morales v. Martin Resources, Inc., Martin Operating Partnership, L.P., and Select Professional Staffing

Fernando Morales, a temporary employee, sued Martin Resources, Inc., Martin Operating Partnership, L.P., and Select Professional Staffing for negligence after sustaining a hand injury at Martin Resources' Odessa facility. The trial court initially granted summary judgment to the defendants, citing the exclusive remedy provision of the Texas Workers' Compensation Act (TWCA). On appeal, the Eleventh Court of Appeals reviewed whether the defendants had sufficiently proven their workers' compensation insurance coverage, a necessary condition for the exclusive remedy provision to apply. The court found that neither Select Professional Staffing nor Martin Resources, Inc. provided adequate evidence of explicit workers' compensation coverage for themselves. Consequently, the appellate court reversed the trial court's summary judgment and remanded the case for further proceedings, emphasizing the burden of proof for establishing affirmative defenses like the exclusive remedy provision.

Workers' Compensation ActExclusive RemedySummary Judgment ReversalTemporary EmployeesStaff LeasingNegligence ClaimsAppellate Court DecisionInsurance Coverage DisputeEmployer LiabilityTexas Labor Law
References
8
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