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

Case No. 2018-08-1204
Regular Panel Decision
Sep 03, 2019

Hayes, Anthony v. Elmington Property Management

Anthony Hayes, the employee, appealed the trial court's denial of his request for temporary disability benefits following a work-related fall in July 2018. The employer, Elmington Property Management, sought dismissal of the appeal, argued it was frivolous, and requested attorneys' fees. The Workers' Compensation Appeals Board affirmed the trial court's order, finding the employee did not present sufficient evidence for temporary disability benefits and failed to provide a transcript or brief to support his appeal. The Board deemed the appeal frivolous but declined to award attorneys' fees to the employer. The trial court's order was affirmed in all respects, and the case was remanded.

Temporary Disability BenefitsFrivolous AppealAttorneys' FeesWorkers' Compensation Appeals BoardMedical Treatment DenialMaximum Medical ImprovementPermanent Medical ImpairmentInterlocutory AppealTrial Court AffirmationEmployee Pro Se Appeal
References
4
Case No. 03-02-00611-CV
Regular Panel Decision
Jun 05, 2003

Texas Building Owners and Managers Association, Inc. Building Owners and Managers Association International Tanglewood Property Management Company Emissary Group 5599 San Felipe, Ltd. And the Real Access Alliance v. the Public Utility Commission of Texas and the State of Texas

This case concerns the scope of the Public Utility Commission's power to enforce the Building Access Statutes (Texas Utilities Code §§ 54.259-.261). Appellants, consisting of property management organizations and trade groups, sued the Commission, seeking a declaratory judgment that the Statutes are unconstitutional on their face and a permanent injunction. They argued the statutes cause a taking of their property without adequate compensation and that the Commission lacks delegated power to determine compensation. The district court declared the Statutes facially constitutional and denied injunctive relief. The Court of Appeals affirmed the judgment, holding that the legislature constitutionally delegated to the Commission the power to determine 'reasonable' and 'nondiscriminatory' compensation, providing sufficient guidance and an adequate process for obtaining compensation.

Telecommunications regulationPublic Utility CommissionBuilding Access StatutesConstitutional lawTakings clauseDelegation of powerProperty rightsTelecommunications utilitiesCompetitive marketplaceFacial unconstitutionality
References
30
Case No. 14-22-00828-CV
Regular Panel Decision
Jul 09, 2024

BDFI, LLC v. Boxer Property Management Corporation

BDFI, LLC appealed a post-answer default judgment in favor of Boxer Property Management Corporation. BDFI argued that the trial court abused its discretion by denying its motions for continuance and its motion for new trial, and by dismissing the jury panel to conduct a bench trial. The appeals court affirmed the trial court's judgment, finding no abuse of discretion in denying continuances due to insufficient cause and unpreserved arguments. Additionally, BDFI failed to set up a meritorious defense for the motion for new trial, and waived its right to a jury trial by not appearing for trial.

Post-answer default judgmentMotion for continuanceMotion for new trialJury trial waiverBreach of contractTrial court discretionAppellate reviewCivil procedureMeritorious defenseTexas law
References
26
Case No. 14-18-00100-CV
Regular Panel Decision
Jun 13, 2019

Denise Longoria v. CKR Property Management, LLC

This document is a dissenting opinion from the denial of a motion for en banc reconsideration. The case involves an appeal by Denise Longoria regarding the denial of her motion to compel arbitration against CKR Property Management, LLC. The dissent argues that the panel should have affirmed the trial court's ruling which denied Longoria's motion to compel arbitration. The core issue revolves around the duration and survivability of an at-will employment arbitration agreement, specifically whether an agreement made during a first period of employment extends to a subsequent period of employment or constitutes a lifelong obligation. The dissenting justice contends that the agreement's language refers to a singular employment relationship and that, without explicit and definite intent, it does not create new obligations beyond the original at-will employment. Furthermore, the dissent raises concerns about the substantive unconscionability of interpreting the agreement as a lifelong commitment, given that at-will employment was the sole consideration. It also points to procedural anomalies as an additional reason for en banc reconsideration.

Arbitration AgreementAt-Will EmploymentContract InterpretationEmployment LawAppellate ProcedureEn Banc ReconsiderationUnconscionabilityTexas LawFederal Arbitration ActDissenting Opinion
References
34
Case No. 02-22-00336-CV
Regular Panel Decision
Jul 03, 2024

Boxer Property Management Corporation v. Teresa R. Dehnel

Teresa R. Dehnel sued Boxer Property Management Corporation for age and sex discrimination and retaliation after her termination. A jury found retaliation and awarded back pay, noneconomic, and exemplary damages. Both parties appealed. The Court of Appeals affirmed the jury's findings on retaliation and noneconomic damages. However, it reversed the exemplary damages due to a non-unanimous verdict and remanded the attorney's fees for recalculation.

RetaliationEmployment LawDiscriminationWrongful TerminationJury VerdictBack PayExemplary DamagesAttorney FeesAppellate ReviewCausation
References
9
Case No. 14-09-00579-CV
Regular Panel Decision
Sep 03, 2009

in Re Boxer Property Management Corporation and 9343 North Loop, L.P.

Boxer Property Management Corporation and 9343 North Loop, L.P. (Relators) sought a writ of mandamus to vacate a trial court order compelling the deposition of their corporate representative. The Relators contended that the deposition would improperly delve into attorney work product concerning their discovery responses to the Wells plaintiffs. The Fourteenth Court of Appeals found that the approved deposition questions were designed to investigate the methods used by counsel in searching for documents, which constitutes privileged attorney work product. Lacking concrete evidence of discovery abuse, the court determined the trial court abused its discretion. Consequently, the appellate court conditionally granted the writ of mandamus, ordering the trial court to vacate its prior order.

Discovery DisputeAttorney Work ProductPrivilegeMandamusCorporate RepresentativeDepositionTrial Court DiscretionAppellate ReviewAbuse of DiscretionTexas Civil Procedure
References
19
Case No. DC-13-04564-L
Regular Panel Decision
Apr 16, 2015

in Re: Island Hospitality Management, Inc., Post Properties, Inc. and Post Addison Circle Limited Partnership

Plaintiff Jane Doe filed a lawsuit alleging sexual assault and related damages, including mental anguish. Her designated psychologist, Dr. William Flynn, conducted a mental examination. Defendants Island Hospitality Management, Inc., Post Properties, Inc., and Post Addison Circle Limited Partnership sought an independent psychological examination of the plaintiff by their expert, Dr. Lisa Clayton. The district court initially denied this motion, and subsequently denied the defendants' joint motion for reconsideration. This mandamus record documents the appellate review of this discovery dispute.

Sexual AssaultMental AnguishPsychological ExaminationDiscovery DisputeForensic PsychologyPremises LiabilityMandamus PetitionCivil ProcedureExpert WitnessTexas Law
References
59
Case No. 07-10-0486-CV
Regular Panel Decision
Jun 17, 2011

the City of Lubbock, by and Through the Texas Municipal League Intergovernmental Risk Pool, as Subrogee v. Lester Payne, Individually and D/B/A Ponderosa Properties and Jarred Pierson and Diana Venice Pierson

A Lubbock police officer, Jarred Pierson, was injured while on duty and received workers' compensation benefits from the City of Lubbock. The City, acting as subrogee, intervened in Pierson's personal injury lawsuit against Ponderosa Apartments, the property owner where the injury occurred. Pierson subsequently non-suited his claims with prejudice, leading Ponderosa to obtain a dismissal of the City's subrogation claims. The City appealed, contending that its statutory subrogation rights should not be extinguished by the employee's voluntary dismissal. The Court of Appeals agreed, emphasizing that once a subrogee's rights are established by payment, they are not defeated by the subrogor's subsequent actions if the tortfeasor knew of the subrogee's claim. The court reversed the trial court's dismissal order and remanded the case for further proceedings.

Workers' CompensationSubrogation ClaimDismissal of ClaimsNon-suit with PrejudiceAppellate ReviewInsurance Carrier RightsThird-Party LiabilityReal Party in InterestSettlement ImpactRemand for Proceedings
References
21
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. 03-03-00501-CV
Regular Panel Decision
Jun 24, 2004

William Paul Serur v. Churchill Forge Properties A/K/A C F Management-Texas Churchill Forge, Inc. Churchill Forge Management, Inc. Churchill Forge Oak Springs Apts., Inc.

William Paul Serur sued his former employer, Churchill Forge, for retaliatory discharge after filing a workers' compensation claim and taking FMLA leave, along with a breach-of-contract claim concerning his 401(k) funds. The district court granted summary judgment for Churchill Forge on all claims. Serur appealed, challenging the summary judgment and evidentiary rulings. The Court of Appeals affirmed the district court's decision, finding Serur failed to establish a causal link for his retaliatory discharge claims and that the 401(k) funds were properly disbursed. The court also overruled Serur's objections to the summary-judgment evidence.

Workers' CompensationFMLARetaliatory DischargeSummary JudgmentBreach of Contract401(k) BenefitsEmployment LawAppellate CourtToxic Mold ExposureTravis County Court
References
21
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