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

Case No. MISSING
Regular Panel Decision

What Happened in Felix vs. Weber Metals Reconsideration?

This case involves an appeal and mandamus proceeding filed by Rapid Settlements, Ltd. and Rapid Management Corporation (Rapid) against SSC Settlements, L.L.C. and Stone Street Capital, Inc. (SSC). Rapid challenged a final summary judgment related to the transfer of structured settlement payments from William Prante. Rapid sought to stay litigation pending arbitration, arguing the dispute with SSC fell under an arbitration clause in their agreement with Prante, which also included a right of first refusal and a security interest. The appellate court denied the mandamus petition, vacated the trial court's denial of Rapid's motion to stay, and reversed parts of the summary judgment concerning Rapid's security interest and right of first refusal. The court affirmed the trial court's award of attorney's fees to SSC and its injunction preventing Rapid from compelling SSC to arbitrate.

Arbitration AgreementMandamus ProceedingSummary JudgmentDeclaratory JudgmentStructured SettlementRight of First RefusalSecurity InterestEquitable EstoppelDirect Benefits EstoppelContract Law
References
42
Case No. 09-02-018 CV
Regular Panel Decision
Apr 17, 2003

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

Motel Enterprises, Inc. sued U.S. Restaurant Properties Operating L.P. and U.S. Restaurant Properties, Inc. for breach of a put option in a purchase and sale agreement. Motel exercised its right to have USRP purchase a $500,000 promissory note, but USRP refused, claiming the note's maker, Bar S Restaurants, Inc., was in material default on a lease. A jury found no material default and awarded Motel $550,000. On appeal, USRP challenged the sufficiency of evidence, damages, jury instructions, evidentiary rulings, and prejudgment interest. The appellate court affirmed the liability and damages findings, but reversed and remanded for recalculation of prejudgment interest, also modifying the judgment to require Motel to transfer the note to USRP.

Breach of ContractPut OptionPromissory NoteLease AgreementMaterial DefaultSufficiency of EvidenceDamages CalculationJury InstructionsEvidentiary RulingsPrejudgment Interest
References
20
Case No. 11-22-00085-CV
Regular Panel Decision
Aug 24, 2023

What Did the WCAB Decide in Cuadra vs. Community Home Care?

This is an appeal from a final decree of divorce where Appellant, George Francis Sheehan, Jr., contended the trial court erred by characterizing proceeds from an underinsured-motorist-claim settlement as community property. George was involved in a motor vehicle accident in 2014 and received a UIM settlement of $1,250,000 in 2019, with a net amount of $710,724.25 deposited into a joint checking account with Pamela Sheehan before their final separation. George argued the funds were his separate property based on a second settlement agreement executed after the funds were received and disbursed, which allocated proceeds to personal injury damages. The Eleventh Court of Appeals, however, found the first settlement agreement, executed contemporaneously with the mediation, did not allocate specific damages and that the later agreement did not alter the marital property characterization. The court concluded that George failed to meet his burden to prove by clear and convincing evidence which portion of the settlement proceeds was his separate property, as the first settlement released both community and separate property claims. Therefore, the appellate court affirmed the trial court's judgment.

divorcecommunity propertyseparate propertyunderinsured motorist claimsettlement proceedsmarital propertyabuse of discretionclear and convincing evidencepersonal injury damagesTexas Family Code
References
20
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

The debtor, Trennis Earl Willis, filed for Chapter 7 bankruptcy. An asset in his estate is a personal injury claim, for which he had a contingency fee contract with attorney Frank L. Supercinski. Supercinski sought approval for his fees ($20,000 plus expenses) from a $50,000 settlement of the personal injury claim and approval of a disbursement scheme. Both the Debtor and the Chapter 7 Trustee objected, arguing the contingency fee contract was executory and rejected by the estate. The Court, presided over by Judge Donald R. Sharp, found the contingency fee agreement to be executory and deemed rejected as not assumed by the Trustee. However, applying the common fund doctrine, the Court acknowledged Supercinski's entitlement to fees from the settlement proceeds with priority. Despite this, all of Supercinski's motions (for fees, settlement approval, and relief from stay) were denied due to procedural flaws, such as the settlement not being finalized or approved, and the lack of a settlement agreement copy. The Court clarified that the settlement check is property of the Debtor's estate and must be administered under bankruptcy rules, instructing Supercinski to file a proper application once the settlement is finalized and approved.

Chapter 7 BankruptcyContingency Fee AgreementAttorney's FeesExecutory ContractAutomatic Stay ReliefCommon Fund DoctrineQuantum MeruitTexas LawPersonal Injury SettlementBankruptcy Estate
References
29
Case No. 09-05-231 CV
Regular Panel Decision
May 25, 2006

Can a WCJ Be Disqualified for Appearance of Bias?

Joseph Richards filed a petition for declaratory relief against American National Property and Casualty Company and others, seeking a determination on whether defendants violated a settlement release agreement by including Christus St. Elizabeth Hospital as a payee on a settlement check for medical expenses. Richards contended the hospital's lien was not filed before payment was issued, thus invalidating its claim. The trial court granted summary judgment for the defendants. The Court of Appeals of Texas, Beaumont, affirmed the trial court's decision, interpreting the Texas Hospital Lien Law to mean that the lien was properly secured and ANPAC acted reasonably. The court also found no abuse of discretion in the denial of Richards' motions for continuance and new trial.

Hospital Lien LawSummary JudgmentDeclaratory ReliefTexas Property CodeAutomobile AccidentSettlement AgreementMotion for ContinuanceMotion for New TrialAbuse of DiscretionStatutory Interpretation
References
23
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

George Remy, Jr. (Remy), an injured worker, entered into a worker’s compensation compromise settlement agreement with Texas Employers’ Insurance Association (TEIA). The agreement was based on representations made by orthopedic surgeon Dr. Robert Pace, Jr., who was later found to be an agent of TEIA. Remy's condition deteriorated rapidly after the settlement, and it was discovered that Dr. Pace had misdiagnosed his severe spinal cord injury, which led to quadriplegia. Remy sought to set aside the settlement, and a jury found in his favor, but the trial court disregarded the jury's finding that Dr. Pace was TEIA's agent. The appellate court reversed the trial court's decision regarding agency, affirming the judgment for rescission based on constructive fraud.

Constructive FraudMutual MistakeWorker's Compensation SettlementRescissionAgency RelationshipMedical MisdiagnosisSpinal Cord InjuryQuadriplegiaAppellate ReviewJury Findings
References
9
Case No. MISSING
Regular Panel Decision
Mar 19, 2002

Why Was Removal Denied in Rush vs. California Correctional Institution?

The case involves an appeal by a claimant from two Workers' Compensation Board decisions concerning a waiver agreement. The decedent, Beverly Lutz, her employer, and carrier had a proposed settlement agreement that was filed but not yet approved when she died. The Board, through Commissioner Tremiti, refused to honor the agreement after the carrier and Special Funds withdrew their consent. Although an approval notice was mistakenly issued, the Board later corrected it, ruling the agreement was never approved. The appellate court affirmed the Board's decision, holding that the Board had continuing jurisdiction to correct its error and that the withdrawal of consent by the carrier and Special Funds justified the disapproval of the agreement.

Workers' CompensationSettlement AgreementWaiver AgreementDeath BenefitsBoard ReviewJurisdictionConsent WithdrawalStatutory InterpretationRegulation ValidityAppellate Review
References
11
Case No. ADJ505656 (OAK 0287878)
Regular
Mar 13, 2009

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order imposing $2,500 in sanctions against Travelers Property Casualty Company. The Board found that Travelers' insistence on including hold-harmless language in a settlement agreement, even after the judge indicated it would not be approved, did not constitute bad faith. The WCJ overstepped his authority by attempting to dictate settlement terms before an agreement was finalized.

Workers' Compensation Appeals BoardRemovalReconsiderationSanctionsLabor Code section 5813Compromise and Release AgreementBad Faith ConductMedicare Set-AsideHold-Harmless LanguageWCJ
References
0
Case No. 14-18-00100-CV
Regular Panel Decision
Jun 13, 2019

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

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. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

This case involves the National Association of Settlement Purchasers (NASP) seeking a permanent injunction against Rapid Settlements, Ltd., a factoring company. NASP alleged that Rapid Settlements improperly uses arbitration and enforces rights of first refusal and security interests in structured settlement payment rights without state-court approval, thereby circumventing state Structured Settlement Protection Acts (SSPAs). The court found that Rapid Settlements' practices illegally circumvent the SSPAs, cloud title to annuitants' payment rights, raise transaction costs for NASP members, and place them at a competitive disadvantage. The court rejected Rapid Settlements' defenses, including preemption by the Federal Arbitration Act and an 'unclean hands' argument against NASP. The court granted NASP's application, permanently enjoining Rapid Settlements from using arbitration or enforcing unapproved rights of first refusal and security interests to effectuate transfers of structured settlement payment rights.

Structured SettlementsFactoring CompaniesAnnuity PaymentsArbitrationInjunctionState LawFederal LawStructured Settlement Protection ActsRights of First RefusalSecurity Interests
References
33
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