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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

Claim of Coratti v. Jon Josef Hair & Colour Group

The Workers' Compensation Board denied a claimant's motion to preclude a workers’ compensation carrier’s consultant report, which was based solely on a review of medical records, not an independent medical examination (IME). The claimant argued non-compliance with Workers’ Compensation Law § 137 (1) (b), a provision requiring notice if an IME is performed. The Board concluded the statute does not apply to records-review-only reports. An appellate court affirmed, holding that the plain language of § 137 (1) (b) explicitly refers to practitioners who have performed or will perform an IME, thereby excluding those who solely review records. The court emphasized that statutory interpretation must adhere to plain language, leaving policy arguments to the Legislature.

IME reportsrecords reviewWorkers' Compensation Lawstatutory interpretationpreclusion motioncausationoccupational illnessdue processlegislative intent
References
3
Case No. 03-02-00089-CV
Regular Panel Decision
Mar 27, 2003

Envoy Medical Systems, L.L.C. and Independent Review Incorporated v. State of Texas Greg Abbott, Attorney General of Texas And Jose Montemayor, Insurance Commissioner of Texas

Appellants Envoy Medical Systems, L.L.C. and Independent Review Incorporated appealed a trial court's judgment concerning the disclosure of certain records under the Public Information Act. The case originated from a request for information made to the Texas Department of Insurance related to appellants' applications for certification as Independent Review Organizations (IROs). The Attorney General had previously ruled that the requested information, including reviewer lists, contracts, and compensation, could not be withheld. Appellants argued that the information was 'confidential by law' and also excepted from disclosure under the commercial or financial information clause of the PIA. The appellate court reviewed for abuse of discretion and affirmed the trial court's judgment, concluding that appellants failed to meet their burden to prove an exception to disclosure applied.

Public Information ActDisclosure of RecordsIndependent Review OrganizationsConfidentialityCommercial InformationFinancial InformationAbuse of DiscretionAppellate ReviewInjunctive ReliefAdministrative Law
References
12
Case No. 03-01-00400-CV
Regular Panel Decision
Apr 11, 2002

Richard Wallace Pearce and Jesse Ray Blann v. City of Round Rock Round Rock Development Review Board Frank Del Castillo, in His Capacity as Member of the Round Rock Development Review Board Terry Hagood, in His Capacity as Member of the Round Rock Development Review Board

Appellants Richard Wallace Pearce and Jesse Ray Blann appealed the district court's judgment affirming the Round Rock Development Review Board's denial of their permit applications for seven outdoor advertising structures. The core issue was whether the structures qualified as 'signs' and were entitled to non-conforming use status under the City's ordinance, which became effective February 27, 1997. The Court of Appeals held that four of the structures were 'signs' due to having a surface capable of displaying text, despite not yet having advertising affixed, and were therefore entitled to non-conforming use. The court reversed and remanded the Board's decisions regarding these four structures. However, it affirmed the district court's judgment for the remaining three structures, which lacked such a surface, and also upheld the constitutionality of the City's sign ordinance against a takings claim.

ZoningOutdoor AdvertisingNon-conforming UsePermit DenialExtraterritorial JurisdictionAbuse of DiscretionStatutory InterpretationMunicipal OrdinanceTexas Court of AppealsProperty Rights
References
30
Case No. WR No. 20,644
Regular Panel Decision
Feb 25, 2015

Larson, Paul Allen

Paul Larson, acting pro se, filed a Petition for Writ of Error/Bill of Review with the Texas Court of Criminal Appeals. Larson alleges errors appearing on the face of the record and extrinsic fraud committed by the State in connection with prior Cause Numbers 449008-C, 449008-D, 465007-C, and 465007-D. He specifically claims the State mislabeled a June 12, 2014, answer as 'Original' and intentionally delayed its delivery. Larson seeks a full review of the Habeas Record, an order for the Harris County District Clerk's Office to provide complete files, and for the Court to grant his Bill of Review and the relief originally sought in his Applications for Writ of Habeas Corpus and/or Writ of Mandamus.

Writ of ErrorBill of ReviewHabeas CorpusMandamusFraudError on RecordExtrinsic FraudTexas Court of Criminal AppealsPro SeSupervised Release
References
2
Case No. 2015-02-0024
Regular Panel Decision
Jul 27, 2015

James, Bobby v. Landair Transport, Inc.

Bobby James, the Employee, filed a Request for Expedited Hearing seeking medical and temporary disability benefits from Landair Transport, Inc., the Employer, and Starnet Ins. Co./Key Risk, the Insurance Carrier. Mr. James alleged an injury on August 20, 2014, from an automobile accident during employment. The Court, presided over by Judge Brian K. Addington, reviewed the record and evidence. It found that Mr. James did not present sufficient evidence to prove a physical injury at work or that his alleged mental injury was related to the MVA, citing a history of pre-existing conditions and inconsistent accounts of the incident. Consequently, the Court denied Mr. James' claim for requested medical and temporary disability benefits.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Disability BenefitsAutomobile AccidentHead TraumaMental InjuryPre-existing ConditionCausationEmployment Scope
References
1
Case No. 2020-01-0376
Regular Panel Decision
Mar 02, 2023

Melton, Jeannette v. Amazon.com Services, LLC

Ms. Melton, an employee, sought an order for a panel of physicians in New Orleans, Louisiana, after relocating, following a work-related head injury on June 3, 2020. The employer, Amazon.com Services, LLC, denied the panel, citing a records review and issues with providing a neurologist in the requested locale. Judge Audrey Headrick found the treating physician's opinion more persuasive than the defense's record review, ruling that Ms. Melton is entitled to additional medical benefits and a panel of neurologists in her new community. The Court ordered Amazon to provide the panel by March 31, 2023. Additionally, the case was referred to the Compliance Program for consideration of penalty assessments against Amazon for its failure to provide a compliant panel and continue medical benefits.

Workers' CompensationConcussionTraumatic Brain InjuryPanel of PhysiciansMedical TreatmentOut-of-State RelocationNeurologist ReferralEmployer ObligationUtilization ReviewPenalty Assessment
References
1
Case No. 2015-03-0197
Regular Panel Decision
Dec 04, 2015

Gumm, Sara v. Buffalo Wild Wings

Ms. Sara M. Gumm, an employee, sought medical and temporary disability benefits for a left knee injury allegedly sustained at Buffalo Wild Wings. The employer, represented by Sedgwick Claims Management Services, disputed the claim, citing delayed injury reporting and lack of medical causation. The Court of Workers' Compensation Claims, after reviewing the submitted records, found no merit in the employer's delay allegations. Based on the medical opinion of Dr. Brandon S. Asbury, who deemed the injury new and work-related, the Court concluded that Ms. Gumm was likely to prevail. Consequently, the Court granted the employee's request for medical benefits and temporary disability benefits for the period from May 29, 2015, to July 7, 2015, at a weekly rate of $127.20.

Workers' CompensationKnee InjuryTemporary Disability BenefitsMedical BenefitsExpedited HearingCausationEmployment InjuryNotice of InjuryRecord ReviewTennessee Law
References
5
Case No. MISSING
Regular Panel Decision

Matter of Tartakoff v. New York State Education Department

This CPLR article 78 proceeding reviewed a determination by the Board of Regents to suspend a licensed clinical social worker's license for two years due to professional misconduct. The petitioner was accused of negligence, incompetence, and unprofessional conduct, specifically for socializing with clients and failing to maintain accurate records between October 2004 and June 2008. The Hearing Panel and Regents Review Committee found the petitioner guilty, leading to a modified penalty of a five-year suspension, with part stayed, and five years of probation. The petitioner challenged the determination, arguing improper admission of client records due to social worker privilege and unfair hearing due to counsel disqualification. The court upheld the determination, finding no violation of privilege and affirming the disqualification of counsel due to a conflict of interest. The court concluded that substantial evidence supported the Board's findings and the penalty was not disproportionate.

Professional MisconductSocial Worker LicenseLicense SuspensionCPLR Article 78Board of RegentsNew York State Education DepartmentClient ConfidentialityConflict of InterestAttorney DisqualificationSubstantial Evidence Review
References
9
Case No. NO. 02-11-00285-CV
Regular Panel Decision
May 24, 2012

Gregory Earl Reed D/B/A Hit City Records & Tapes v. County of Tarrant, Tarrant County Hospital District, Tarrant County Community College District, City of Forest Hill, and Fort Worth Independent School District

Appellant Gregory Earl Reed d/b/a Hit City Records & Tapes appealed the trial court’s denial of his equitable bill of review. The bill challenged a default judgment for delinquent property taxes, tax lien foreclosure, and a tax-foreclosure sale obtained by Appellees. Reed contended that he and Ronald Reed, the registered agent, were not properly served, and even if served, it was ineffective as Ronald was no longer a partner. The Court of Appeals affirmed the trial court's decision, concluding that service upon Ronald was effective because the filed deed showed him as a partner, and there was no indication to Appellees that their notice had failed, thus no due process violation.

Equitable Bill of ReviewDefault JudgmentDelinquent Property TaxesTax Lien ForeclosureTax Foreclosure SaleService of ProcessDue ProcessPartnership LawAd Valorem TaxesSufficiency of Evidence
References
22
Case No. 23-0273, 23-0950
Regular Panel Decision
Feb 07, 2025

Accident Fund Insurance Company of America and Texas Cotton Ginners' Trust v. Texas Department of Insurance, Division of Workers' Compensation

Justice Young, joined by Justice Sullivan, concurs in the denial of two petitions for review, acknowledging their significant statutory-interpretation questions and implications for the role of administrative agencies versus courts. The first petition (No. 23-0273) was a facial challenge by Accident Fund Insurance Company and Texas Cotton Ginners’ Trust against the Texas Department of Insurance regarding a rule on supplemental income benefits. The court found this challenge unsuitable as it presented no concrete example of the rule directly contravening the statute. The second petition (No. 23-0950) by Accident Fund General Insurance Company challenged lifetime income benefits awarded to Rodrigo Mendiola for severe burn injuries and loss of hand function. Accident Fund argued the lower courts used an outdated judicial standard instead of current statutory law. However, the court denied review because Mendiola's injuries qualified for benefits under both standards, rendering the choice between them non-outcome-determinative. Justice Young emphasized that this denial does not reflect a settled view on these issues, which may warrant review in future, more suitable cases with clearer records.

Workers' CompensationStatutory InterpretationAdministrative LawJudicial ReviewPetition for ReviewSupplemental Income BenefitsLifetime Income BenefitsFacial ChallengeWorkers' Compensation ProgramSupreme Court of Texas
References
12
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