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

Case No. No. 05-20-00835-CV
Regular Panel Decision
Feb 18, 2022

G Force Framing LLC, Kerry Graves, Kerry Graves on Behalf of G Force Framing LLC, and Kerry Graves D/B/A G Force Framing v. MacSouth Forest Products, L.L.C. v. Stoneleigh Construction Company, LLC, SC Switchyard, LLC, XL Specially Insurance Company and Travelers Surely and Casually Company

G Force Framing LLC (G Force) and Kerry Graves appealed the trial court's final judgment from Dallas County, Texas, which had dismissed G Force's claims and discharged its mechanic's liens. The trial court ruled based on G Force's prior tax forfeiture and alleged lack of capacity to sue. The Court of Appeals reversed, holding that G Force was not a 'terminated entity' under the Texas Business Organizations Code because its tax forfeiture was eventually set aside, thus allowing it to pursue its claims. The appellate court also found the indemnity bonds filed by Stoneleigh Construction Company, LLC were insufficient to discharge the mechanic's liens. However, the court affirmed the dismissal of Graves's individual claims as they belonged solely to the corporation.

Tax ForfeitureCorporate ReinstatementCapacity to SueSummary JudgmentRule 91a Motion to DismissMechanic's LiensIndemnity BondsStatutory InterpretationTexas Business Organizations CodeTexas Tax Code
References
61
Case No. MISSING
Regular Panel Decision
Aug 27, 2003

Davis Mountains Trans-Pecos Heritage Ass'n v. United States Air Force

Plaintiffs, including the Davis Mountains Trans-Pecos Heritage Association and individual landowners, challenged the United States Air Force's Realistic Bomber Training Initiative (RBTI) under the National Environmental Policy Act (NEPA) and the Noise Control Act (NCA). They alleged failures in adequately considering environmental impacts, evaluating alternatives, responding to public comments, and implementing mitigation measures. The Court denied Plaintiffs' motion for summary judgment and granted Defendants' cross-motion for summary judgment, concluding that the Air Force had taken a 'hard look' at environmental consequences, sufficiently addressed public concerns, and complied with NEPA's procedural requirements regarding alternatives, mitigation, and FAA involvement. The Court found the agency's decisions were not arbitrary, capricious, or an abuse of discretion.

Environmental LawNEPANoise Control ActSummary JudgmentAdministrative Procedure ActJudicial ReviewAir Force TrainingEnvironmental Impact StatementRecord of DecisionAirspace Management
References
73
Case No. MISSING
Regular Panel Decision

Nicholls v. Philips Semiconductor Manufacturing

George Nicholls (Plaintiff), a 59-year-old engineer, sued Philips Semiconductor Manufacturing (PSM), Philips Electronics North America (PENA), and NXP Semiconductors (NXP) (Defendants) for age discrimination under the Age Discrimination in Employment Act (ADEA). Nicholls alleged he was constructively discharged through unfairly negative performance evaluations, changed job responsibilities, a "bottom" ranking, and unreasonable deadlines, forcing him to accept a Voluntary Reduction in Force (VRIF). The Defendants moved for summary judgment, arguing their actions were based on legitimate, nondiscriminatory business reasons, including the need for a reduction in force due to overstaffing and financial targets. The Court found that Nicholls failed to establish a prima facie case of constructive discharge, noting that dissatisfaction with assignments or unfair criticism does not constitute constructive discharge. Furthermore, the Court dismissed Nicholls' statistical evidence of age discrimination as flawed and insufficient, ultimately granting the Defendants' motion for summary judgment.

Age DiscriminationEmployment DiscriminationADEASummary JudgmentConstructive DischargeReduction in ForcePerformance EvaluationStatistical ProofPretextMcDonnell Douglas Framework
References
41
Case No. MISSING
Regular Panel Decision
Dec 15, 2009

Williamson v. American National Insurance Company

Plaintiff Jeffrey Alan Williamson sued Defendant American National Insurance Company (ANICO) alleging employment discrimination based on disability and retaliation under state and federal laws, including the Americans with Disabilities Act (ADA) and the Texas Commission on Human Rights Act (TCHRA), alongside common law claims of negligence and intentional infliction of emotional distress (IIED). Williamson, a Programmer Analyst, contended that ANICO discriminated against him after he suffered a stroke and recurring seizures by forcing a transfer, assigning him responsibilities as a floor captain despite his condition, mishandling a seizure incident in a company van pool, and mischaracterizing sick leave as vacation time. ANICO moved for summary judgment, asserting that Williamson's claims were barred by judicial estoppel due to his application for Social Security Disability Insurance (SSDI) benefits, failure to exhaust administrative remedies for some claims, and a lack of evidence to support discrimination, hostile work environment, retaliation, negligence, or IIED, citing his termination as part of a legitimate reduction-in-force. The court granted ANICO's motion for summary judgment, ruling that several statutory claims were inapplicable, hostile work environment and retaliation claims were barred for failure to exhaust administrative remedies, and judicial estoppel precluded the ADA claim due to the inconsistency with the SSDI application. Furthermore, the court found Williamson failed to establish a 'disability' under the ADA and TCHRA, dismissed the negligence and IIED claims as barred by other statutory remedies and insufficient facts, and upheld ANICO's reduction-in-force as a legitimate, non-discriminatory reason for termination.

Employment DiscriminationDisability DiscriminationRetaliationHostile Work EnvironmentAmericans with Disabilities Act (ADA)Texas Commission on Human Rights Act (TCHRA)Summary JudgmentJudicial EstoppelReduction-in-Force (RIF)Reasonable Accommodation
References
154
Case No. MISSING
Regular Panel Decision

Insurance Co. of State of the Pennsylvania v. Moore

This appeal addresses whether a worker's compensation carrier is entitled to a proportionate reduction in supplemental income benefits (SIBs) equal to the percentage of reduction for impairment income benefits (IIBs) for a prior compensable injury under the Texas Workers’ Compensation Act. Appellant, Insurance Company of Pennsylvania, sought an 11/17ths reduction in Appellee John H. Moore's SIBs, matching the reduction applied to his IIBs for a previous back injury. A hearing officer granted the IIB reduction but denied the SIB reduction. The trial court upheld this decision. The appellate court reversed, holding that Texas Labor Code § 408.084 is unambiguous and mandates that both IIBs and SIBs be reduced by the same proportion when contribution is warranted for a prior injury. Consequently, Appellant is entitled to an 11/17ths reduction of Appellee’s supplemental income benefits.

Workers' CompensationSupplemental Income Benefits (SIBs)Impairment Income Benefits (IIBs)Prior Compensable InjuryProportionate ReductionStatutory InterpretationTexas Labor CodeSummary JudgmentAppellate ReviewCommission Appeals Panel
References
24
Case No. MISSING
Regular Panel Decision

Texas International Airlines, Inc. v. Association of Flight Attendants

This case involves Texas International Airlines (TIA) challenging an award from the Texas International Airlines Flight Attendants’ System Board of Adjustment, with the Association of Flight Attendants (AFA) counterclaiming for enforcement. The dispute centered on the rights of probationary flight attendants to investigation and hearing following termination for anti-union animus or due to a reduction in force, under both a collective bargaining agreement and the Railway Labor Act. The District Court issued a split decision. It granted summary judgment to TIA, setting aside the Board's award concerning individual probationers Perry and Cedillo, finding the Board exceeded its jurisdiction. However, the court granted summary judgment to AFA, enforcing the Board's award regarding probationary employees affected by a reduction in force, determining the Board had jurisdiction over that issue.

Railway Labor ActCollective Bargaining AgreementProbationary EmployeesFlight AttendantsSystem Board of AdjustmentGrievance ProcedureSummary JudgmentLabor DisputeUnion RepresentationJurisdiction Challenge
References
17
Case No. MISSING
Regular Panel Decision

Benners v. Blanks Color Imaging, Inc.

Raymond F. Benners appealed a summary judgment granted in favor of Blanks Color Imaging, Inc. (BCI), Thomas Leron Blanks, and Douglas A. Heyerdahl. Benners alleged violations of the Texas Anti-Retaliation Law, intentional infliction of emotional distress, and civil conspiracy, stemming from his termination after filing a workers' compensation claim. Benners sustained an on-the-job back injury in 1998, reported it, and initiated a proceeding with the Texas Workers' Compensation Commission in 1999 to contest benefits. He was subsequently assigned additional duties and fired in 2001, purportedly due to cost-saving measures and a reduction in force. The appellate court affirmed the summary judgment, finding that Blanks and Heyerdahl were not "employers" under the anti-retaliation statute, and BCI provided a legitimate, non-discriminatory reason for termination (reduction in force) which Benners failed to sufficiently rebut as pretextual. Furthermore, Benners' claims of intentional infliction of emotional distress and civil conspiracy also failed as he could not demonstrate extreme and outrageous conduct or an underlying tort.

Workers' Compensation RetaliationWrongful DischargeSummary Judgment AffirmedTexas Anti-Retaliation LawIntentional Infliction of Emotional DistressCivil ConspiracyEmployer LiabilityReduction in ForcePretext EvidenceCausal Connection
References
25
Case No. MISSING
Regular Panel Decision
Apr 10, 1985

Adcock v. Firestone Tire & Rubber Co.

Former nonunion, salaried employees of Firestone Tire & Rubber Company sued their former employer after Firestone sold its Lavergne tire facility to Bridgestone Tire Company. The employees were immediately re-employed by Bridgestone without a loss of pay, but sought severance benefits from Firestone, arguing the sale constituted a 'reduction in work force' under their severance pay plan governed by ERISA. The U.S. District Court for the Middle District of Tennessee, presided over by Chief Judge Wiseman, acknowledged that employees acquire a contractual right to severance pay under federal common law, derived from Firestone's employee handbook. However, the court ruled that continued employment with the successor corporation, Bridgestone, meant the 'reduction in work force' condition for immediate severance pay had not been met. Consequently, the court granted summary judgment to Firestone, denying the immediate payment of benefits, but clarified that Firestone maintains a continuing contingent liability for severance pay if these former employees are later terminated by Bridgestone for reasons specified in Firestone's original plan.

ERISASeverance PayEmployee BenefitsWelfare Benefit PlanReduction in ForceFederal Common LawFiduciary DutySummary JudgmentEmployer LiabilityCorporate Acquisition
References
42
Case No. MISSING
Regular Panel Decision
Oct 26, 1982

In re the Claim of Peat

The claimant appealed a decision by the Unemployment Insurance Appeal Board, which affirmed a reduction in her unemployment benefits. The reduction was made under Labor Law § 600(7) due to her receipt of Social Security benefits. The court, citing precedents Matter of Cullen and Rivera v Patino, ruled that Social Security benefits derived from a non-base period employer should not offset unemployment benefits from a different base period employer. As the claimant's Social Security benefits vested from prior employment, the board's decision to reduce her unemployment rate was reversed. The case was remitted to the Unemployment Insurance Appeal Board for further proceedings.

Unemployment BenefitsSocial Security OffsetLabor Law 600(7)Benefit Rate ReductionPrior EmploymentBase Period EmployerAdministrative AppealRemittitur
References
2
Case No. MISSING
Regular Panel Decision

Perez v. Wade

The plaintiff, Carmina Perez, initiated an action against Ricky L. Wade, the Twenty-Fourth Judicial District Drug Task Force, Henry County, Tennessee, and Monte Belew, alleging violations of constitutional amendments under 42 U.S.C. § 1983. Defendants moved for partial judgment on the pleadings, asserting Eleventh Amendment immunity. The court granted the motion in part, dismissing claims against the Task Force as it was deemed a state entity entitled to sovereign immunity. However, the court denied the motion to dismiss claims against Wade and Belew in their official capacities, applying the Ex Parte Young exception to allow prospective injunctive relief, despite some requested relief being retrospective.

Eleventh Amendment Immunity42 U.S.C. § 1983Judgment on the PleadingsState Sovereign ImmunityOfficial Capacity SuitsEx Parte Young DoctrineProspective Injunctive ReliefDrug Task ForceTennessee LawFederal Rules of Civil Procedure 12(c)
References
26
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