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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
Apr 28, 1989

In Re Volpe

This case addresses the objection by NCNB-Texas National Bank to the exemption claimed by Dr. and Mrs. Volpe (Debtors) for their qualified employee profit sharing plan and individual retirement accounts under Chapter 7 bankruptcy. NCNB argued that the relevant Texas Property Code (T.P.C. § 42.0021) was preempted by ERISA and that debtors could only exempt a single account. The court, after an extensive analysis of ERISA's preemption clause and Supreme Court precedents like Mackey, concluded that T.P.C. § 42.0021 is not preempted by ERISA, as its connection to ERISA plans is too remote to be considered regulatory. Furthermore, applying a liberal interpretation of Texas exemption laws, the court determined that a debtor's overall retirement plan, even if held in multiple accounts, is exempt. Therefore, NCNB's objection was overruled, and the debtors' accounts were deemed exempt.

Bankruptcy LawExemption ClaimERISA PreemptionTexas Property CodeRetirement BenefitsProfit Sharing PlanIndividual Retirement AccountsFederal Bankruptcy CodeState Exemption LawSpendthrift Trust
References
41
Case No. 03-05-00837-CV
Regular Panel Decision
Dec 23, 2008

Diana Foster v. Texas Retirement System, Trustee for Texas Public Retired School Employees Group Insurance Program Aetna Life Insurance Company And Aetna Health Management, LLC

Diana Foster, a retired teacher, sued the Teacher Retirement System of Texas (TRS) and its insurance administrators, Aetna, after her claim for intravenous immune globulin infusion therapy (IVIG) was denied. She asserted claims for breach of contract, breach of the duty of good faith and fair dealing, violations of the insurance code, and deceptive trade practices, along with a request for declaratory judgment. The trial court granted appellees' pleas to the jurisdiction, dismissing the lawsuit without prejudice, citing sovereign immunity. Foster appealed, arguing her declaratory judgment claim was not barred, legislative immunity was waived, the administrative procedures act provided for judicial review, and Aetna was not protected by sovereign immunity. The appellate court affirmed the trial court's dismissal, finding that sovereign immunity applied to TRS and, by extension, to Aetna as its agent, and that Foster's claims did not fall under any exceptions for judicial review or waiver of immunity.

Sovereign ImmunityGovernment AgencyInsurance DisputeDeclaratory JudgmentAdministrative Procedures ActAgency AdjudicationJudicial ReviewBreach of ContractDuty of Good Faith and Fair DealingDeceptive Trade Practices Act
References
26
Case No. 03-22-00188-CV
Regular Panel Decision
Dec 14, 2023

RJR Vapor Co., LLC// Glenn Hegar, Comptroller of Public Accounts of the State of Texas The Office of the Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas The Office of the Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, RJR Vapor Co., LLC

RJR Vapor Co., LLC sued the Comptroller of Public Accounts of the State of Texas to recover protested tax payments on its oral nicotine products (VELO pouches and lozenges). The central dispute was whether VELO products are 'tobacco products' under Texas Tax Code Section 155.001(15)(E), which defines such products as 'made of tobacco or a tobacco substitute'. The trial court ruled in favor of RJR Vapor, granting a refund and declaring parts of the statute unconstitutional. On appeal, the Court of Appeals affirmed that VELO products are not taxable tobacco products, thus upholding the refund. The court also vacated the trial court's constitutional declarations and dismissed RJR Vapor's related claims for declaratory and injunctive relief, deeming them moot.

Tax LawStatutory InterpretationTobacco Products TaxNicotine ProductsOral NicotineTax RefundConstitutional ChallengesMootness DoctrineAppellate ReviewTexas Law
References
33
Case No. 02-14-00084-CV
Regular Panel Decision
Dec 11, 2014

William D. Layton v. City of Fort Worth, City of Fort Worth Employees' Retirement Fund, and Board of City of Fort Worth Employees' Retirement Fund

Appellant William D. Layton sued the City of Fort Worth and its retirement entities after his disability benefits were terminated. The trial court granted the defendants' plea to the jurisdiction, which Layton appealed. The appellate court affirmed, holding that no statute provided a right to judicial review of the Board’s order terminating disability benefits. Furthermore, Layton had no vested property right in the benefits, and his due course of law claim seeking reinstatement of benefits would improperly control the Board's discretionary decision-making, thus implicating governmental immunity.

Disability BenefitsGovernmental ImmunityPlea to JurisdictionJudicial ReviewVested Property RightsDue Course of LawMunicipal Retirement SystemAdministrative OrderDiscretionary AuthorityTexas Constitution
References
37
Case No. MISSING
Regular Panel Decision
Jun 11, 1990

Waldeck v. New York City Employees' Retirement System

A New York Supreme Court panel reversed a lower court's decision that had granted a deferred retirement allowance to a Department of Sanitation employee, Barbaro. Barbaro, a member of NYCERS since 1969, sought a deferred retirement allowance in July 1989, with an intended retirement date of August 18, 1989. However, he was dismissed on August 17, 1989, for soliciting unlawful payments. The appellate court determined that his dismissal occurred prior to his intended retirement date, thereby rendering him ineligible for the vested retirement allowance under Administrative Code § 13-173.1. The court clarified that the effective date of discharge was when the Commissioner signed the termination letter, irrespective of the date for commencing an appeal.

Retirement AllowancePublic EmployeeDismissalVestingAdministrative LawCivil ServiceNew York CityDepartment of SanitationAppellate ReviewEmployment Law
References
1
Case No. 03-19-00750-CV
Regular Panel Decision
Oct 27, 2021

Jai Dining Services (Odessa), Inc. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and the Office of the Comptroller of Public Accounts of the State of Texas

Jai Dining Services (Odessa), Inc. appealed the trial court’s dismissal of its claims challenging an assessment of sexually oriented business (SOB) fees by the Comptroller of Public Accounts of The State of Texas. Jai argued it was not an SOB and that the Comptroller retroactively applied rules, seeking declaratory judgments under the Uniform Declaratory Judgments Act (UDJA) and the Administrative Procedures Act (APA), alongside an ultra vires claim and a temporary injunction. The appellate court affirmed the dismissal, concluding that sovereign immunity barred the UDJA and ultra vires claims due to the redundant remedies doctrine. It also found that the APA claim lacked a justiciable controversy, as Jai filed its claim after the rule was applied and did not pursue a Chapter 112 claim for permanent relief. The court further noted that Jai did not properly plead a Chapter 112 claim, which would have allowed consideration of an oath of inability to pay, distinguishing its situation from the precedent set in EBS II.

Tax LawTexas CourtsAppellate ProcedureSovereign ImmunityDeclaratory ReliefAdministrative LawPlea to JurisdictionSexually Oriented Business FeesTax AssessmentJudicial Review
References
21
Case No. MISSING
Regular Panel Decision

Barbaro v. New York City Employees' Retirement System

The court addressed two consolidated CPLR Article 78 proceedings concerning whether petitioners' dismissal from the Department of Sanitation was effective prior to the vesting of their deferred retirement allowances. Petitioners, Waldeck and Barbaro, applied for the allowance, which vests if an employee is not dismissed within 30 days of application. Respondents, the Department of Sanitation and New York City Employees’ Retirement System, contended that petitioners were dismissed before the vesting date. The court found discrepancies in the dismissal documentation, a lack of explanation from a key witness (Commissioner Sexton), and insufficient proof that the dismissal notices were properly served according to Civil Service Law § 76. Consequently, the court concluded that the dismissals were not effective by the critical date, entitling petitioners to their vested retirement allowances.

Deferred Retirement AllowanceAdministrative DismissalCPLR Article 78Vested RightsDue ProcessService of NoticeCivil Service LawPublic EmployeesDepartment of SanitationNew York City Employees’ Retirement System
References
0
Case No. 03-98-00617-CV
Regular Panel Decision
Jul 15, 1999

Deborah K. Nordyke v. Employees Retirement System of Texas

Deborah K. Nordyke, a licensed vocational nurse, applied for occupational disability retirement benefits from the Employees Retirement System of Texas (ERS) after an on-the-job injury. Her application was denied by the ERS medical board, which found no permanent incapacity, a decision later upheld by an Administrative Law Judge and the trial court. Nordyke appealed to the Third District Court of Appeals in Austin, raising issues regarding the sufficiency of evidence and the validity of an ERS administrative rule defining "incapacity from the further performance of duty." The appellate court reviewed the medical evidence presented, which indicated a lack of objective proof for permanent disability. The court affirmed the trial court's judgment, concluding that the ERS's denial was supported by substantial evidence and that the administrative rule was a reasonable and valid exercise of statutory authority, aligning with the legislative intent for disability retirement.

Occupational DisabilityOn-the-Job InjuryAdministrative LawJudicial ReviewSubstantial EvidenceMedical Board DecisionPermanent DisabilityVocational NurseGovernment Employee BenefitsTexas Appellate Court
References
12
Case No. MISSING
Regular Panel Decision

Cravotta v. New York City Employees' Retirement System

The petitioner, a New York City sanitation worker, sustained a knee injury after allegedly slipping on a sanitation truck step contaminated by a slippery substance from a dump site. His application for accidental disability retirement benefits from the New York City Employees’ Retirement System (NYCERS) was denied, as his injury was not deemed an "accident" under Retirement and Social Security Law § 605-b. The petitioner challenged this determination, but both the Supreme Court and the appellate court affirmed the denial. The courts found that the injury occurred during routine duties and was not so extraordinary or unexpected as to constitute an accidental injury.

Accidental disabilityRetirement benefitsSanitation workerKnee injurySlipping accidentRoutine dutiesNYCERSAdministrative determinationJudicial reviewAnnulment petition
References
7
Case No. MISSING
Regular Panel Decision

Leary v. New York City Employees' Retirement System

Dorothy Leary, a part-time junior public health nurse for the New York City Department of Health and Mental Hygiene, injured her left knee after slipping on stairs due to wet shoes from snow outside. Her application for disability retirement benefits was denied by the Board of Trustees of the New York City Employees’ Retirement System, following a recommendation from the Medical Board that her injuries were not sustained as an 'accident' under Retirement and Social Security Law § 605. Leary challenged this determination through a CPLR article 78 proceeding, which the Supreme Court initially denied. However, the appellate court reversed this judgment, granted Leary's petition, annulled the Board's determination, and remitted the matter for further proceedings, concluding that her fall constituted an accident.

Workers' CompensationDisability RetirementPublic Health NurseSlip and Fall InjuryAccident DefinitionCPLR Article 78Medical Board ReviewAppellate ReversalRetirement and Social Security LawKings County Supreme Court
References
7
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