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

Case No. 03-15-00314-CV
Regular Panel Decision
Aug 07, 2015

California Insurance Guarantee Association, Oklahoma Property and Casualty Insurance Guaranty Association, and Texas Property and Casualty Insurance Guaranty Association v. Hill Brothers Transportation, Inc.

The appellants, California Insurance Guarantee Association (CIGA), Oklahoma Property and Casualty Insurance Guaranty Association (OPCIGA), and Texas Property and Casualty Insurance Guaranty Association (TPCIGA), collectively "Guaranty Associations," are appealing a summary judgment granted in favor of the appellee, Hill Brothers Transportation, Inc. ("Hill Bros."). The suit was filed on March 31, 2009, alleging Hill Bros. failed to reimburse the Guaranty Associations for payments of workers' compensation benefits and claim handling expenses within the deductible limits of a policy issued by the insolvent Legion Insurance Company ("Legion"). The District Court granted summary judgment to Hill Bros. based on the statute of limitations, ruling that the cause of action accrued on April 1, 2002. The Guaranty Associations argue that the accrual date is incorrect, as their statutory obligations had not been triggered, payments had not been made, and demand for reimbursement had not occurred by that date. They also contend that their compliance with Pennsylvania law (the "Pennsylvania Act") in seeking reimbursement through Legion in Liquidation constitutes a mitigating circumstance for any delay, making reasonableness a fact question. Furthermore, they assert the policy was a continuing contract, and the statute of limitations should not have accrued until full performance on April 28, 2009. Alternatively, they argue that claims for deductible payments made within four years of filing suit (March 31, 2005) are not barred.

Workers' CompensationInsurance Guaranty AssociationStatute of LimitationsBreach of ContractDeductible ReimbursementInsolvencyInsurance PolicyContinuing ContractPennsylvania ActTravis County
References
21
Case No. MISSING
Regular Panel Decision

International Ass'n of Machinists Lodge 1488 v. Downtown Employees Ass'n

This is an appeal regarding a temporary injunction granted by a trial court against the International Association of Machinists Lodge 1488 (Union) for picketing the premises of Downtown Chevrolet Company in Houston, Texas. The appellees, Downtown Employees Association and Downtown Chevrolet Company, had obtained an injunction restraining the Union from various picketing activities, even though the picketing was conducted peacefully. The Union appealed, arguing that the injunction was an abuse of discretion, violated their rights to free speech and assembly, and was granted in the absence of unlawful activities or damages. The appellate court reviewed the evidence, affirming that the contract between the Company and the Association was established before the picketing began. The court concluded that the injunction did not violate the Union's constitutional rights, as these rights are limited by the constitutional rights of the appellees, and that the picketing caused substantial economic loss. Therefore, the judgment of the trial court granting the temporary injunction was affirmed.

Temporary InjunctionPicketingLabor DisputeFree SpeechAbuse of DiscretionConstitutional RightsAppellate ReviewUnion ActivitiesEmployer-Employee RelationsWork Stoppage
References
7
Case No. 03-10-00385-CV
Regular Panel Decision
Aug 26, 2011

John H. Carney & Associates v. Texas Property and Casualty Insurance Guaranty Association

John H. Carney & Associates (Carney) sued the Texas Property and Casualty Insurance Guaranty Association (the Association) to recover damages from a judgment against an insolvent insurer, Texas Select Lloyds Insurance Company. Carney asserted the judgment was a 'covered claim' under the Texas Property and Casualty Insurance Guaranty Act, arising from an assigned interest in a first-party homeowners policy claim of their former client, Joy Lincoln. The Association moved for summary judgment, arguing Carney was not an 'insured' or 'third-party claimant' as defined by the Act, among other grounds. The trial court granted summary judgment without stating the specific grounds. The appellate court affirmed the trial court's decision, concluding that the Guaranty Act's remedy is limited to 'insureds' and 'third-party claimants' and does not extend to assignees, based on statutory construction and comparison with similar laws.

Insurance LawGuaranty ActAssignee RightsSummary JudgmentStatutory ConstructionAppellate ReviewInsurer InsolvencyCovered ClaimAttorney's FeesProperty Damage
References
91
Case No. MISSING
Regular Panel Decision

Soundview Associates v. Town of Riverhead

Sound-view Associates filed a lawsuit against the Town of Riverhead and other defendants, alleging violations of its First, Fifth, and Fourteenth Amendment rights under 42 U.S.C. §§ 1983 and 1988. The plaintiff claimed arbitrary denial of a special permit to construct a health spa, despite a pre-existing 1982 permit, and that defendants unlawfully coerced them into withdrawing a state court appeal by threatening to withhold approval for a separate clubhouse application from their tenant. The court partially granted the defendants' motion to dismiss, specifically dismissing claims brought under the Fifth Amendment and those against the Town Board and Planning Department as duplicative. However, the court denied the motion to dismiss the substantive due process, procedural due process, and First Amendment retaliation claims, finding that Sound-view Associates had sufficiently alleged a valid property interest, arbitrary infringement, and a chilled exercise of First Amendment rights. The motion to dismiss individual defendants Richard Ehlers and Dawn C. Thomas was also denied due to their alleged personal involvement in the unconstitutional actions.

Zoning disputeLand useSpecial permitHealth spaFirst AmendmentDue Process42 U.S.C. § 1983RetaliationCoercionProperty rights
References
95
Case No. 03-98-00053-CV
Regular Panel Decision
Jun 15, 2000

Alvis Kent Waldrep, Jr. v. Texas Employers Insurance Association, in Receivership And Texas Property and Casualty Insurance Guaranty Association

Alvis Kent Waldrep, Jr. was awarded workers' compensation benefits by the Texas Workers' Compensation Commission for an injury sustained while playing football for Texas Christian University (TCU). The Texas Employers Insurance Association (TEIA) appealed this award to the district court, where a jury found Waldrep was not a TCU employee. The district court affirmed this finding, leading Waldrep to appeal to the Texas Court of Appeals, Third District. The appellate court considered whether Waldrep was an employee as a matter of law for workers' compensation purposes and reviewed the district court's evidentiary rulings. The Court of Appeals ultimately affirmed the district court's judgment, concluding there was sufficient evidence to support the jury's finding that Waldrep was not an employee of TCU under a contract of hire or subject to TCU's right to direct the means or details of his work.

Workers' CompensationCollege AthleticsStudent-AthleteEmployment StatusContract of HireRight to ControlNCAA RulesTexas Christian UniversityFootball InjuryLegal Sufficiency
References
41
Case No. MISSING
Regular Panel Decision

Ex Parte Lowe

This habeas corpus proceeding addresses the First Amendment associational rights' privilege against disclosure of membership lists for dissident groups, applied to states via the Fourteenth Amendment. Michael Lowe, Grand Dragon of the Texas Knights of the Ku Klux Klan, was held in contempt for refusing to produce the Klan's membership list during an investigation by the Texas Commission on Human Rights into housing discrimination in Vidor. The court found that the State failed to demonstrate a substantial relation between the requested information and a compelling state interest, as required by federal precedent. The State's various arguments, including a 'Ku Klux Klan' exception and waiver, were rejected. Consequently, the court granted Lowe's petition for writ of habeas corpus and ordered his discharge, emphasizing the protection of associational freedoms.

First AmendmentAssociational RightsHabeas CorpusKu Klux KlanMembership List DisclosureHousing DiscriminationContempt of CourtFreedom of AssociationFourteenth AmendmentCompelling State Interest
References
12
Case No. 06-05-00087-CV
Regular Panel Decision
May 11, 2006

Michael Pullara v. American Arbitration Association, Inc., Paxson & Associates, P.C. and Stephen B. Paxson

Michael Pullara appealed a summary judgment granted against him in favor of the American Arbitration Association (AAA), Paxson & Associates, P.C., and Stephen B. Paxson. Pullara sued Paxson and the AAA for damages, alleging Paxson failed to disclose his long-standing role as general counsel for the Greater Houston Builders Association (GHBA) before being selected as an arbitrator in a dispute between Pullara and Becker Fine Builders, Inc. Pullara contended this nondisclosure revealed a bias. The appellate court affirmed the trial court's judgment, holding that Pullara's claims are barred by the doctrine of arbitral immunity, which extends to arbitrators and their sponsoring organizations for acts performed in their quasi-judicial capacity, including failure to disclose potential biases. The court rejected Pullara's arguments that arbitral immunity conflicts with Texas statutory law or prior Texas Supreme Court holdings on evident partiality, emphasizing that the remedy for non-disclosure is vacating the award, not a cause of action for damages.

ArbitrationArbitral ImmunityDisclosureBiasSummary JudgmentAppellate ReviewTexas LawCivil Practice and Remedies CodeJudicial ImmunityLegal Malpractice
References
65
Case No. 03-13-00077-CV
Regular Panel Decision
Feb 25, 2015

Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage // Cross-Appellant,Texas Medical Association v. Texas Medical Association// Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage

The amicus brief, submitted by The Association of Marital and Family Therapy Regulatory Boards (AMFTRB), urges the Third Court of Appeals to grant en banc reconsideration and reverse a panel's decision that found 22 TEX. ADMIN CODE §801.42(13) invalid. The brief argues that Licensed Marriage and Family Therapists (LMFTs) are fully qualified, trained, and tested to perform diagnostic assessments within their therapeutic role. It asserts that diagnosis alone, in the context of marriage and family therapy, does not constitute the practice of medicine under the Texas Medical Practice Act, and preventing LMFTs from performing these assessments would effectively prohibit their professional practice and create a shortage of mental health professionals in Texas. The AMFTRB also highlights that the legislature did not intend for LMFTs to be supervised by physicians and that the structure of the Occupations Code supports marriage and family therapy as a stand-alone profession. Additionally, the brief questions the qualification of the Texas Medical Association's expert witness due to prior ethical lapses.

Marriage and Family TherapyDiagnostic AssessmentMedical Practice ActOccupations CodeRegulatory BoardsLicensureScope of PracticeMental Health ServicesTexasAccreditation
References
9
Case No. 14-10-00430-CV
Regular Panel Decision
Sep 14, 2010

in Re Park Memorial Condominium Association, Inc., Sameer Soleja, Lynn Tibbe, Michael Kirk, Barbara Belbot, and Jonathan Simon

This mandamus proceeding arose from a dispute between a condominium association and residents over the ownership of insurance proceeds. The trial court ordered the Association to distribute funds to the unit owners (Homeowners) without proper pleadings requesting such relief. The Association, as relators, argued that this violated their due process rights and was an abuse of discretion, as disputed fact issues were resolved without trial or summary judgment. The appeals court held that the trial court deprived the Association of due process by granting relief not requested in pleadings and summarily disposing of a disputed fact issue, making the orders void. The court conditionally granted mandamus relief, directing the trial court to set aside its distribution orders.

MandamusDue ProcessPleadingsTrial Court DiscretionAbuse of DiscretionCondominium LawInsurance ProceedsRule 11 AgreementVoid OrderAppellate Procedure
References
20
Case No. 03-97-00567-CV
Regular Panel Decision
Jul 30, 1998

Memorial Medical Center of East Texas v. James A. Howard, Special Deputy Receiver of Texas Employers' Insurance Association and Texas Property and Casualty Insurance Guaranty Association

Memorial Medical Center of East Texas appealed a summary judgment granted in favor of James A. Howard, Special Deputy Receiver of Texas Employers' Insurance Association, and Texas Property and Casualty Insurance Guaranty Association. Memorial sought a declaration that the appellees were obligated to reimburse defense costs incurred in a separate suit brought by its employees. The trial court granted the appellees' motions for summary judgment without specifying the grounds. The appellate court affirmed the trial court's judgment, holding that both the Receiver and the Association were statutorily precluded from defending Memorial or reimbursing its defense costs under relevant provisions of the Texas Insurance Code.

Summary judgmentInsurance CodeDuty to defendReimbursementImpaired insurerReceivershipGuaranty AssociationAppellate reviewStatutory interpretationWorkers' compensation insurance
References
11
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