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

Case No. 13-00-313-CV
Regular Panel Decision
Nov 21, 2001

Montemayor, Rolando v. Chapa, Rolando, U.S.A., Waste-Management Resources, LLC, and Waste-Management of Texas, Inc., F/D/A U.S.A. Waste of Texas, Inc.

Rolando Montemayor, a temporary employee assigned to Waste Management, was injured in an automobile accident and received worker's compensation benefits through his general employer, Express Personnel Services. He subsequently sued Waste Management and its employee, Rolando Chapa, for negligence. The trial court granted summary judgment for the defendants, citing the borrowed servant and fellow servant doctrines, which bar common-law claims under the Texas Worker's Compensation Act's exclusive remedy provision. The Court of Appeals affirmed this decision, finding that Waste Management had the right of control over Montemayor, making him a borrowed servant, and Chapa a co-employee, thus upholding the summary judgment.

worker's compensationsummary judgmentborrowed servant doctrinefellow servant doctrinerespondeat superiortemporary employmentexclusive remedyTexas lawappellate reviewnegligence
References
18
Case No. 13-24-00224-CV
Regular Panel Decision
Jan 08, 2026

South Texas College v. Rolando Villagran

Rolando Villagran, a former employee of South Texas College (STC), filed an employment discrimination suit alleging national origin and sexual orientation discrimination, hostile work environment, and retaliation under the Texas Commission of Human Rights Act (TCHRA). Villagran, a Hispanic gay male, was terminated by STC after being placed on a Conduct and Performance Improvement Plan (CPIP) and accused of plagiarism and failing to improve performance. STC appealed the trial court's denial of its summary judgment motion, arguing sovereign immunity was not waived as Villagran failed to establish prima facie cases for his claims. The appellate court found Villagran failed to provide evidence for national origin discrimination (replaced by someone within the same protected class), sexual orientation discrimination (failed to prove pretext for STC's legitimate, nondiscriminatory reason for termination), hostile work environment (failed to prove STC knew or should have known of harassment), and retaliation (failed to prove protected activity or causation). Consequently, the court reversed the trial court's order and dismissed all of Villagran's claims for want of jurisdiction.

Employment DiscriminationNational Origin DiscriminationSexual Orientation DiscriminationHostile Work EnvironmentRetaliationSummary JudgmentPrima Facie CaseTCHRATexasAppellate Court
References
57
Case No. W2011-01649-COA-R3-JV
Regular Panel Decision
Jan 17, 2013

Rolando Toyos v. Amanda G. Hammock

This case involves a direct appeal from the Juvenile Court for Shelby County concerning child custody, relocation, and attorney fees. The primary residential parent, Mother Amanda G. Hammock, notified Father Rolando Toyos of her intent to relocate. Father opposed the relocation and petitioned to be named the child's primary residential parent. The trial court found a material change in circumstances but determined that the child's best interests were served by Mother remaining the primary residential parent and allowed her relocation. The Court of Appeals affirmed in part and reversed in part. It affirmed the trial court's decision on Mother remaining the primary residential parent, citing Father's anger, its effect on his support system, Mother's remarriage and relocation desire, and Father's unilateral decision-making. However, the appellate court vacated the relocation order and remanded the issue for an evidentiary hearing, finding Father was effectively denied an opportunity to present evidence on relocation. Additionally, the Court of Appeals vacated and reinstated certain financial and decision-making provisions of the 2007 Consent Order, contingent on the relocation outcome. It upheld the trial court's orders for Father to attend parenting training and to address his nanny's attitude towards the Mother, but it vacated the prohibition on overnight visitation by opposite-sex partners in Father's home due to insufficient evidentiary foundation. Finally, the appellate court upheld the award of attorney fees to Mother.

Child CustodyParental RelocationBest Interests of the ChildVisitation RightsChild SupportAttorney FeesModification of Court OrdersJudicial DiscretionAppellate ProcedureEvidentiary Hearing
References
46
Case No. ADJ8584353 ADJ8661296
Regular
Sep 26, 2016

ROBERTO TAPIA vs. ANHEUSER-BUSCH BEACH CITIES, ACE AMERICAN INSURANCE COMPANY

This case involves applicant Roberto Tapia's petition for reconsideration of a workers' compensation award, which was denied. The Board upheld the finding that Tapia sustained work-related injuries and affirmed the temporary and permanent disability indemnity awarded. Tapia's arguments regarding an increased permanent disability rate and entitlement to a job displacement voucher were rejected due to a prior stipulation and failure to follow proper procedure, respectively. Other claims were deemed outside the scope of a reconsideration petition.

Workers' Compensation Appeals BoardAnheuser-BuschACE American Insurance CompanySedgwick RiversideRoberto TapiaFindings and AwardTemporary Disability IndemnityPermanent Disability IndemnitySubsequent Job Displacement BenefitPetition for Reconsideration
References
3
Case No. ADJ2706793 [SFO 0468588]
Regular
Nov 16, 2009

GUADALUPE RAMIREZ (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), JUAN JENOVEBO GARCIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), RAFAEL TAPIA, JR., minor; and KATHRYN YOLKEN (Guardian ad Litem), ROLANDO TAPIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for dependent minors) vs. ARGUS NEWSPAPER/ANG NEWSPAPERS; and LIBERTY MUTUAL INSURANCE COMPANY

The WCAB rescinds its July 1, 2008 Findings of Fact and Order, and returns the case to the trial level for review and potential approval of the parties' proposed settlements.

WORKERS' COMPENSATION APPEALS BOARDGuadalupe RamirezJuan Jeno'vebo GarciaRafael Tapia Jr.Rolando TapiaGuardian ad LitemArgus NewspaperLiberty Mutual Insurance CompanyCompromise and ReleaseFindings of Fact and Order
References
0
Case No. ADJ9876999, ADJ9876980
Regular
Jul 20, 2016

ROLANDO RENTERIA vs. CITY OF DOWNEY

The Workers' Compensation Appeals Board denied the City of Downey's petition for reconsideration. The Board upheld the finding that police officer Rolando Renteria sustained a compensable injury to his right thumb while weightlifting at home. This was because the WCJ found the off-duty exercise to be a reasonable expectancy of employment, citing Renteria's role as a breacher on the entry team and participation in strength-based training and fitness tests. The Board deferred to the WCJ's credibility findings regarding Renteria's belief that his employer expected such fitness maintenance.

Rolando RenteriaCity of DowneyADJ9876999ADJ9876980Petition for ReconsiderationFindings and OrderAOE/COEright thumb injuryoff-duty weightliftingLabor Code section 3600(a)(9)
References
2
Case No. ADJ4122506 (VNO 0509901) ADJ557965 (VNO 0510514)
Regular
Jun 15, 2010

SURENDER TAPIA vs. ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board order denies the employer's petition for reconsideration in the case of Surender Tapia vs. Zenith Insurance Company. The Board adopted and incorporated the findings of the Workers' Compensation Judge. Crucially, the Board gave "great weight" to the judge's credibility findings. Therefore, the petition for reconsideration has been denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportCredibility findingGarza v. Workers' Comp. Appeals Bd.Order Denying ReconsiderationZenith Insurance CompanySurender TapiaADJ4122506
References
1
Case No. ADJ8480026
Regular
Jan 14, 2019

Patricia Tapia vs. International Laser, Twin City Fire Insurance

This case involves a workers' compensation applicant, Patricia Tapia, who sustained spinal and upper extremity injuries. The defendant, Twin City Fire Insurance, sought reconsideration of a prior order finding that lien claimant Scripte Corporation had timely filed a required declaration. The parties subsequently engaged in mediation and reached a settlement resolving Scripte's lien for $2,850.00. The Board rescinded the original Findings and Order and approved the lien settlement agreement.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderAdministrative Law JudgeCumulative InjuryCervical SpineLumbar SpineRight Upper ExtremityLien ClaimantLabor Code Section 4903.05(c)
References
0
Case No. ADJ8312614, ADJ9055869
Regular
Sep 02, 2017

IMELDA TAPIA DE RODRIGUEZ vs. BIRRIERIA JALISCO, FARMERS INSURANCE, CYPRESS INSURANCE COMPANY

This case consolidates two workers' compensation claims filed by applicant Imelda Tapia De Rodriguez against Birrieria Jalisco. In one claim (ADJ9055869), the WCJ found a specific injury occurred but was barred by the post-termination defense; the Appeals Board affirmed this finding. In the other claim (ADJ8312614), the WCJ found no injury arose out of employment, which the Appeals Board also affirmed, relying on medical evidence and applicant's failure to properly cite record support in her petition. Applicant appealed, arguing the post-termination defense was inapplicable due to employer notice issues and that her credibility was wrongly assessed without proper interpreter use. A dissenting opinion argues that exceptions to the post-termination defense, specifically notice to the employer prior to termination and the date of injury occurring after termination, should have been applied, warranting reversal and further proceedings.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and OrdersPost-Termination DefenseLabor Code Section 3600(a)(10)Statute of LimitationsLabor Code Section 3550Notice of RightsQualified Medical EvaluatorSubstantial Evidence
References
10
Case No. ADJ1914194 (SFO 0468596)
Regular
Nov 10, 2011

RAFAEL TAPIA vs. MEDIA NEWS GROUP, INC./ANG dba THE ARGUS NEWSPAPER, LIBERTY MUTUAL INSURANCE COMPANY

This case involves applicant Rafael Tapia's Petition for Reconsideration, which the Workers' Compensation Appeals Board (WCAB) denied. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) in denying reconsideration. Additionally, the applicant's Petition for Removal was dismissed as untimely. Therefore, both the Petition for Reconsideration and the Petition for Removal have been resolved against the applicant.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for RemovaluntimelyWCJ reportDENIEDDISMISSEDMEDIA NEWS GROUPLIBERTY MUTUAL INSURANCE COMPANYADJ1914194
References
0
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