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

Case No. NO. 14-13-00421-CV
Regular Panel Decision
Apr 24, 2014

Sheila Adams v. Golden Rule Service, Inc.

Sheila Adams, a nursing aide, sued her employer, Golden Rule Service, Inc., for injuries allegedly sustained while assisting a patient at Golden Rule's health care facility. The trial court dismissed the case because Adams failed to serve an expert report as required by the Texas Medical Liability Act (TMLA). Adams appealed, arguing her claims were not governed by the TMLA. The Fourteenth Court of Appeals affirmed the trial court's decision, concluding that Adams's claims were health care liability claims subject to the TMLA's expert report requirement, consistent with prior court precedents.

Health care liabilityTMLAExpert reportNegligenceEmployer liabilityMedical injuryWorkplace injuryTexas lawAppellate reviewDismissal
References
7
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. 15-24-00097-CV, D-1-GN-24-003462
Regular Panel Decision
Apr 18, 2025

Randal Law v. Texas Department of Insurance – Division of Workers' Compensation Subsequent Injury Fund, Jeff Nelson, Kara MacE, and Blaise Gerstenlauer

The appellant, Randal Law, challenges the Texas Department of Insurance – Division of Workers’ Compensation – Subsequent Injury Fund (TDI-DWC-SIF) regarding the implementation of a new rule, 28 TAC §131.5. Mr. Law, a recipient of Lifetime Income Benefits (LIBs) for a catastrophic injury, argues that the TDI-DWC-SIF acted ultra vires by imposing a monthly verification requirement for LIBs, which he claims directly conflicts with Texas Labor Code §§ 408.161(a) and 408.201. He asserts that these statutes mandate LIBs payments until death and exempt benefits from other actions or claims, leaving no discretion for administrative interference. The appellant contends that the new rule unlawfully transforms legislative intent, imposes an undue burden on injured workers, and has caused him significant financial hardship. He seeks to reverse the district court's decision on jurisdiction and for the appellate court to rule in favor of the plaintiff's jurisdiction and address the questions of law.

Lifetime Income Benefits (LIBs)Ultra ViresSovereign Immunity ExceptionAdministrative Rule ChallengeStatutory ConstructionTexas Labor LawAppellate JurisdictionState Agency DiscretionInjured Employee RightsDue Process Violation
References
5
Case No. MISSING
Regular Panel Decision
Jan 19, 2005

Maes v. 408 W. 39 LLC

Plaintiff, employed by AMA Erectors, was injured when a boom truck cable snapped while he was removing a banner advertisement. He initiated action against the building owner, 408 W 39 LLC, and Vista, alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). Vista, in turn, commenced a third-party action against AMA Erectors and AMA Holdings. The Supreme Court's initial ruling denied plaintiff's motion, denied Vista's cross-motion, and granted third-party defendants' cross-motions. On appeal, the judgment was modified, dismissing all of plaintiff's claims against Vista and affirming the dismissal of Vista's third-party claims as academic.

Labor LawSummary JudgmentSafe WorkplaceStatutory InterpretationBoom Truck AccidentPremises LiabilityIndemnificationContractual IndemnityBreach of ContractThird-Party Action
References
9
Case No. MISSING
Regular Panel Decision

TXU Generation Co. v. Public Utility Commission

The Texas Court of Appeals, Austin, reviewed a direct appeal challenging the Public Utility Commission's Wholesale Market Oversight (WMO) Rule. Appellants, a group of market participants, argued the rule exceeded the Commission's statutory authority, was unconstitutionally vague, constituted an unconstitutional taking, and violated the Administrative Procedure Act (APA) regarding notice and concise statement of authority. The court, led by Justice Bea Ann Smith, affirmed the validity of the WMO Rule. It held that the Commission possessed broad authority under PURA to regulate the wholesale electricity market to protect public interest, consumers, and ensure reasonably priced ancillary services, even if some prohibited conduct was unintentional. The court also found the rule provided sufficient notice and did not invite arbitrary enforcement, nor did it constitute an unconstitutional taking or violate APA procedures. Ultimately, the court affirmed the validity of the WMO Rule, concluding that it reasonably promotes competition and fulfills legislative goals for the electricity market.

Electricity RegulationWholesale Energy MarketPublic Utility CommissionAdministrative LawStatutory InterpretationConstitutional ChallengesMarket Power AbuseConsumer ProtectionTexas LawDirect Appeal
References
38
Case No. MISSING
Regular Panel Decision

Corpus Christi Fire Fighters Ass'n v. City of Corpus Christi

This cross-appeal addresses the interpretation of the Fire and Police Employee Relations Act (FPERA) concerning a collective bargaining agreement between the City of Corpus Christi and the Corpus Christi Fire Fighters Association. The dispute centers on whether the City's unilateral implementation of revised grooming standards and modifications to the Vehicle Accident Review Board (VARB) procedural rules constituted mandatory subjects for bargaining as "conditions of employment." Applying a balancing test, the court determined that both the grooming standards and the VARB rules had a greater impact on the City's management prerogatives, particularly public image and safety, than on the fire fighters' working conditions. Consequently, these issues were not deemed "conditions of employment" requiring collective bargaining. The court affirmed the trial court's judgment on grooming standards and reversed its ruling regarding the VARB rules.

Collective BargainingFPERAGrooming StandardsVehicle Accident Review BoardConditions of EmploymentManagement PrerogativesPublic SafetyFire FightersUnilateral ImplementationLabor Dispute
References
12
Case No. MISSING
Regular Panel Decision

Mid-Century Insurance Co. v. Texas Workers' Compensation Commission

Mid-Century Insurance Company challenged a rule by the Texas Workers’ Compensation Commission (the Division) that mandated lifetime income benefits (LIBs) be paid retroactively from the initial date of disability. Mid-Century contended this rule, 28 Tex. Admin. Code § 131.1(b), exceeded the Division's statutory authority by imposing liability for LIBs before some employees became eligible. After the district court ruled in favor of the Division, Mid-Century appealed. The appellate court found the Division's rule invalid, concluding that the legislature intended LIBs to commence upon eligibility, not from the date of disability, and that Labor Code section 408.082, regarding accrual, applied only to temporary income benefits. Consequently, the judgment of the district court was reversed, and judgment was rendered for Mid-Century, declaring the rule inconsistent with statutory provisions.

Workers' Compensation LawLifetime Income BenefitsStatutory InterpretationAdministrative LawAgency AuthorityRetroactive PaymentsDate of DisabilityBenefit EligibilityDeclaratory Judgment ActionTexas Labor Code
References
19
Case No. MISSING
Regular Panel Decision

Cavazos v. Texas Employers Insurance Ass'n

The case involves an appeal from a trial court's dismissal of the appellant's suit to overturn a final ruling by the Industrial Accident Board. The dismissal was due to the appellant's failure to file the suit within the mandatory 20-day limitation period prescribed by Tex.Rev.Civ.Stat. Ann. art. 8307 § 5. The appellant contended that worker's compensation law should be liberally construed, citing precedents like Ward and Standard Fire Insurance Company. However, the court affirmed that the 20-day filing period is jurisdictional and mandatory. It clarified that Rule 5 of the Texas Rules of Civil Procedure, which provides for an enlargement of time for mailed documents, was inapplicable because the appellant's petition was filed late, not merely mailed late. The court concluded that applying Rule 5 would improperly extend the statute of limitations, and thus affirmed the trial court's judgment.

Statute of LimitationsJurisdictionTimely FilingAppellate ReviewIndustrial Accident Board RulingRule 5 TRCPMandatory Statutory PeriodLiberal Construction DoctrineProcedural DismissalWorker's Benefits Appeal
References
7
Case No. MISSING
Regular Panel Decision

Paese v. New York Seven-Up Bottling Co.

This case concerns a motion for Rule 11 sanctions filed by defendant Soft Drink and Brewery Workers Union, Local 812, against plaintiffs' counsel, Robert L. Ferris. Ferris represented nine former Seven-Up employees in a breach of fair representation claim against Local 812 under the Labor Management Relations Act. The underlying claim arose from Local 812's settlement of a WARN Act suit, with plaintiffs alleging the union failed to disclose material information regarding the settlement's impact on their creditor rights. At trial, Ferris failed to present any evidence demonstrating a causal link between the alleged omissions and the outcome of the ratification vote, which was an essential element of the plaintiffs' claim. The court found Ferris's signing and filing of the Findings of Fact and Joint Consolidated Pre-Trial Order, asserting causation without adequate proof after discovery, to be objectively unreasonable and a violation of Rule 11. Consequently, the defendant's motion for Rule 11 sanctions was granted, and Mr. Ferris was ordered to pay $2,000.00.

Rule 11 SanctionsBreach of Fair RepresentationLabor Management Relations ActWARN ActCausationAttorney MisconductObjective UnreasonablenessPost-Discovery ConductUnion SettlementBankruptcy Stay
References
10
Case No. MISSING
Regular Panel Decision

Toney v. Mueller Co.

This is a workers' compensation appeal concerning the denial of an employee's (Mr. Toney) motion to set aside a judgment, filed under Rule 60.02, Tenn.R.Civ.P., alleging a mistake regarding the extent of his injury. Mr. Toney had been awarded benefits based on a 15% permanent partial disability, but later underwent a spinal fusion, leading him to argue the original assessment was mistaken. The trial court denied his motion, reasoning that the conditions for which he was later treated already existed at the time of the original trial. The appellate court affirmed, emphasizing that Rule 60.02 serves as an "escape valve" for inequity, not merely for changed circumstances or dissatisfaction, and found no abuse of discretion in the trial judge's ruling.

Rule 60.02Post-Judgment MotionPermanent Partial DisabilitySpinal FusionPercutaneous Lumbar DiskectomyMedical Impairment RatingJudicial DiscretionFinality PrincipleMistake of FactRadiculopathy
References
3
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