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

Case No. ADJ6775950
Regular
Jun 22, 2017

MARTIN MENDOZA vs. W&M TEXTILE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted a petition for reconsideration filed by lien claimant Physician Funding Solutions, LLC. The Board rescinded the prior order dismissing the lien of Physician Funding Rancho Cucamonga and Rx Funding Solutions Rancho Cucamonga. The WCJ's report, which was adopted by the Board, provided the reasoning for this decision. This order reinstates the dismissed liens.

Physician Funding SolutionsLLCRx Funding SolutionsLLCPetition for ReconsiderationOrder Dismissing LienWorkers' Compensation Appeals BoardWCJ ReportGrant ReconsiderationRescind Order
References
0
Case No. 01-04-01088-CV
Regular Panel Decision
Nov 23, 2005

Universal Computer Consulting, Ltd. Universal Computer Services, Inc. And Dealer Computer Services, Inc. v. Dealer Solutions, L.L.C., Dealer Solutions Holdings, Inc. ADP, Inc., Business Solutions, Inc., SMC Investment, Inc., Southwest Toyota, Inc., and SMC Luxury Cars, Inc.

This trade secrets case involves Appellants Universal Computer Systems, Inc. (UCS) and Appellees Dealer Solutions, L.L.C., Dealer Solutions Holdings, Inc., ADP, Inc., SMC Investment, Inc., Southwest Toyota, Inc., SMC Luxury Cars, Inc., and Business Solutions, Inc. (collectively DSI). The parties had a dispute regarding trade secret misappropriation and a breach of a license agreement, which they agreed to arbitrate. The trial court confirmed the arbitrators' decision, which UCS appealed, alleging improper discovery orders and 'gross mistakes' by the arbitrators. The appellate court affirmed the trial court's confirmation, finding that any error in the trial court's discovery order was ameliorated by the arbitrators' full consideration of evidence, and that UCS failed to demonstrate gross mistake in the arbitration decision.

Trade secretsArbitrationDiscovery sanctionsArbitration awardCopyright preemptionSoftware licensingConfidentiality agreementBreach of contractGross mistakeTexas General Arbitration Act
References
21
Case No. 03-01-00631-CV
Regular Panel Decision
Jun 21, 2002

Everest National Insurance Company v. Texas Workers' Compensation Commission Subsequent Injury Fund Leonard W. Riley, Jr., in His Official Capacity as Director of Texas Workers' Compensation Commission And John Casseb, in His Official Capacity as Administrator of Subsequent Injury Fund

Everest National Insurance Company (Everest) sought reimbursement from the Subsequent Injury Fund for overpaid workers' compensation benefits after district court judgments reversed prior agency decisions. The Fund denied a portion of the requested amount, leading Everest to file a declaratory judgment suit in district court. The district court dismissed the suit, citing lack of subject-matter jurisdiction due to Everest's alleged failure to exhaust administrative remedies. The Texas Court of Appeals reversed this decision, holding that Everest was not required to exhaust administrative remedies because the Fund had previously stated no such remedies existed. The appellate court found Everest was authorized to bring a direct suit for declaratory relief under the Uniform Declaratory Judgments Act to enforce the Fund's statutory obligation, remanding the case for a decision on the merits.

Workers' CompensationInsurance ReimbursementSubsequent Injury FundAdministrative Procedure ActDeclaratory JudgmentExhaustion of Administrative RemediesSubject-Matter JurisdictionStatutory InterpretationTexas Court of AppealsJudicial Review
References
8
Case No. 05-18-00188-CV
Regular Panel Decision
Aug 16, 2019

Global Supply Chain Solutions, LLC v. Riverwood Solutions, Inc., and Lori Austin

This case involves a dispute between Global Supply Chain Solutions, LLC (Global Supply) and Riverwood Solutions, Inc. (Riverwood) and Lori Austin. After failed merger talks, Global Supply sued Riverwood for breach of contract, misappropriation of trade secrets, and tortious interference, also seeking injunctive relief against Austin. Key issues included whether Austin was an employee or independent contractor, if Riverwood breached non-solicitation clauses, and the application of the 'inevitable disclosure' doctrine for trade secrets. The trial court granted summary judgment for Riverwood and Austin and struck Global Supply's expert witnesses. The appellate court affirmed the judgment, finding no reversible error in the summary judgment rulings or the striking of expert witnesses, and upheld the award of attorney's fees to Austin.

Breach of ContractTrade Secrets MisappropriationTortious InterferenceIndependent ContractorNon-Solicitation AgreementSummary JudgmentExpert Witness TestimonyInevitable Disclosure DoctrineDeclaratory JudgmentAttorney's Fees
References
30
Case No. MISSING
Regular Panel Decision

Cicatello v. Brewery Workers Pension Fund

This case addresses an action brought by employees and retired employees of the New York State Teamsters Conference Pension and Retirement Fund (Teamsters Fund) seeking to enjoin the merger of the Teamsters Fund with the Brewery Workers Pension Fund. Plaintiffs alleged multiple violations of the Employee Retirement Income Security Act of 1974 (ERISA), including insufficient employee notification of the proposed merger, potential reduction in benefits, and failure to meet minimum funding standards. Chief Judge Curtin of the federal court determined that ERISA provisions cited by plaintiffs were either inapplicable to multiemployer plans at the time or had established mechanisms to address the concerns. The court also found the claim regarding the merger not being in the best interests of Teamsters Fund participants to be barred by res judicata due to prior state court decisions. Consequently, the court denied the request for preliminary injunctive relief and dismissed the complaint for failure to state a claim.

Employee Retirement Income Security Act (ERISA)Pension FundsFund MergerPreliminary InjunctionDeclaratory JudgmentRes JudicataMulti-employer PlansFiduciary DutyMinimum Funding StandardsTax Qualification
References
12
Case No. 02-25-00220-CV
Regular Panel Decision
Oct 23, 2025

1 Solar Solution, LLC and Mohammad Ali Samana v. S&A Wholesale Inc., D.B.A. Trendy Energy Solutions and Trendy Communications

Appellee S&A Wholesale Inc., d/b/a Trendy Energy Solutions and Trendy Communications (Trendy), obtained a default judgment against Appellants 1 Solar Solution, LLC and Mohammad Ali Samana. Appellants argued that the trial court abused its discretion by failing to set aside the default judgment, claiming they satisfied the Craddock factors. The trial court denied their motion. The appellate court reviewed the denial of the new-trial motion for abuse of discretion and affirmed the trial court's decision, finding that the appellants' explanation for failing to answer did not negate conscious indifference.

Default JudgmentCraddock FactorsMotion for New TrialAbuse of DiscretionConscious IndifferenceAccident or MistakeAppellate ReviewTexas Civil ProcedureFailure to AppearLegal Representation
References
23
Case No. 07-12-00328-CV
Regular Panel Decision
Apr 14, 2014

Janet Bontke, Individually and as Guardian of the Estate and Person of Nolan Bontke, a Ward v. Cargill Meat Logistics Solution, Inc., Cargill Meat Solutions Corporation and Tulia Feed Lot, Inc.

Janet Bontke, individually and as guardian of Nolan Bontke, appealed a trial court judgment denying recovery against Cargill Meat Logistics Solution, Inc., Cargill Meat Solutions Corporation, and Tulia Feed Lot, Inc. Nolan Bontke, an independent contractor, sustained injuries while loading a steer at Tulia Feed Lot when he was struck by an agitated animal. The appeal raised issues concerning references to insurance, the exclusion of a rebuttal expert witness, the classification of cattle handling as inherently dangerous, and the factual sufficiency of the jury's negligence findings. The appellate court overruled all of Bontke's issues and affirmed the trial court's judgment.

negligenceindependent contractorcattle handlinginherently dangerous activityevidence admissionexpert witness exclusionfactual sufficiencyappealTexaspersonal injury
References
26
Case No. 10-93-224-CV
Regular Panel Decision
May 18, 1994

Subsequent Injury Fund of the State of Texas (Formerly the Second Injury Fund) v. Larry Milligan

The Subsequent Injury Fund appeals a judgment awarding Larry Milligan lifetime benefits for injuries sustained at work. Milligan suffered two ankle injuries in 1987 and a third in 1989, leading to the total loss of use of both feet. He sued the Fund for lifetime benefits after settling with the workers' compensation carrier. The jury found permanent, total loss of use of both feet. The Fund challenged its statutory liability for lifetime benefits and the court's refusal to submit a jury question on total and permanent incapacity. The appellate court affirmed, finding the first issue unpreserved and the second resolved by a statutory conclusive presumption of total and permanent incapacity for the loss of both feet.

Workers' Compensation LawSubsequent Injury FundLifetime BenefitsTotal Permanent IncapacityAnkle InjuriesStatutory InterpretationAppellate ReviewJury InstructionsConclusive PresumptionOccupational Injuries
References
6
Case No. 08-06-00153-CV
Regular Panel Decision
Jun 27, 2008

David J. Quick v. Plastics Solutions of Texas, Inc., a Texas Corporation Plastics Solutions Molding, Inc., a Texas Corporation Kurt H. Ruppman, Sr., Individually and Fairfield Enterprises, Inc.

Appellant David J. Quick appealed a take-nothing judgment concerning contract claims against Plastic Solutions of Texas, Inc., Plastic Solutions Molding, Inc., Kurt H. Ruppman, Sr., and Fairfield Enterprises, Inc. Quick, a certified public accountant, sought royalties based on an agreement related to Ruppman's patented cryogenic technology. The trial court interpreted the "Royalty Revenue Agreement" to limit Quick's interest to licensing income derived from a specific heat-set/barrier blow molding technology process after January 23, 1997, and found no such income. The court also concluded that Quick's breach of contract claim was barred by failure of consideration and prior material breach due to his cessation of services. The Eighth District of Texas Court of Appeals affirmed the trial court's judgment on all issues, including the contract interpretation and the award of attorney's fees to Fairfield.

Contract lawRoyalty agreementBreach of contractDeclaratory judgmentFailure of considerationPrior material breachAttorney's feesAppellate reviewContract interpretationPatent licensing
References
47
Case No. MISSING
Regular Panel Decision

Teamsters, Chauffeurs, Warehousemen & Helpers, Local Union No. 182 v. New York State Teamsters Council Health & Hospital Fund

Plaintiff Teamsters Local Union No. 182 (Local 182) filed an action against the New York State Teamsters Council Health & Hospital Fund and the New York State Teamsters Conference Pension and Retirement Fund (the Funds) under 29 U.S.C. § 185. Local 182 sought a declaration affirming the existence of valid collective bargaining agreements between April 1992 and March 1994, which mandated grievance and arbitration procedures, and an order compelling the Funds to arbitrate layoff-related grievances. The Union contended there was a long-standing oral agreement to adhere to applicable provisions of the National Master Freight Agreement (NMFA). The Funds moved for summary judgment, asserting a lack of subject matter jurisdiction and denying the existence of any agreement with requisite definiteness. The court denied the summary judgment motion, affirming subject matter jurisdiction and finding that Local 182 presented genuine issues of material fact concerning the existence of a collective bargaining agreement.

Collective Bargaining AgreementSummary Judgment MotionLabor DisputeUnion RightsGrievance ProcedureArbitrationSeniority RightsLayoffsNational Master Freight AgreementPension Benefits
References
24
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