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

Case No. 08-04-00179-CV
Regular Panel Decision
Aug 25, 2005

Francisco Garcia, Individually and as Next Friend of Francisco Garcia, Jr., and Kevin Garcia, Minor Children v. J. J. S. Enterprises, Inc., D/B/A/ PDQ Drive-In Grocery

Francisco Garcia, individually and as next friend for his minor children, Francisco Garcia, Jr. and Kevin Garcia (the Garcias), appealed the trial court's summary judgment in favor of J.J.S. Enterprises, Inc. (J.J.S. Enterprises). The case originated from the death of Rosario Michelle Garcia, who died during a robbery at her employer, PDQ Drive-In Grocery. Mrs. Garcia, a cashier, pursued a shoplifter against company policy, fell from a moving vehicle, and was fatally injured. The Garcias filed a wrongful death suit alleging negligence, but J.J.S. Enterprises moved for summary judgment citing a pre-injury waiver. The Court of Appeals affirmed the summary judgment, ruling the pre-injury waiver valid and enforceable, thereby barring the Garcias' lawsuit.

Wrongful DeathNegligenceSummary JudgmentPre-Injury WaiverOccupational Accident PlanNon-Subscriber EmployerTexas LawPublic PolicyFair NoticeActual Knowledge
References
21
Case No. MISSING
Regular Panel Decision

Garcia v. J.J.S. Enterprises, Inc.

The Garcias, family of Rosario Michelle Garcia, appealed a summary judgment granted in favor of J.J.S. Enterprises, Inc., their employer, following Mrs. Garcia's death during a robbery at her workplace. Mrs. Garcia died after pursuing a shoplifter, contrary to company policy, and was run over by a fleeing vehicle. The Garcias brought a wrongful death suit, alleging employer negligence, while J.J.S. Enterprises asserted unforeseeability, lack of proximate cause, and a pre-injury waiver. The appellate court affirmed the trial court's summary judgment, ruling that the pre-injury waiver Mrs. Garcia signed was valid and enforceable, thereby barring the Garcias' negligence claims. This decision upheld that such waivers, made before June 17, 2001, are not against public policy under Texas law if the employee had actual knowledge of the waiver's terms.

Wrongful DeathNegligence ClaimSummary JudgmentPre-injury WaiverEmployee Welfare Benefit PlanOccupational AccidentNon-subscriber EmployerPublic PolicyExpress Negligence DoctrineFair Notice Requirements
References
24
Case No. 13-99-032-CV
Regular Panel Decision
Jun 08, 2000

Garcia, Roel v. Allen, William Stuart, Hector Mario Garcia, and Hoechst Celanese Corp.

Roel Garcia, an analyzer technician for Hoechst Celanese Corporation, was terminated in 1997 following a knee surgery that resulted in permanent work restrictions. Garcia subsequently filed suit against Celanese and his supervisors for disability discrimination, negligence, fraud, defamation, and workers' compensation retaliation. The trial court granted summary judgment in favor of Celanese on all claims, prompting Garcia's appeal. The appellate court affirmed the trial court's decision, concluding that Celanese did not owe the alleged duties for negligence, that the defamatory statements were true, that Garcia did not meet the definition of 'disabled' under the Texas Commission on Human Rights Act, and that no causal link was established for the workers' compensation retaliation claim. The court also upheld the denial of Garcia's motion for a new trial.

Disability DiscriminationWorkers' Compensation RetaliationNegligence ClaimDefamation ClaimSummary Judgment AppealAt-Will EmploymentPermanent Work RestrictionsKnee InjuryEmployer LiabilityMedical Evaluation Report
References
66
Case No. 533993
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Francisca Garcia (Garcia (dec'd), Miguel)

Claimant Francisca Garcia appealed a Workers' Compensation Board decision disallowing her claim for death benefits. Her spouse, Miguel Garcia, a World Trade Center volunteer, died in 2016 from conditions established in his prior workers' compensation claim. Garcia filed for death benefits in 2020, which the Board ruled untimely under Workers' Compensation Law § 28. The Board also determined that Workers' Compensation Law Article 8-A did not apply to a death benefits claim. The Appellate Division affirmed the Board's decision, holding that Article 8-A's exception to the two-year filing rule applied to the participant's disablement claim, not to a separate death benefits claim filed by a non-participant, thus the claim was barred by Workers' Compensation Law § 28. A dissenting opinion argued that Workers' Compensation Law § 163, by mentioning "injury or death," indicated Article 8-A's applicability to death benefits, suggesting the matter be remitted to address causation and timely filing.

Death Benefits ClaimWorld Trade Center VolunteerWorkers' Compensation Law § 28TimelinessStatutory InterpretationArticle 8-ALatent ConditionsPosttraumatic Stress DisorderGastroesophageal Reflux DiseaseObstructive Sleep Apnea
References
12
Case No. 93
Regular Panel Decision
Nov 20, 2025

In the Matter of the Claim of Francisca Garcia

Francisca Garcia, spouse of deceased volunteer Miguel Garcia, filed a death benefits claim more than two years after his death in July 2016. Miguel Garcia had received lifetime benefits for health conditions contracted while volunteering in the 9/11 World Trade Center recovery efforts. The Workers' Compensation Board (WCB) and Appellate Division disallowed the claim as untimely under Workers' Compensation Law § 28, which sets a two-year statute of limitations for death benefits. The central legal question was whether Workers' Compensation Law § 168, which extends filing periods for 'participants' in WTC recovery, applies to claims by survivors. The Court of Appeals affirmed the lower court's decision, holding that § 168's language, referring explicitly to 'a claim by a participant,' does not extend to claims made by beneficiaries, thus the claim remains barred by § 28.

Death Benefits ClaimWTC Volunteer9/11 Recovery WorkersStatute of Limitations ExtensionWorkers' Compensation Law Article 8-ASurvivor's Claim TimelinessParticipant DefinitionLegislative Intent InterpretationUntimely Filing DisallowanceAppellate Division Affirmation
References
3
Case No. 2007-3856
Regular Panel Decision

FERNANDO GARCIA v. MVT Services, Inc.

The case involves Jesus Fernando Garcia and Maria de Lourdes Garcia (Plaintiffs) suing MVT Services, Inc. (Defendant) and other entities for the wrongful death of their son. The Plaintiffs initially filed in Texas state court, but the case was removed to federal court by MVT Services. The core issue is the timeliness of the removal by MVT Services. The Court found that MVT Services received "other paper" (a settlement agreement with the non-diverse defendant in October 2007 and a demand letter for $750,000) that made the case removable much earlier than its May 2008 removal. Consequently, the Defendant's removal was deemed untimely, and the Plaintiffs' Motion to Remand was granted, returning the case to state court. The request for attorneys' fees was denied.

Motion to RemandTimeliness of RemovalDiversity JurisdictionAmount in ControversyNon-diverse PartiesVoluntary Act of PlaintiffOther Paper RuleFederal Question JurisdictionState Court ActionWrongful Death
References
15
Case No. 03-1956
Regular Panel Decision

Garcia v. Scoppetta

Plaintiff Michele Garcia, a member of a subclass in Nicholson v. Williams, sued officials and employees of the Administration for Children’s Services (ACS) and the City of New York under 42 U.S.C. § 1983 for malicious prosecution. She alleged constitutional violations stemming from child protective proceedings initiated against her maliciously and without probable cause. Defendants moved to dismiss based on res judicata or, alternatively, qualified immunity for individual defendants. The court ruled that Garcia's malicious prosecution claim was not precluded by her prior suit (Garcia I) because the operative facts giving rise to the claim arose after Garcia I was filed and terminated. However, the court granted qualified immunity to the individual defendants, concluding that the law regarding the definition of a 'neglected child' and the justification for initiating neglect proceedings was not clearly established at the time of their actions, especially given pending certified questions to the New York Court of Appeals in Nicholson v. Scoppetta. The City's motion to dismiss was denied, and the court also denied certification for interlocutory appeal for both decisions.

Child Protective ProceedingsMalicious ProsecutionRes JudicataQualified ImmunityFederal Civil RightsDue ProcessFamily Court ActDomestic ViolenceChild NeglectSecond Circuit
References
40
Case No. MISSING
Regular Panel Decision

International Elevator Co. v. Garcia

This appeal involves International Elevator Company, Inc. contesting an order overruling its special appearance, with Samuel Garcia Sr. and Maria Garcia as appellees. Reliance Insurance Company intervened as a subrogated workers' compensation insurer. A stay of proceedings was imposed because Reliance was designated an "impaired insurer" under the Texas Insurance Code. The court affirmed that Reliance, as a subrogated intervenor, qualifies as a party under the relevant Insurance Code statute. Consequently, the court ordered the appeal stayed until April 5, 2002, and denied any other pending motions for relief.

Special AppearanceSubrogationWorkers' Compensation InsurerImpaired InsurerStay of ProceedingsTexas Insurance CodeTexas Labor CodeAppellate ProcedureInterventionParty Status
References
2
Case No. MISSING
Regular Panel Decision

Garcia v. Petrakis

This case concerns an appeal regarding a personal injury claim filed by Roberto Garcia and his wife against Peter Petrakis, the owner of a house where Garcia was injured in a fall. Initially, Petrakis was granted summary judgment, but this was later vacated upon renewal. The Appellate Division reversed the decision to vacate, thereby reinstating summary judgment in favor of Petrakis. The court found that Petrakis, as a one- or two-family homeowner, did not direct or control Garcia's work and lacked actual or constructive notice of any unsafe condition, thus exempting him from liability under Labor Law §§ 200, 240, and 241, and common-law negligence.

Personal InjurySummary JudgmentLabor LawOwner LiabilityConstruction AccidentLadder FallNegligenceAppellate ReviewHomeowner ExemptionNew York State Law
References
10
Case No. MISSING
Regular Panel Decision

Garcia v. Aetna Casualty & Surety Co.

Juan V. Garcia sued Aetna Casualty & Surety Company for workers' compensation under the Workmen’s Compensation Law after being injured during his employment. Garcia appealed the court's decision, which limited him to a fifteen percent partial incapacity instead of the twenty-five percent partial incapacity found by the jury. The appellate court agreed that Garcia's pleading for total incapacity for eight weeks was broad enough to cover the jury's finding of twenty-five percent partial incapacity. Consequently, the judgment was reformed to award Garcia compensation for a twenty-five percent incapacity for eight weeks. Additionally, Garcia complained that he was not allowed to explain that he worked out of economic necessity post-accident, but the court found this exclusion harmless as similar evidence was presented.

Workmen’s Compensation LawPartial IncapacityEconomic NecessityJury FindingsJudgment ReformAppellate ReviewInjury CompensationPleading SufficiencyHarmless ErrorEmployment After Injury
References
6
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