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

Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. 13-14-00293-CV
Regular Panel Decision
Feb 26, 2015

San Patricio County, Texas v. Nueces County, Texas and Nueces County Appraisal District

This is a reply brief filed by San Patricio County, Texas, in an appeal against Nueces County and Nueces County Appraisal District. The core issue revolves around unresolved boundary disputes between the two counties, leading to double taxation for industrial taxpayers like Occidental Petroleum Company. San Patricio County argues that the Nueces County District Court lacked jurisdiction and venue, and erred in granting summary judgment without determining the boundary line. They assert that the 2003 Judgment, which declared 'natural and artificial modifications to the shoreline of San Patricio County shall form a part of San Patricio County,' includes docks, piers, and similar facilities as part of their county, consistent with maritime law and riparian rights. The county seeks reversal of the trial court's decision, either for transfer back to a neutral Refugio County District Court, or for a judgment declaring the disputed properties within San Patricio County's jurisdiction, or for a remand to resolve factual issues concerning the boundary.

County Boundary DisputeJurisdictionVenueSummary JudgmentCollateral Attack2003 Judgment InterpretationShoreline ModificationsDocks and PiersRiparian RightsTaxation Dispute
References
23
Case No. MISSING
Regular Panel Decision

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. 13-07-005-CV
Regular Panel Decision
Jul 26, 2007

Pharr-San Juan-Alamo Independent School District v. Sandra Acosta

This appeal concerns a retaliatory discharge case filed by Sandra Acosta (appellee) against Pharr-San Juan-Alamo Independent School District (appellant). Acosta alleged she was terminated in violation of section 451.001 of the Texas Labor Code for filing a workers' compensation claim. The school district filed a plea to the jurisdiction, arguing sovereign immunity had not been waived. The trial court denied the plea and awarded $4,500 in sanctions to Acosta. The appellate court affirmed the trial court's decision, ruling that governmental immunity was indeed waived under Labor Code § 451.001 and Government Code § 311.034, thus subjecting school districts to such discrimination claims, and also found no abuse of discretion in the imposition of sanctions.

Sovereign ImmunityGovernmental Immunity WaiverRetaliatory DischargeWorkers' Compensation ClaimPlea to the JurisdictionTrial Court SanctionsAbuse of DiscretionTexas Labor CodeTexas Government CodeInterlocutory Appeal
References
7
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. ADJ7324170 ADJ9797150
Regular
Apr 19, 2016

BEVERLY BOLTON vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted the defendant County of San Bernardino's petition for reconsideration of a January 29, 2016 decision. The WCAB requires further study of the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to this reconsideration must be filed directly with the WCAB Commissioners in San Francisco, not with any district office or via e-filing. Any proposed settlements must be promptly communicated to the WCAB, as trial judges cannot act on them while reconsideration is pending.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management System (EAMS)WCJProposed SettlementRules of the Administrative Director
References
0
Case No. ADJ3362574
Regular
Oct 18, 2012

LAURA BIGGS vs. SAN BERNARDINO COUNTY MEDICAL CENTER, SAN BERNARDINO COUNTY

The Workers' Compensation Appeals Board (WCAB) dismissed Laura Biggs' Petition for Reconsideration in this case against San Bernardino County Medical Center and San Bernardino County. The dismissal was based on the WCAB's review of the record and adoption of the administrative law judge's report and recommendation. The report provided the reasoning for the dismissal, which the WCAB incorporated by reference. Therefore, the petition for reconsideration was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissalReport and RecommendationAdministrative Law JudgeSan Bernardino County Medical CenterLaura BiggsWorkers' Compensation CaseLegal DocumentCase Number
References
0
Case No. ADJ6720899
Regular
May 15, 2012

MELISSA ROSAS vs. CITY OF SAN BERNARDINO POLICE DEPARTMENT, CITY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied the City of San Bernardino Police Department's petition for reconsideration. The Board adopted the judge's report, which found the applicant, Melissa Rosas, sustained a compensable injury in the form of cancer. This decision was based on the applicant being a police officer exposed to known carcinogens and the presumption under Labor Code § 3212.1 not being rebutted by the defense. The judge found the applicant's treating physician's opinion on variable cancer latency periods more persuasive than the defense expert's.

Labor Code § 3212.1cancer presumptionpolice officercarcinogen exposurebenzenecigarette smokegasoline fumesauto accidentsvehicle firesresidence fires
References
1
Case No. 07-21-00058-CV
Regular Panel Decision
Jul 26, 2022

Samuel San Miguel v. Marsha McLane

Samuel San Miguel, a sexually violent predator civilly committed for treatment, filed a lawsuit in Lamb County's 154th District Court against Texas Civil Commitment Office (TCCO) employees. He alleged constitutional rights violations under 42 U.S.C. § 1983, specifically concerning denial of computer access, limited law library time, and his placement in a Secure Management Unit. The TCCO employees moved to dismiss, arguing that the Texas Health and Safety Code Chapter 841 mandated the lawsuit be heard in the original committing court, the 435th District Court of Montgomery County. The Lamb County court agreed and dismissed the suit without prejudice. On appeal to the Seventh District of Texas at Amarillo, San Miguel contended federal law preempted the state's jurisdictional requirements. The Court of Appeals, however, found no conflict between Chapter 841 and federal law, concluding that the state statute merely dictates the proper venue without hindering federal claims. Consequently, the appellate court affirmed the trial court's dismissal.

Civil CommitmentSexually Violent PredatorConstitutional RightsSection 1983Federal PreemptionState Court JurisdictionAppellate ProcedureInadequate BriefingDue ProcessEqual Protection
References
9
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