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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. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844)
Regular
Sep 09, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration regarding apportionment of temporary disability liability. The Board found that jurisdiction was not barred by the five-year statute of limitations, as the issue of temporary disability remained outstanding until settlement approval. The Board upheld its prior decision to apportion 94% of temporary disability to San Diego Unified and 6% to Novato Unified, based on the Agreed Medical Evaluator's opinion and party stipulations. San Diego Unified's arguments regarding jurisdiction and reliance on the AME's medical opinion were found to be without merit.

ApportionmentTemporary DisabilityPetition for ReconsiderationAgreed Medical Evaluator (AME)Stipulations and AwardsJurisdictionStatute of LimitationsContributionMedical OpinionPermanent Disability
References
6
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. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844) ADJ4224537 (SRO 0130138) ADJ4649631 (SRO 0140956)
Regular
Jun 21, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

This case involves apportionment of liability between two school districts for an applicant's industrial injuries. The Workers' Compensation Appeals Board granted reconsideration to clarify liability for temporary disability. The Board reversed the judge's finding, holding San Diego Unified School District responsible for 94% of temporary disability benefits after January 29, 2002, aligning with prior apportionment for medical treatment. The Board also deferred the issue of credit for Novato Unified's overpayment of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary DisabilityMedical TreatmentApportionmentAgreed Medical EvaluatorPermanent DisabilitySpecific InjuryCumulative Injury
References
4
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. ADJ123485
Regular
Aug 21, 2014

AUGUSTINE BARRAGAN vs. MISSION BUILDERS HOME IMPROVEMENT, LP, CALIFORNIA INSURANCE COMPANY, KUKLAKI, INC, VICTORIA STATHIS, SAN DIEGO ROOFING, INC, GARY LOUGIAKIS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves applicant Augustine Barragan against multiple defendants, including Mission Builders Home Improvement, LP and Kukliki, Inc. (dba San Diego Roofing), which are uninsured. The Workers' Compensation Appeals Board (WCAB) issued an Opinion and Order Granting Petition for Reconsideration. Pending a Decision After Reconsideration, all future filings and communications must be submitted in writing directly to the WCAB Commissioners' Office in San Francisco, not to any district office or via e-filing.

Augustine BarraganMission Builders Home Improvement LPCalifornia Insurance CompanyKuklaki Inc.San Diego Roofing Inc.uninsuredVictoria StathisGary LougiakisUninsured Employers Benefits Trust FundPetition for Reconsideration
References
0
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. Nos. 01-04-01277-CV to 01-04-01287-CV; 01-04-01326-CV to 01-04-01333-CV
Regular Panel Decision
Jan 26, 2006

Jim Wells County v. EL PASO PRODUCTION OIL

This case involves multiple Texas counties and school districts (Taxing Units) alleging fraud and conspiracy against numerous oil and gas companies (Oil Companies). The Taxing Units claimed the Oil Companies undervalued oil and gas reserves for ad valorem tax purposes through various manipulative schemes, leading to underpayment of taxes. The trial court dismissed the lawsuits due to lack of subject-matter jurisdiction, asserting that the Taxing Units failed to exhaust administrative remedies available under the Texas Tax Code. The Court of Appeals affirmed the dismissal, holding that the Tax Code provides a comprehensive and exclusive regulatory scheme for addressing property appraisal disputes, including those involving alleged fraud, through the Appraisal Review Board, thereby divesting district courts of original jurisdiction.

Property TaxAd Valorem TaxOil & GasFraudConspiracyUndervaluationExclusive JurisdictionAdministrative RemediesAppraisal Review BoardTax Code
References
17
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