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

Case No. 03-01-00400-CV
Regular Panel Decision
Apr 11, 2002

Richard Wallace Pearce and Jesse Ray Blann v. City of Round Rock Round Rock Development Review Board Frank Del Castillo, in His Capacity as Member of the Round Rock Development Review Board Terry Hagood, in His Capacity as Member of the Round Rock Development Review Board

Appellants Richard Wallace Pearce and Jesse Ray Blann appealed the district court's judgment affirming the Round Rock Development Review Board's denial of their permit applications for seven outdoor advertising structures. The core issue was whether the structures qualified as 'signs' and were entitled to non-conforming use status under the City's ordinance, which became effective February 27, 1997. The Court of Appeals held that four of the structures were 'signs' due to having a surface capable of displaying text, despite not yet having advertising affixed, and were therefore entitled to non-conforming use. The court reversed and remanded the Board's decisions regarding these four structures. However, it affirmed the district court's judgment for the remaining three structures, which lacked such a surface, and also upheld the constitutionality of the City's sign ordinance against a takings claim.

ZoningOutdoor AdvertisingNon-conforming UsePermit DenialExtraterritorial JurisdictionAbuse of DiscretionStatutory InterpretationMunicipal OrdinanceTexas Court of AppealsProperty Rights
References
30
Case No. 03-02-00089-CV
Regular Panel Decision
Mar 27, 2003

Envoy Medical Systems, L.L.C. and Independent Review Incorporated v. State of Texas Greg Abbott, Attorney General of Texas And Jose Montemayor, Insurance Commissioner of Texas

Appellants Envoy Medical Systems, L.L.C. and Independent Review Incorporated appealed a trial court's judgment concerning the disclosure of certain records under the Public Information Act. The case originated from a request for information made to the Texas Department of Insurance related to appellants' applications for certification as Independent Review Organizations (IROs). The Attorney General had previously ruled that the requested information, including reviewer lists, contracts, and compensation, could not be withheld. Appellants argued that the information was 'confidential by law' and also excepted from disclosure under the commercial or financial information clause of the PIA. The appellate court reviewed for abuse of discretion and affirmed the trial court's judgment, concluding that appellants failed to meet their burden to prove an exception to disclosure applied.

Public Information ActDisclosure of RecordsIndependent Review OrganizationsConfidentialityCommercial InformationFinancial InformationAbuse of DiscretionAppellate ReviewInjunctive ReliefAdministrative Law
References
12
Case No. 2022 NY Slip Op 01011
Regular Panel Decision
Feb 16, 2022

Hamm v. Review Assoc., LLC

The plaintiff, Peter Hamm, an employee, sustained injuries after falling from a ladder while servicing a security system at premises owned by Review Associates, LLC and leased by Fresh Direct, LLC. He initiated a personal injury action alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The Supreme Court initially granted summary judgment to the defendants, dismissing the complaint. On appeal, the Appellate Division modified this order, denying summary judgment for the Labor Law § 240(1) claim against both defendants due to triable issues of fact regarding whether the work constituted "repairs" or "routine maintenance." Additionally, the court denied summary judgment for the common-law negligence and Labor Law § 200 claims against Fresh Direct, LLC, as it failed to establish a lack of notice regarding the defective ladder. The court affirmed the dismissal of the Labor Law § 241(6) claim against both defendants and the common-law negligence and Labor Law § 200 claims against Review Associates, LLC.

Personal InjuryLadder AccidentLabor Law § 240(1)Labor Law § 200Common-law NegligenceSummary JudgmentAppellate DivisionDuty to Maintain Safe PremisesRoutine Maintenance vs. RepairDangerous Condition
References
44
Case No. 2015-07-0089
Regular Panel Decision
Dec 11, 2015

Duck, Melissa v. Cox Oil Co.

The employee, Melissa Duck, sought an expedited hearing for medical benefits following a fall at her workplace, Cox Oil Co., claiming injuries occurred in the course and scope of her employment. The employer contended that Ms. Duck had quit moments before her fall, thus severing the employment relationship. The Court, reviewing the case solely on submitted documents, analyzed whether an employee leaving the premises immediately after quitting is still covered under workers' compensation law. Citing various legal precedents, the Court determined that an employee remains in the course and scope of employment for a reasonable period while exiting the premises after termination. Consequently, the Court found Ms. Duck likely to prevail and granted her request for medical benefits, ordering Cox Oil Co. to provide a panel of physicians for her evaluation.

Workers' CompensationMedical BenefitsCourse of EmploymentScope of EmploymentEmployee TerminationPremises LiabilityExpedited HearingGibson CountyTennesseeSlip and Fall
References
17
Case No. 01-08-00473-CV
Regular Panel Decision
Jul 23, 2009

Expo Motorcars, LLC. v. Harris County Appraisal District, Harris County Appraisal Review Board

Expo Motorcars, L.L.C. challenged the trial court’s summary judgment in favor of Harris County Appraisal District (HCAD) and Harris County Appraisal Review Board. Expo contested the constitutionality and application of Texas Tax Code sections 23.121(b) and 41.44(a)(1) regarding the valuation of its motor vehicle inventory for tax years 2004 and 2005. Expo argued it was denied meaningful due process review, presented uncontradicted evidence of actual value, and claimed the statutory formula violated the Texas Constitution. The appellate court affirmed the trial court's decision, finding that Expo's protest was untimely for 2004, the valuation method correctly used previous year's sales, and the tax code sections were constitutional as applied to Expo.

property taxmotor vehicle inventoryappraisaldue processTexas Tax Codeconstitutional challengesummary judgmenttax valuationstatutory interpretationappeal
References
4
Case No. 2016-01-0139
Regular Panel Decision
May 10, 2016

Brown, Bonnie v. Whole Foods Markets, Inc.

Employee Bonnie Brown filed a Petition for Benefit Determination (PBD) alleging a compensable spinal injury sustained on July 22, 2015, in the course and scope of her employment as a food preparer for Whole Foods Markets, Inc. The disputed issues included the employer's failure to provide a proper panel of back specialists/neurosurgeons and to provide requested discovery documents. Ms. Brown subsequently filed a Request for Expedited Hearing, seeking to resolve these discovery issues based on a review of the file without an evidentiary hearing. However, the Workers' Compensation Judge, Thomas Wyatt, denied the expedited hearing request. The Court determined that Tennessee Workers' Compensation Law, specifically Tennessee Code Annotated section 50-6-239, does not permit discovery disputes to be addressed through an expedited hearing. Instead, discovery disputes must be adjudicated upon the review of written motions and affidavits, and Ms. Brown was advised to utilize standard discovery procedures and potentially file a motion to compel if necessary. A Status Conference was set for June 7, 2016.

Expedited Hearing RequestDiscovery DisputesWorkers' Compensation LawSpinal InjuryPetition for Benefit DeterminationDenial of RequestProcedural RulesStatus ConferenceAppeals BoardTennessee Law
References
2
Case No. 11-06-00048-CV
Regular Panel Decision
Sep 21, 2006

Midland Central Appraisal District and Midland County Appraisal Review Board v. Plains Marketing, L.P., a Texas Limited Partnership, and Plains Marketing GP Inc., General Partner

This ad valorem tax suit involves Plains Marketing, L.P. appealing the tax assessment on its crude oil inventory accounts. The Midland Central Appraisal District and Midland County Appraisal Review Board challenged the trial court's jurisdiction, asserting that Plains failed to exhaust administrative remedies. The trial court denied their challenge. The Eleventh Court of Appeals affirmed the trial court's decision, ruling that Plains had sufficiently exhausted its administrative remedies because the exemption claim was thoroughly discussed and determined by the Appraisal Review Board, despite initial protest notice deficiencies. The core issue revolved around whether oil stored in tank farms for future delivery constituted taxable inventory or was exempt under the Interstate Commerce Clause.

Property TaxAd ValoremAdministrative RemediesJurisdictionExhaustion DoctrineInterstate CommerceOil InventoryAppraisal Review BoardTexas LawAppellate Review
References
35
Case No. 14-08-00493-CV
Regular Panel Decision
Jun 21, 2009

BACM 2002 PB2 Westpark Dr LP, Houston Parkwest Place Ltd, as the Property Owners and the Property Owners v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District

This appeal concerns a lawsuit where a former property owner initiated judicial review of an ad valorem tax valuation protest by the county appraisal district. A subsequent property purchaser was later included as a plaintiff. The appraisal district challenged the plaintiffs' standing through a plea to the jurisdiction, leading the trial court to dismiss the suit. The appellate court affirmed this dismissal, concluding that neither the initial property owner (BACM 2002 PB2 Westpark Dr. LP) nor the subsequent owner (Houston Parkwest Place Ltd.) possessed the requisite standing to pursue judicial review. Consequently, the trial court was found to lack subject-matter jurisdiction over the dispute.

Property TaxAd Valorem TaxJudicial ReviewStanding DoctrineSubject-Matter JurisdictionPlea to the JurisdictionTexas Tax CodeTexas Rule of Civil Procedure 28Appellate ProcedureProperty Ownership
References
30
Case No. MISSING
Regular Panel Decision

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
Case No. 03-06-00675-CV
Regular Panel Decision
Jan 13, 2010

Texas Mutual Insurance Company v. Michael M. Stelzer, D.C. and Texas Workers' Compensation Commission

This administrative appeal addresses whether the Texas Workers' Compensation Commission (TWCC) erred in deferring to the Texas Board of Chiropractic Examiners's (TBCE) determination that "needle EMG" is within the scope of chiropractic practice. Appellant, Texas Mutual Insurance Company, denied reimbursement for a needle EMG procedure performed by appellee, Michael M. Stelzer, D.C., arguing it was outside the authorized scope of chiropractic practice. The Independent Review Organization, the TWCC's Medical Review Division, and an Administrative Law Judge all upheld reimbursement, citing the TBCE's prior ruling. The district court affirmed these decisions. The Court of Appeals affirmed the district court's judgment, finding that the TWCC's interpretation to defer to the TBCE's scope-of-practice determination was not plainly erroneous or inconsistent with the Medical Fee Guideline.

Workers' CompensationMedical Fee DisputeScope of PracticeChiropracticNeedle EMGAdministrative LawJudicial ReviewTexas Court of AppealsInsurance ReimbursementLicensing Board
References
6
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