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

Case No. MISSING
Regular Panel Decision

Lay v. Scott County Sheriff's Department

Jerry Brandon Lay, a deputy sheriff for Scott County Sheriff's Department, was injured in an automobile accident in October 2000, sustaining neck, shoulder, arm, and back injuries. He underwent surgery for a bulging disc and was rated with a 13% whole body disability, reaching maximum medical improvement in January 2002. After initially returning to the Sheriff's Department at the same pay, Lay voluntarily resigned for a higher-paying job, only to be rehired by the Sheriff's Department at a lower wage after his surgery. The trial court awarded Lay 60% permanent partial disability, believing the 2.5 times impairment rating statutory cap did not apply as he was not returned to the same position at the same wage. The Supreme Court reversed this decision, asserting that the 2.5 times cap applies when an employee has a meaningful return to work and resigns for reasons unrelated to the injury, regardless of later returning at a lower wage. Consequently, Lay's award was modified to 32.5% permanent partial disability, which is 2.5 times his 13% impairment rating.

Workers' CompensationPermanent Partial DisabilityMeaningful Return to WorkStatutory CapsVoluntary ResignationWage DiscrepancySpinal InjuryMedical Impairment RatingAppellate ReviewTennessee Law
References
11
Case No. 07-18-00324-CV
Regular Panel Decision
Feb 27, 2019

David Sloan Federal Public Defender's Office, Lubbock, Texas Greg Abbott, Governor of the State of Texas Ken Paxton, Attorney General of the State of Texas Steven C. McCraw, Director, Texas Department of Public Safety Sheriff Cliff Harris, Pecos County Pecos County Sheriff's Department v. John Alan Conroy

Steven C. McCraw, Director of the Texas Department of Public Safety (DPS), appealed the denial of a plea to the jurisdiction in a case brought by John Alan Conroy. Conroy, a pro se inmate, sought electronic recordings of an interrogation related to a federal child pornography conviction and $20,000,000 in damages for alleged constitutional rights violations under the Texas Constitution. McCraw argued sovereign immunity barred Conroy's claims for monetary damages. The Court of Appeals construed Conroy's petition as a suit for a writ of mandamus under the Texas Public Information Act (PIA) regarding the disclosure of the recordings, which is not barred by sovereign immunity. The court affirmed the denial of McCraw's plea to the jurisdiction regarding the mandamus action but modified the order to dismiss Conroy's claim for monetary damages due to sovereign immunity.

Sovereign ImmunityPublic Information ActMandamusDue ProcessTrial Court JurisdictionAppellate ReviewTexas Government CodeTexas Family CodePro Se LitigantDeclaratory Judgment
References
13
Case No. Docket No. 2015-02-0077, State File No. 24786-2015
Regular Panel Decision
Sep 04, 2015

MacDonald, Michael v. Greene County Sheriffs Department

This interlocutory appeal concerns a sheriff's deputy, Michael MacDonald, who sustained a work-related left ankle injury, followed by a right ankle injury at home. He claimed the second injury was a direct consequence of the first, a position supported by the panel physician. The employer, Greene County Sheriff’s Department, denied compensability for the right ankle injury, arguing it was outside the scope of employment. The trial court, after consolidating the cases and reviewing the file, ruled in favor of MacDonald, awarding medical and temporary disability benefits. The employer appealed, questioning the trial court's authority for an expedited hearing and contesting the benefit award, but the Appeals Board affirmed the trial court's order.

Workers' Compensation AppealAnkle InjuryWork-Related InjurySubsequent InjuryDirect and Natural ConsequenceCompensabilityExpedited HearingTemporary Disability BenefitsMedical BenefitsWaiver of Issue
References
3
Case No. 03-00-00398-CV
Regular Panel Decision
Jan 11, 2001

Burnet County Sheriff's Department and Burnet County, Texas v. Zarina Carlisle

Zarina Carlisle, a senior correctional officer, sued Burnet County Sheriff's Department and Burnet County for wrongful termination under the Texas Whistleblower Act, alleging retaliation for reporting unprofessional conduct by her supervisor, Captain Wendell Gilmore. Carlisle reported Gilmore's cursing and 'bad-mouthing' to Sheriff Joe Pollack, believing it violated county personnel policies and constituted disorderly conduct under the Texas Penal Code. Burnet County filed a plea to the jurisdiction, arguing that Carlisle failed to allege a 'violation of law' sufficient to waive sovereign immunity. The appellate court agreed, finding that internal personnel policies do not constitute a 'law' under the Whistleblower Act unless promulgated pursuant to a statute or ordinance, which was not established. Furthermore, Carlisle's allegations did not meet the elements for disorderly conduct. The court concluded that Carlisle failed to plead a cause of action sufficient to invoke the Act's waiver of sovereign immunity, reversing the district court's denial of Burnet County's plea to the jurisdiction.

Wrongful TerminationWhistleblower ActSovereign ImmunityPlea to the JurisdictionPublic EmployeeViolation of LawPersonnel PolicyDisorderly ConductTexas Court of AppealsAbuse of Authority
References
43
Case No. 03-01-00159-CV
Regular Panel Decision
Aug 08, 2002

Carolyn Barnes, Individually and as Next Friend of William Zimmer Barnes and Charles Austin Lee Bednorz v. Calvin R. Sulak Lt. Wayne Lock Sgt. Ralph Fisher R.C. Nichols And Williamson County Sheriff's Department

Carolyn Barnes appealed a summary judgment related to her claims against the Williamson County Sheriff's Department and its employees following her arrest in 1997. She alleged violations of common-law, statutory, and constitutional provisions during her arrest and jailing. The court affirmed the take-nothing judgment against Barnes's claims, primarily due to her failure to timely file a summary-judgment response and present evidence. However, the court reversed the award of attorney's fees as sanctions against Barnes, concluding that there was no evidence her lawsuit was groundless, brought in bad faith, or to harass.

Summary JudgmentAbuse of DiscretionAppellate ReviewTimelinessDiscovery DisputesSanctionsRule 13Qualified ImmunityNo-Evidence Summary JudgmentProcedural Issues
References
40
Case No. MISSING
Regular Panel Decision

Mitchell v. Essex County Sheriff's Department

Petitioner, a Deputy Sheriff, was denied an unconditional return to work after claiming medical instability and being diagnosed with bipolar disorder. He filed a CPLR article 78 petition seeking to compel compliance with Civil Service Law § 72 and restore benefits, arguing his disability was occupational. The Supreme Court dismissed the petition, ruling that mandamus to compel did not apply as Civil Service Law § 72 excludes occupational injuries, and the proceeding was barred by the statute of limitations. The appellate court affirmed the dismissal, concurring that Civil Service Law § 72 was inapplicable and the action was untimely.

Workers' CompensationCPLR Article 78Civil Service LawGeneral Municipal LawMandamusStatute of LimitationsBipolar DisorderMental DisabilityOccupational InjurySheriff's Department
References
8
Case No. MISSING
Regular Panel Decision
Sep 25, 1975

Alberti v. Sheriff of Harris County, Texas

This Memorandum and Opinion addresses severe and inhumane overcrowding and substandard conditions in Harris County detention facilities. The court finds that the Harris County Commissioners Court and Sheriff's Department have failed to comply with federal and state law, as well as a prior Consent Judgment, resulting in constitutional violations for inmates. Key issues include inadequate physical space, poor sanitation, insufficient medical and psychiatric care, understaffing, and a failing Pre-Trial Release Agency hampered by commercial bail bondsmen. The court orders significant reforms, including transferring the Pre-Trial Release Agency's operational control to state District Judges, implementing an objective pre-trial release system, streamlining criminal justice procedures, and mandating comprehensive improvements in jail conditions, staff training, and inmate classification. An Ombudsman is established to monitor compliance, and detailed reporting requirements are set for the defendants.

OvercrowdingPre-Trial Release ReformInmate Constitutional RightsJail Conditions LitigationCriminal Justice System ImprovementHarris County Detention FacilitiesJudicial OversightBail ReformMedical Screening InmatesPsychiatric Care Inmates
References
33
Case No. 525286
Regular Panel Decision
Dec 06, 2018

Matter of Karam v. Rensselaer County Sheriff's Dept.

James J. Karam, a former Lieutenant with the Rensselaer County Sheriff's Department, appealed decisions by the Workers' Compensation Board that denied his claim for benefits, ruling he did not suffer a causally-related mental injury. Karam alleged work-related posttraumatic stress disorder and major depressive disorder stemming from a stressful and discriminatory work environment. The Board affirmed the disallowance, concluding Karam did not experience stress beyond that of a normal work environment and finding his testimony incredible. The Appellate Division affirmed the Board's decisions, upholding its factual findings and credibility assessments, and finding no error in the denial of reconsideration.

Mental InjuryPosttraumatic Stress DisorderMajor Depressive DisorderWorkplace StressCredibility AssessmentAppellate ReviewWorkers' Compensation Board DecisionAdministrative LawEmployment DiscriminationHarassment Claims
References
14
Case No. W2010-01343-COA-R3-CV
Regular Panel Decision
Nov 10, 2010

Kevin Millen v. Shelby County Sheriff's Department

Kevin Millen, after losing a worker's compensation appeal and being assessed court costs, had his car attached and sold by the Shelby County Sheriff's Office. He subsequently filed a lawsuit against the Sheriff's Office, alleging carjacking. The trial court dismissed Millen's complaint, and the Court of Appeals affirmed the dismissal. The appellate court found Millen's legal arguments largely incomprehensible and held that governmental immunity had not been removed to allow a suit against the Sheriff's Office. Furthermore, it noted that claims against state employees would fall under the exclusive jurisdiction of the Tennessee Claims Commission.

Appellate ProcedureGovernmental ImmunityWrit of ExecutionSheriff's SalePersonal Property ExemptionPayment PlanPro Se LitigationDismissal of ComplaintSovereign ImmunityTennessee Governmental Tort Liability Act
References
12
Case No. 13-02-230-CV
Regular Panel Decision
Nov 27, 2002

Nueces County and Larry Olivarez, Sheriff v. Gayle C. Ferguson

Gayle Ferguson, an employee of the Nueces County Sheriff's Department, filed a grievance after being denied a training officer position in 1996, which was awarded to Stanley Repka despite the Civil Service Commission ruling in Ferguson's favor. Subsequently, Ferguson was terminated in 2001 and appealed this decision, resulting in a reduction to a ninety-day suspension by the Commission. Ferguson then amended his lawsuit against Nueces County and Sheriff Larry Olivarez, seeking various forms of relief including placement in the training officer position, reinstatement, back pay, and damages for intentional infliction of emotional distress and negligent violation of employment policies. The appellants, Nueces County and Sheriff Larry Olivarez, filed a plea to the jurisdiction, arguing sovereign immunity and Ferguson's failure to comply with statutory appeal requirements. The trial court denied this plea, leading to the current interlocutory appeal where the appellate court reversed and rendered the trial court's order, dismissing Ferguson's claims for lack of subject matter jurisdiction due to sovereign immunity.

Sovereign ImmunityPlea to the JurisdictionInterlocutory AppealEmployment LawCivil Service CommissionPublic Official ImmunityDamagesIntentional Infliction of Emotional DistressNegligent Employment PoliciesGovernmental Immunity
References
65
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