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

Case No. 14-18-00274-CV
Regular Panel Decision
Mar 17, 2020

Dr. Louis Patino, D.C. Dr. Stephen Wilson, M.D. And Dr. Gary Craighead, D.C. v. Texas Department of Insurance-Division of Workers' Compensation Commissioner Cassandra J. Brown and Dr. Donald Patrick, in Their Official and Individual Capacities State Office of Administrative Hearings, Texas Chief Administrative Law Judge Cathleen Parsley in Her Official Capacity Tommy Broyles, in His Official Capacity The State of Texas And the Attorney General of the State of Texas

Three doctors, Patino, Wilson, and Craighead, appealed the dismissal of their claims against the Texas Department of Insurance-Division of Workers’ Compensation and other state entities. The doctors were excluded from the state's workers' compensation approved doctor list between 2004 and 2007, leading to administrative penalties and a subsequent lawsuit. The trial court dismissed their claims for lack of jurisdiction, asserting immunity. The appellate court affirmed the dismissal of claims challenging final agency orders due to unexhausted administrative remedies and collateral attack immunity. However, the court reversed the dismissal of the doctors' constitutional challenges to the Workers’ Compensation Act and ultra vires claims against the Commissioner, concluding these claims were properly pleaded and not barred by sovereign immunity.

Physician ExclusionAdministrative LawJudicial ReviewSovereign ImmunityUltra Vires ClaimsConstitutional ChallengeDue Process RightsProfessional LicensingGovernment RegulationTexas Labor Code
References
24
Case No. 01-03-00557-CV
Regular Panel Decision
Sep 10, 2004

State v. the City of Galveston

The State of Texas sued the City of Galveston for negligence after a municipal waterline ruptured under a state highway, causing damage the State had to repair. The City asserted governmental immunity from the negligence claim, and the trial court granted its plea to the jurisdiction, dismissing the case. On appeal, the First District of Texas Court of Appeals addressed whether a municipality enjoys governmental immunity from the State's lawsuit for negligence and actual damages. The court concluded that a municipality does not possess such immunity against the State, reasoning that municipal immunity derives from the State's own sovereignty. Therefore, the appellate court reversed the trial court's order and remanded the cause for further proceedings.

Governmental ImmunityMunicipal ImmunitySovereign ImmunityNegligenceActual DamagesPlea to JurisdictionHome-Rule CityPolitical SubdivisionAppellate ReviewState Lawsuit
References
35
Case No. 03-00-00603-CV
Regular Panel Decision
Jun 29, 2001

Daniel T. O'Dell v. Rick Perry, Governor of the State of Texas And John Cornyn, Attorney General for the State of Texas

Daniel T. O'Dell appealed from a trial court order that granted a plea to the jurisdiction filed by the appellees, Rick Perry, Governor of the State of Texas, and John Cornyn, Attorney General for the State of Texas. O'Dell's complaint was vague but appeared to allege a breach of contract related to electrical generator installation or repair in state-owned buildings. The appellate court affirmed the trial court's decision, citing the State's sovereign immunity which protects it from lawsuits for damages unless waived. The court noted that an administrative procedure established by the legislature is the exclusive method for resolving such breach of contract claims against the State. Additionally, the court addressed O'Dell's complaints regarding a jury trial and a worker's compensation issue, finding no error.

Breach of ContractSovereign ImmunityPlea to JurisdictionAppellate ProcedureState GovernmentTexas LawJury TrialWorker's Compensation IssueGovernment CodeLabor Code
References
12
Case No. 217 S.W.3d 466
Regular Panel Decision
Mar 09, 2007

City of Galveston v. State

The State of Texas sued the City of Galveston for damages to a state highway caused by a ruptured city water line. The City asserted governmental immunity, which the trial court granted. The court of appeals reversed, holding that cities have no immunity from suit by the State. The Supreme Court of Texas reversed the court of appeals' judgment and rendered judgment dismissing the State's claim. The Court held that the Legislature has not authorized the State to sue its cities for money damages, and the judiciary should not fill that gap, emphasizing that governmental immunity is a matter primarily for the Legislature to waive.

Governmental ImmunitySovereign ImmunityIntergovernmental DisputesCity LiabilityState AuthorityLegislative WaiverJudicial ReviewTexas LawTort ClaimsHome-Rule Cities
References
60
Case No. MISSING
Regular Panel Decision

Olveda v. United States

Plaintiff Mr. Olveda filed a Federal Tort Claim Action against the United States after being exposed to plutonium while employed by Dow Chemical Company, an independent contractor managing the Rocky Flats Plant in Colorado. The United States moved for summary judgment, asserting immunity as a 'statutory employer' under Colorado law. The court found that under Colorado Revised Statute § 8-48-101, the United States, by ensuring workmen's compensation insurance for Dow's employees (as an allowable cost under its contract with Dow), qualified as a statutory employer. This status grants immunity from common law tort suits. Citing various Colorado and federal precedents, the court affirmed that the 'statutory employer' doctrine applies to the United States in the same manner as a private individual. Therefore, Mr. Olveda is limited to his workmen's compensation claim, and the court granted summary judgment to the United States.

Federal Tort Claims ActStatutory EmployerWorkers' CompensationRadiation ExposurePlutonium ContaminationSummary JudgmentSovereign ImmunityIndependent ContractorColorado Law
References
22
Case No. 03-00-00282-CV
Regular Panel Decision
Nov 09, 2000

Gerald H. Laubach v. State Bar of Texas

Gerald H. Laubach appealed the district court's dismissal of his lawsuit against the State Bar of Texas. Laubach had sued the State Bar alleging improper handling of his grievance against an attorney and violations of disciplinary procedures, claiming damages from the misuse of tangible property related to his grievance. The State Bar asserted sovereign and statutory immunity, which the district court upheld. The Court of Appeals affirmed the dismissal, ruling that the Texas Tort Claims Act does not waive immunity for claims involving the negligent use of information in documents. Furthermore, the court noted that the State Bar and its agents are explicitly granted absolute immunity from suit for actions taken in the course of their official duties under Texas Rules of Disciplinary Procedure Rule 15.11.

Sovereign ImmunityStatutory ImmunityTexas Tort Claims ActGrievance ProcedureProfessional MisconductState Bar of TexasOrder of DismissalJudicial ImmunityGovernmental ImmunityTort Claim
References
12
Case No. MISSING
Regular Panel Decision

Iacampo v. State

This case concerns an appeal from a Court of Claims judgment finding the State of New York 70% responsible for injuries sustained by Luca Iacampo while employed by Santaro Industries, Inc. Iacampo and his employer were each found 15% responsible. The State appealed, challenging findings of common-law negligence, Labor Law violations, denial of qualified immunity, and the allocation of liability. The appellate court affirmed the judgment, confirming that the State had notice of unsafe work practices and the authority to control them, thus failing to provide a safe workplace. The court also upheld the apportionment of liability, finding the prior ruling reasonable and rejecting the State's contentions regarding Iacampo's sole negligence and qualified immunity.

NegligenceLabor LawWorkplace SafetyApportionment of LiabilityQualified ImmunityCommon-Law NegligenceCourt of ClaimsAppellate ReviewHighway ProjectIndustrial Code
References
11
Case No. 03-01-00340-CV
Regular Panel Decision
Aug 09, 2001

Rick Perry, in His Official Capacity as Governor of the State of Texas Henry Cuellar, in His Official Capacity as Secretary of State of the State of Texas v. Alicia Del Rio, Phyllis Dunham and Jeremy Wright

This case is an interlocutory appeal from the denial of a plea to the jurisdiction by the District Court of Travis County. Appellants, including the Governor, Lieutenant Governor, and Secretary of State of Texas, argued that they were not 'governmental units' for the purpose of interlocutory appeal and that the appellees' redistricting claims were not ripe. The Third District Court of Appeals at Austin affirmed the district court's order, holding that state officials acting in their official capacities are indeed 'governmental units' under the Civil Practice & Remedies Code. The court also found that the consolidated redistricting lawsuit was ripe for judicial consideration, particularly after the state legislature adjourned without enacting a new congressional redistricting plan. Lastly, the court clarified that a prior federal court's retained jurisdiction over 1990 census-based redistricting did not preclude state court jurisdiction over challenges based on the 2000 census.

Interlocutory AppealPlea to the JurisdictionGovernmental UnitRipeness DoctrineOfficial CapacityRedistrictingCongressional DistrictsJurisdictionTexas ConstitutionCivil Practice & Remedies Code
References
27
Case No. 15-25-00028-CV
Regular Panel Decision
May 27, 2025

Texas State University and Texas State University System v. Stuart Patrick Wilkinson

This case involves an expedited appeal concerning a Texas Whistleblower Act proceeding and free-speech retaliation claims. Appellee Stuart Patrick Wilkinson, a public employee, reported potential illegal software licensing and evidence spoliation by Appellants, Texas State University and Texas State University System, to the Federal Bureau of Investigation (FBI) and the Internal Audit Office. Following these whistleblower reports, Appellee alleges he suffered various adverse personnel actions, including denied promotions, reduced pay, and a hostile work environment, leading him to file suit after exhausting administrative remedies. The trial court denied the Appellants' plea to the jurisdiction, and Appellee requests the appellate court to affirm this denial, arguing his claims are not barred by sovereign immunity and his petition is sufficient.

Expedited AppealTexas Whistleblower ActFree Speech RetaliationSovereign ImmunityPlea to the JurisdictionPublic EmployeeAdverse Personnel ActionAdministrative RemediesTexas Government Code Chapter 554First Amendment
References
20
Case No. 03-97-00607-CV
Regular Panel Decision
May 29, 1998

Southwest Texas State University v. Ezekiel Enriquez

Ezekiel Enriquez sued Southwest Texas State University (SWT), alleging wrongful termination in retaliation for filing a workers' compensation claim. SWT moved for summary judgment based on sovereign immunity, which the trial court denied. On interlocutory appeal, the Texas Court of Appeals, Third District, at Austin, addressed whether the legislature clearly and unambiguously waived sovereign immunity for state agencies under the Anti-Retaliation Law. Citing City of LaPorte v. Barfield and Texas Dep't of Health v. Ruiz, the court found that Chapter 501 of the Labor Code, pertaining to state agencies, lacked an election-of-remedies provision similar to that found in Chapter 504 for political subdivisions. Consequently, the court concluded there was no clear waiver of sovereign immunity for state agencies in anti-retaliation actions. The court vacated the trial court's order and dismissed the cause for lack of jurisdiction.

Sovereign ImmunityWorkers' Compensation RetaliationState AgenciesJudicial ReviewStatutory InterpretationAppellate CourtTexas LawJurisdictionWrongful TerminationGovernmental Immunity
References
10
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