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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

What Happened in Felix vs. Weber Metals Reconsideration?

The United States Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding whether a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond. Plaintiff Tri-State Employment Services, Inc., a PEO, provided employee leasing services to Team Star Contractors, Inc. for a construction project, covering payroll, taxes, and insurance. When Team Star failed to pay, Tri-State filed a claim with the surety, Mountbatten Surety Company, Inc., which was dismissed by the District Court. The New York Court of Appeals determined that a PEO's primary role as an administrative services provider and payroll financier creates a presumption that it does not provide labor for the purpose of a payment bond claim. The Court found that Tri-State failed to overcome this presumption by demonstrating sufficient direction and control over the workers. Consequently, the Court answered the certified question in the negative, ruling that Tri-State Employment Services, Inc. is not a proper claimant under the surety bond in the circumstances presented.

Professional Employer OrganizationSurety BondLabor and Materials BondClaimant StatusEmployee LeasingPayroll ServicesAdministrative ServicesConstruction ContractCertified QuestionNew York Law
References
16
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case involves an appeal by Jerry Wardlow, doing business as Armadillo Bail Bonds, a surety, against the State of Texas regarding a criminal bail bond forfeiture. The central issue is whether article 22.16(c)(2) of the Texas Code of Criminal Procedure, which delays final judgment against a bond for eighteen months in felony cases, violates the separation of powers doctrine of the Texas Constitution. The trial court had entered a final judgment before the expiration of the eighteen-month period, concluding the statute was unconstitutional. The appellate court affirmed the trial court's decision, agreeing that the legislative imposition of an eighteen-month delay in entering final judgment constitutes an unconstitutional interference with the judiciary's power, which includes the power to enter and execute judgments. The court reasoned that such a delay usurps judicial functions and renders the judicial branch powerless to administer justice without denial or delay.

Bail Bond ForfeitureSeparation of PowersJudicial PowerLegislative InterferenceTexas ConstitutionCode of Criminal ProcedureFinal Judgment DelayAppellate ReviewConstitutional LawJudicial Branch
References
9
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Plaintiff, a subcontractor for Massa Construction, Inc., initiated an action against defendant surety to secure payment on a labor and materials bond after Massa ceased payments due to alleged breaches by plaintiff. Defendant denied plaintiff's claim, asserting plaintiff materially breached its subcontract by failing to make pension contributions, provide releases, and obtain a separate payment bond. The Supreme Court granted plaintiff partial summary judgment on liability, which defendant appealed. The Appellate Division affirmed, finding plaintiff presented sufficient evidence of compliance and defendant failed to raise a triable issue of fact regarding a material breach. The court noted that alleged non-payments to suppliers only affected the subcontract price, not Massa's obligation to continue performance, and found no requirement for plaintiff to pay pension contributions to the Iron Workers District Council or obtain a separate payment bond from glaziers unions.

SubcontractorSurety BondPublic Improvement ProjectLabor and Materials BondPartial Summary JudgmentAppellate ReviewBreach of ContractPension ContributionsPayment ObligationsGlaziers Unions
References
17
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Drewery Construction Company, Inc. obtained a default judgment against Fidelity and Guaranty Insurance Company on a surety bond. Fidelity's motion for a new trial was denied by the trial court and affirmed by the court of appeals. On appeal, Fidelity raised three points for reversal: a minor omission in the citation, service of an original petition instead of an amended one, and the failure to establish the first Craddock element regarding the default being accidental or due to mistake. The Supreme Court found the first two points unpersuasive but agreed with Fidelity's third argument. The Court held that Fidelity's detailed affidavits, explaining the loss of service papers through their registered agent's system breakdown, were sufficient to establish that the default was not intentional or due to conscious indifference, thereby satisfying the first Craddock element. Consequently, the Supreme Court reversed the court of appeals' judgment and remanded the case for further proceedings.

Default JudgmentSurety BondMotion for New TrialService of ProcessCitation DefectsCraddock ElementsAccident or MistakeAppellate ReviewTexas Civil ProcedureDue Process
References
24
Case No. 2-04-233-CV
Regular Panel Decision
Jan 06, 2005

Can a WCJ Be Disqualified for Appearance of Bias?

Appellant Texas Mutual Insurance Company challenged a provision in a temporary injunction obtained by Appellee Surety Bank, N.A., alleging it constituted an unconstitutional prior restraint on speech. The temporary injunction prohibited Texas Mutual from communicating or implying to insurance agents or customers that Surety Bank was in financial trouble or unfit to finance insurance premiums. The Court of Appeals for the Second District of Texas in Fort Worth held that the challenged provision was unconstitutional under article one, section eight of the Texas Constitution, finding it to be an overly broad prior restraint on speech and not the least restrictive means to address the alleged harm. Consequently, the court modified the trial court's temporary injunction by deleting the offending provision and affirmed the injunction as modified.

Prior RestraintFreedom of SpeechTexas ConstitutionFirst AmendmentTemporary InjunctionCommercial SpeechBusiness DisparagementTortious InterferenceAppellate ReviewConstitutional Law
References
14
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

Patricia Rockoff purchased a home from AA Builders, LLC, which included a warranty from Bonded Builders Home Warranty Association of Texas (BBWG). After discovering structural defects, Rockoff filed claims against both AA Builders and BBWG, subsequently initiating a lawsuit. Both AA Builders and BBWG moved to compel arbitration based on the warranty's terms, but the trial court denied these motions. On interlocutory appeal, the appellate court reversed, affirming the validity and scope of the arbitration agreement. The court rejected arguments regarding the unconscionability of arbitrator selection and limitations on remedies, but remanded the case for the trial court to determine if the arbitration costs render the agreement substantively unconscionable after an arbitrator is appointed.

Interlocutory AppealArbitrationUnconscionabilityHome WarrantyConstruction DefectsFederal Arbitration ActTexas Deceptive Trade Practices ActContract LawProcedural UnconscionabilitySubstantive Unconscionability
References
54
Case No. 14-22-00298-CV
Regular Panel Decision
Mar 28, 2023

Why Was Removal Denied in Rush vs. California Correctional Institution?

This case involves an appeal of an administrative order revoking the insurance licenses of Carlyle T. Poindexter, Poindexter & Associates, Inc., and Surety One, Inc. The Texas Department of Insurance (the Department) alleged that the appellants overcharged the Maverick County Solid Waste Authority (MCSWA) for bond premiums by several hundred thousand dollars over six years. Following a contested case hearing before an administrative law judge (ALJ), the ALJ recommended revocation, which the Commissioner adopted. A Travis County district court affirmed this order. The Fourteenth Court of Appeals affirmed the trial court's judgment, concluding that substantial evidence supported the Commissioner's findings that the appellants willfully violated the Insurance Code by collecting unauthorized payments, and that the order was not arbitrary or capricious.

Insurance License RevocationSurety Bond OverchargingAdministrative Law AppealInsurance FraudAgent FeesUnfair Business PracticesWillful ViolationTexas Department of InsuranceMaverick CountyLexon Insurance Company
References
34
Case No. 04-24-00386-CV
Regular Panel Decision
Feb 26, 2025

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Edward Santos filed a lawsuit against Texas Mutual Insurance Company, Judy Bond, and Allstate County Mutual Insurance, alleging liability for his injuries being compensated through workers' compensation benefits, thereby limiting liability under other coverages. Texas Mutual and Bond challenged the trial court's denial of their pleas to the jurisdiction, arguing that the Texas Department of Insurance, Division of Workers' Compensation (the Division) had exclusive jurisdiction over Santos's claims. The Fourth Court of Appeals found that Santos's claims against Texas Mutual and Bond, predicated on the improper investigation, handling, or settlement of his workers' compensation claim, fell within the Division's exclusive jurisdiction, and he failed to exhaust administrative remedies. Consequently, the Court conditionally granted the petition for a writ of mandamus for Texas Mutual and Bond, directing the trial court to dismiss claims against them. However, the Court denied Allstate's petition, as Santos's claims against Allstate involved a liability claim against a non-workers' compensation carrier, which did not abrogate the Division's exclusive jurisdiction by re-litigating the course and scope of employment question.

MandamusWorkers' CompensationExclusive JurisdictionAdministrative RemediesPlea to the JurisdictionInsurance CodeDeceptive Trade Practices ActFraudConspiracyEmployer Liability
References
25
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The Plaintiffs, comprising ERISA funds and their trustees, sued Delta Plumbing and Heating Corporation for delinquent fringe benefits and later added New York Surety Company as a defendant on its bond. Following Delta's bankruptcy, New York Surety became the sole defendant and moved to dismiss the complaint for lack of subject matter jurisdiction. The defendant argued that a surety is not an 'employer' under ERISA and that the court lacked pendent party jurisdiction over the state-law claims. The court denied the motion, holding that the 'plain meaning' of ERISA's definition of 'employer' could extend to a surety that acts in the interest of an employer by guaranteeing contributions. Furthermore, the court found that under the legal framework applicable to this pre-1990 action, ERISA's statutory language did not confer pendent party jurisdiction.

ERISA EnforcementSurety LiabilityDelinquent ContributionsSubject Matter JurisdictionPendent Party JurisdictionStatutory ConstructionCollective BargainingMultiemployer Pension PlansEmployee Benefits SecurityFederal Jurisdiction
References
26
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Eastern Freight Ways and Eastern Express, both self-insured employers, faced bankruptcy and had outstanding workers' compensation claims. They were covered by various surety bonds which stipulated continuing responsibility for obligations arising both before and during the bond's term, with limited termination rights for future claims. The Workers’ Compensation Board ruled that the surety active at the time of the accident was liable, especially when multiple sureties covered a single claim. Appellants argued this ruling conflicted with Workers' Compensation Law § 50, which they claimed did not differentiate between surety bonds and posted securities. However, the court affirmed the Board’s decision, reasoning that the statute's primary goal is to ensure financial resources for compensation, the bond language established clear overlapping liability, and there's a fundamental distinction between tangible securities and a surety's financial guarantee.

Workers' CompensationSelf-insured EmployerSurety BondsBankruptcyOverlapping LiabilityStatutory InterpretationInsurance LawFinancial ResponsibilityAppellate ReviewNew York Law
References
1
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