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

Case No. 03-13-00790-CV
Regular Panel Decision
Feb 06, 2015

T. Mark Anderson, as Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor of the Estate of Ted Anderson//Cross-Appellants, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. Richard T. Archer, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer//Cross-Appellees, T. Mark Anderson, Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor

This case involves a tortious interference with inheritance lawsuit. Richard T. Archer and family (Appellees/Cross-Appellants) sued T. Mark Anderson and Christine Anderson (Appellants/Cross-Appellees), co-executors of Ted M. Anderson's estate. The Archers alleged that Ted Anderson tortiously interfered with their inheritance from John R. 'Jack' Archer by causing Jack, after a debilitating stroke that left him mentally incapacitated, to sign new estate planning documents that disinherited the Archers in favor of charities. The Archers incurred significant attorney's fees and settlement costs in prior litigation to reinstate Jack's original estate plan, which favored them. A jury found Ted Anderson liable for tortious interference and awarded damages, which the district court modified to include an additional settlement amount with charities. The appellees are now seeking to affirm the liability finding and modify the damage award on cross-appeal.

Tortious Interference with InheritanceEstate Planning DisputeMental IncapacityUndue InfluenceFiduciary Duty BreachGuardianship ProceedingWill ContestAttorney's Fees as DamagesPrejudgment InterestAppellate Review
References
78
Case No. 2018 NY Slip Op 00113 [157 AD3d 474]
Regular Panel Decision
Jan 09, 2018

Serrano v. TED Gen. Contr.

In this case, plaintiff Pedro Serrano sustained injuries after falling from a sidewalk shed while moving sheetrock at a construction site. The Supreme Court initially denied the plaintiffs' motion for partial summary judgment on Labor Law 240 (1) liability. However, the Appellate Division, First Department, reversed this decision, finding the plaintiffs were prima facie entitled to summary judgment. The court clarified that the lack of other witnesses did not undermine the plaintiff's credibility and dismissed the defendant's speculative expert report. Additionally, the Appellate Division affirmed that TED General Contractor was the general contractor with control over the project and that Serrano qualified as a protected worker under the Labor Law.

Summary judgmentLabor Law 240 (1)Sidewalk shed accidentFall from heightConstruction site injuryGeneral contractor liabilityPrima facie entitlementExpert report speculationAppellate DivisionWorker protection
References
5
Case No. 09-24-00169-CV
Regular Panel Decision
May 15, 2025

Texas State Technical College System v. Ted H. Donavan

Ted H. Donavan sued Texas State Technical College System (TSTC) for employment discrimination under the Texas Commission on Human Rights Act (TCHRA), alleging disability discrimination, failure to accommodate, and retaliation. The trial court initially granted TSTC's motion to dismiss the retaliation claim but denied it for disability discrimination and failure to accommodate. On appeal, the Court of Appeals considered whether Donavan established a prima facie case of disability discrimination and whether TSTC's reason for termination was a pretext. The court determined that TSTC presented a legitimate, non-discriminatory reason for termination (sleeping on the job), which Donavan failed to prove was pretextual or that his disability was the "but-for" cause. Furthermore, Donavan failed to timely notify TSTC of his disability and suggest reasonable accommodations. Consequently, the appellate court reversed the trial court's denial of TSTC's plea to the jurisdiction and rendered judgment dismissing Donavan's claims.

Employment DiscriminationDisability DiscriminationFailure to AccommodateRetaliation ClaimTexas Commission on Human Rights ActSovereign ImmunityPlea to JurisdictionMotion for Summary JudgmentMcDonnell Douglas FrameworkPretext for Discrimination
References
40
Case No. 06-99-00175-CV
Regular Panel Decision
Aug 01, 2000

the Travelers Insurance Company v. Ted R. Wilson and Clem C. Martin, D.C.

The Travelers Insurance Company appealed a jury verdict that awarded Ted R. Wilson and his chiropractor, Clem C. Martin, D.C., $120,621.27 for unpaid chiropractic services under a workers' compensation policy. Travelers raised points of error concerning the jury charge's language ('cure or relieve' versus 'cure and relieve'), the legal and factual sufficiency of the evidence for the award amount, and the trial court's preclusion of Dr. John Milani's expert testimony. The appellate court found no reversible error, affirming the trial court's judgment.

Workers' CompensationChiropractic CareMedical ExpensesJury InstructionsStatutory InterpretationSufficiency of EvidencePrejudgment InterestExpert TestimonyAbuse of DiscretionAppellate Review
References
22
Case No. 03-07-00635-CV
Regular Panel Decision
May 01, 2009

Gary Beck Law Insurance Agency F/K/A the G. Beck Company D/B/A the Beck Company The Beck Benefits Company And John Mueller's Barbecue, Inc. v. the Law Offices of Edwin J. Ted Terry, Jr., P.C. John Ott, as Representative of the Estate of Edwin J. Ted Terry, Jr., James A. Vaught And Karl E. Hays

This case involves an appeal by Gary G. Beck and his companies against his former divorce attorneys, asserting claims of professional negligence, breach of fiduciary duty, DTPA violations, and breach of contract. Beck alleged the attorneys mishandled his divorce settlement, particularly regarding the characterization and division of corporate assets, and failed to disclose attorney Ted Terry's alleged alcohol and substance abuse issues. The district court granted summary judgment on the non-negligence claims and a jury found no professional negligence. The appellate court affirmed the lower court's judgment, ruling that the breach of fiduciary duty, DTPA, and breach of contract claims were "fractured" professional negligence claims. The court also upheld the exclusion of evidence regarding Terry's alleged substance abuse, finding its probative value was outweighed by the danger of unfair prejudice.

Legal MalpracticeProfessional NegligenceBreach of Fiduciary DutyDTPABreach of ContractAttorney MisconductSummary JudgmentJury TrialAppellate ReviewMarital Property Division
References
50
Case No. ADJ2644699 (OXN 0127883)
Regular
Jan 01, 2014

RIGOBERTO ITURBIDE vs. WOLFE & KINSLER, PACIFIC COAST LABOR, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Dr. Aminian's petition for reconsideration of a lien dismissal because it was unverified and lacked good cause. Removal was granted sua sponte to initiate sanctions proceedings against Dr. Aminian, his representative Durden & Associates, and Ted Durden for filing a frivolous and potentially false claim regarding notice of a lien conference. The Board found evidence of service and a prior opportunity to raise the notice issue, suggesting bad faith or unnecessary delay. Sanctions up to $1,500 are pending a response showing good cause from the lien claimant and his representatives.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantRemovalSanctionsUnverified PetitionGood CauseLien ConferenceNotice of Intent to Dismiss
References
3
Case No. MISSING
Regular Panel Decision

Fugunt v. Tennessee Valley Authority

Ted Fugunt, an employee of Johns-Manville Sales Corporation (JM), sued the TVA for personal injuries sustained in two separate accidents at the Sequoyah Nuclear Plant while working as an independent contractor. TVA moved for summary judgment, arguing that it was functioning as the principal contractor on the project and was therefore entitled to immunity from suit under Tennessee workers' compensation law (TCA §§ 50-908 & 915). The Court analyzed relevant Tennessee case law, including *Posey v. Union Carbide Corp.*, *Hendrix v. Ray-Ser Dyeing Co.*, and *Carpenter v. Hooker Chemical & Plastics Corp.*, to determine if TVA qualified as a principal contractor. Concluding that TVA performed all the functions of a principal contractor and should be allowed concomitant immunity from common-law tort claims, the Court granted TVA's motion for summary judgment.

Personal InjuryWorkers' CompensationSummary JudgmentPrincipal ContractorStatutory ImmunityTennessee LawIndependent ContractorConstruction AccidentsEmployer LiabilityFederal Court
References
16
Case No. ADJ6796881
Regular
Sep 12, 2011

Ted Parker vs. COUNTY OF KERN

This case concerns the apportionment of permanent disability for Ted Parker, a deputy sheriff injured in 2008. The County of Kern sought reconsideration of a $50\%$ permanent disability award, arguing the judge failed to properly apportion to a prior $20\%$ award for a 2006 injury. The Board granted reconsideration, agreeing that the initial calculation was incorrect. The WCJ's amended decision correctly apportions the prior disability, resulting in a revised award of $43\%$ permanent disability.

Workers Compensation Appeals BoardCounty of KernTed ParkerDeputy Sherifflumbar spinepermanent disabilityapportionmentFindings of Fact and AwardWCJPetition for Reconsideration
References
0
Case No. ADJ7904815
Regular
Apr 10, 2014

TED MARTINEZ vs. CITY OF BAKERSFIELD

This case concerns Ted Martinez's workers' compensation claim against the City of Bakersfield for industrial psychiatric and Valley Fever injuries. The Board granted reconsideration to review the $41\%$ permanent disability award, which the defendant argued was based on an Agreed Medical Examiner's (AME) opinion that failed to comply with *Almaraz/Guzman II* guidelines. The Board found the AME's opinion lacked sufficient explanation for deviating from the AMA Guides and thus was not substantial evidence. Consequently, the Board affirmed the initial findings of injury but deferred permanent disability and attorney fees for further development of the record at the trial level.

Workers' Compensation Appeals BoardPsychiatric injuryValley FeverCoccidioidomycosisContinuous traumaPermanent disability ratingAgreed Medical Examiner (AME)Whole Person Impairment (WPI)Almaraz/Guzman IIAMA Guides
References
5
Case No. 2016-06-1403
Regular Panel Decision
Dec 05, 2016

Davenport. Ted v. Advanced Remodeling and Floor Covering LLC

Ted Davenport, an employee of Advanced Remodeling and Floor Covering, LLC, sustained severe injuries to his hand and ribs in a table saw accident during employment. He sought medical and temporary disability benefits after his employer, Aaron Waldrum, refused to pay, claiming Mr. Davenport was a subcontractor and that the company had no workers' compensation insurance. The Court, finding Mr. Davenport to be an employee and the employer uninsured, ruled that Mr. Davenport is likely to prevail on the merits. Consequently, the Court ordered Advanced Remodeling to cover past and ongoing medical expenses and temporary total disability payments, also deeming Mr. Davenport eligible for benefits from the Uninsured Employers Fund due to the employer's non-compliance.

Workers' CompensationExpedited HearingEmployee ClassificationIndependent ContractorUninsured EmployerMedical BenefitsTemporary DisabilityInjury Sustained at WorkTable Saw AccidentThoracotomy
References
7
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