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

Case No. 15-24-00097-CV
Regular Panel Decision
Aug 27, 2024

Randall Law v. Texas Department of Insurance – Division of Workers' Compensation Subsequent Injury Fund, Jeff Nelson, Kara MacE, and Blaise Gerstenlauer

Appellant Randal Law, a catastrophically injured worker receiving lifetime income benefits from the Subsequent Injury Fund, appeals a decision from the 353rd Civil District Court of Travis County, Texas. The District Court granted the defendants' Plea to the Jurisdiction, dismissing Law's claims without prejudice. Law argues that manager Blaise Gerstenlauer acted with "Severe Ultra Vires conduct" by unilaterally interrupting his lifetime income benefits, which are protected by the Texas Labor Code from legal process and are paid until the employee's death. Law contends that this ultra vires act bypasses sovereign immunity, allowing his case to proceed in the Texas Judicial Review System. The brief requests the Fifteenth Court of Appeals to reverse the lower court's order and grant jurisdiction to Law.

Workers' CompensationLifetime Income BenefitsSubsequent Injury FundUltra Vires ActSovereign ImmunityPlea to JurisdictionAppellate CourtInjunctive ReliefCatastrophic InjuryTexas Labor Code
References
2
Case No. KP-0431
Regular Panel Decision
Feb 16, 2023

Untitled Texas Attorney General Opinion: KP-0431

This opinion addresses the applicability of Texas's minimum wage laws to minor league baseball players. It confirms that minor league baseball players are "covered by" the federal Fair Labor Standards Act (FLSA), which subsequently exempts them from the minimum wage requirements of Texas Labor Code chapter 62, pursuant to section 62.151. The opinion further considers whether a state-law exemption for "amusement or recreational establishments" under Labor Code section 62.158 would apply. It notes that this is a fact-bound inquiry, but suggests that a six-month baseball season could meet the seasonality requirement for this exemption.

Minimum Wage LawsFair Labor Standards Act (FLSA)Minor League BaseballTexas Labor CodeExemptionsAmusement or Recreational EstablishmentSave America’s Pastime Act (SAPA)Interstate CommerceEmployment LawAttorney General Opinion
References
16
Case No. 15-24-00097-CV, D-1-GN-24-003462
Regular Panel Decision
Apr 18, 2025

Randal Law v. Texas Department of Insurance – Division of Workers' Compensation Subsequent Injury Fund, Jeff Nelson, Kara MacE, and Blaise Gerstenlauer

The appellant, Randal Law, challenges the Texas Department of Insurance – Division of Workers’ Compensation – Subsequent Injury Fund (TDI-DWC-SIF) regarding the implementation of a new rule, 28 TAC §131.5. Mr. Law, a recipient of Lifetime Income Benefits (LIBs) for a catastrophic injury, argues that the TDI-DWC-SIF acted ultra vires by imposing a monthly verification requirement for LIBs, which he claims directly conflicts with Texas Labor Code §§ 408.161(a) and 408.201. He asserts that these statutes mandate LIBs payments until death and exempt benefits from other actions or claims, leaving no discretion for administrative interference. The appellant contends that the new rule unlawfully transforms legislative intent, imposes an undue burden on injured workers, and has caused him significant financial hardship. He seeks to reverse the district court's decision on jurisdiction and for the appellate court to rule in favor of the plaintiff's jurisdiction and address the questions of law.

Lifetime Income Benefits (LIBs)Ultra ViresSovereign Immunity ExceptionAdministrative Rule ChallengeStatutory ConstructionTexas Labor LawAppellate JurisdictionState Agency DiscretionInjured Employee RightsDue Process Violation
References
5
Case No. 03-22-00241-CV
Regular Panel Decision
Oct 31, 2023

Texas Political Subdivisions Joint Self-Insurance Fund v. Texas Department of Insurance - Division of Workers' Compensation and Commissioner Cassie Brown in Her Official Capacity

The Texas Political Subdivisions Joint Self-Insurance Fund (TPS Fund) appealed the denial of its plea to the jurisdiction and summary-judgment motion by the 455th District Court of Travis County. The TPS Fund, a self-insured governmental entity, was assessed administrative penalties totaling $132,500 by the Texas Department of Insurance–Division of Workers’ Compensation for violations of the Texas Labor Code related to nonpayment or late payment of workers’ compensation benefits. The TPS Fund asserted governmental immunity from these penalties. The Court of Appeals reviewed the legislative history and prior common law, including Texas Workers’ Comp. Comm’n v. City of Eagle Pass, to determine if immunity was waived. It concluded that the 2019 amendment to Labor Code Section 504.053(e) merely codified existing law, which had already established a clear waiver of immunity for such regulatory actions against self-insured political subdivisions. Therefore, the appellate court affirmed the trial court’s order, holding that the TPS Fund’s governmental immunity is waived for the administrative penalties.

Workers' CompensationGovernmental ImmunityAdministrative PenaltiesTexas Labor CodeSelf-InsurancePolitical SubdivisionsStatutory InterpretationAppellate ReviewRegulatory AuthoritySovereign Immunity
References
13
Case No. 03-97-00478-CV
Regular Panel Decision
Feb 04, 1999

A. James Lynn v. Board of Law Examiners of the State of Texas

A. James Lynn appealed from a trial court judgment that affirmed an order by the Board of Law Examiners of the State of Texas. The Board found that Lynn did not possess the good moral character required for admission to the Bar of Texas, citing his engagement in the unauthorized practice of law, a public reprimand from the Texas State Board of Public Accountancy, and violations of HUD regulations. The Travis County District Court affirmed the Board's order. On appeal, Lynn raised ten issues, including claims regarding the lack of substantial evidence, rational connection of character traits, constitutionality of the unauthorized practice of law statute, res judicata, right to a jury trial, and due process. The Court of Appeals, Third District, at Austin, overruled all of Lynn's issues, finding that substantial evidence supported the Board's findings and that there was a clear and rational connection between Lynn's character traits and his fitness to practice law. The court affirmed the trial court's judgment.

Bar AdmissionMoral CharacterUnauthorized Practice of LawProfessional MisconductCertified Public AccountantHUD RegulationsAppellate ReviewSubstantial EvidenceDue ProcessRes Judicata
References
18
Case No. 15-24-00116-CV
Regular Panel Decision
Feb 12, 2025

Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement

Appellants have neither identified a waiver of the Appellees’ sovereign immunity nor pled a cause of action to confer subject matter jurisdiction on the Court. Sovereign immunity protects state agencies and officers unless there is a clear waiver. Appellants' claims for judicial review under the Administrative Procedure Act (APA) are barred as administrative remedies were not exhausted, and they are not aggrieved by a final contested case decision. Similarly, claims under the Uniform Declaratory Judgments Act (UDJA) fail to waive sovereign immunity and seek impermissible relief challenging an unripe agency order. Appellants' ultra vires claims and mandamus requests are also barred because Appellees acted within their statutory authority in taking disciplinary actions and issuing a warning, and no ministerial duty to grant SOAH hearings for all Appellants exists. Therefore, the trial court properly granted Appellees’ plea to the jurisdiction.

Sovereign ImmunitySubject Matter JurisdictionAdministrative Procedure Act (APA)Uniform Declaratory Judgments Act (UDJA)Ultra Vires ClaimsMandamus ReliefPeace Officer LicensureLaw Enforcement DisciplineTexas Courts of AppealsJudicial Review
References
38
Case No. 03-00-00370-CV
Regular Panel Decision
Dec 21, 2000

Texas General Indemnity Company v. Texas Workers' Compensation Commission Todd Brown in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission And Michael L. MacIk

Texas General Indemnity Company (TGI) filed a declaratory judgment action in Travis County challenging the validity of Rule 130.8 of the Texas Workers' Compensation Commission (TWCC). The district court granted TWCC's plea to the jurisdiction and dismissed TGI's suit, also conditionally denying TGI's summary judgment motion and granting TWCC's. TGI appealed, arguing mandatory jurisdiction in Travis County and that Rule 130.8 conflicted with the Labor Code. The appellate court affirmed the dismissal, applying res judicata due to a prior adverse ruling against TGI on the same issue in Texas Gen. Indem. Co. v. Eisler. Additionally, the court affirmed the conditional judgment, concluding Rule 130.8 is a valid exercise of the Commission's rulemaking authority and does not conflict with the Texas Labor Code.

Administrative Rule ChallengeDeclaratory JudgmentWorkers' Compensation BenefitsImpairment Income BenefitsRes JudicataCollateral EstoppelStatutory InterpretationRulemaking AuthorityTexas Administrative Procedure ActLabor Code
References
31
Case No. 03-03-00435-CV
Regular Panel Decision
Jul 29, 2004

Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission/East Side Surgical Center Clinic for Special Surgery And Surgical and Diagnostic Center, L.P. v. East Side Surgical Center Clinic for Special Surgery/Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission

This case involves the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center, Clinic for Special Surgery, and intervenor Surgical and Diagnostic Center, L.P. (collectively "East Side") sued the Commission to invalidate certain default rules that applied when specific guidelines were absent. The district court declared one rule (133.304(i)) invalid and enjoined its enforcement, citing unlawful delegation of authority. On appeal, the Court of Appeals reversed the district court's judgment regarding the rule's invalidity and dissolved the injunction, citing a Texas Supreme Court decision finding no unlawful delegation. The court affirmed that East Side was not entitled to its usual and customary fee in the absence of specific guidelines.

Workers' CompensationAdministrative LawDelegation of AuthorityRulemakingAmbulatory Surgical CentersJudicial ReviewInsurance CarrierFee GuidelinesFair and Reasonable RatesStatutory Interpretation
References
38
Case No. 03-06-00257-CV
Regular Panel Decision
Jun 17, 2009

Greg Abbott, in His Official Capacity as Attorney General of Texas v. GameTech International, Inc. Anthony J. Sadberry, in His Official Capacity as Executive Director of the Texas Lottery Commission And Texas Lottery Commission

Greg Abbott, as Attorney General of Texas, appealed a summary judgment that deemed settlement letters between GameTech International, Inc., and the Texas Lottery Commission exempt from disclosure under the Texas Public Information Act (PIA). The Attorney General contended that no other law rendered these communications confidential. The appellate court examined whether the confidentiality provisions of the Governmental Dispute Resolution Act and the civil practice and remedies code applied to informal settlement negotiations. It concluded that these statutes only cover communications made within statutorily defined alternative dispute resolution procedures, which the exchanged settlement offers were not. Furthermore, the court found no common-law privilege protecting settlement negotiations or a corporate right to privacy. Consequently, the court reversed the district court's judgment, ruling that the settlement letters are not exempt from PIA disclosure requirements.

Public Information ActOpen Records RequestSettlement NegotiationsConfidentiality ExceptionStatutory ConstructionGovernmental Dispute ResolutionAlternative Dispute ResolutionCorporate Right to PrivacySummary Judgment AppealTexas Court of Appeals
References
26
Case No. MISSING
Regular Panel Decision
Jul 12, 2006

Amantia v. Barden & Robeson Corp.

Plaintiff, a subcontractor's worker, sued defendants for personal injuries under Labor Law and common-law negligence after falling from a cargo truck while unloading forms. The Supreme Court denied plaintiff's cross-motion for partial summary judgment under Labor Law § 240 (1) and § 241 (6) and partially denied defendants' motion to dismiss. The Appellate Division modified the order, granting defendants' motion in its entirety and dismissing the complaint. It found Labor Law § 240 (1) inapplicable as there was no significant elevation risk, and Labor Law § 241 (6) claims, based on specific industrial code violations, were also dismissed due to their inapplicability to the facts.

Labor Law § 240(1)Labor Law § 241(6)Industrial Code ViolationsSummary Judgment MotionPersonal InjuryConstruction Site AccidentFall from ElevationWorker SafetyNegligenceAppellate Review
References
9
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