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

Case No. 03-11-00009-CV
Regular Panel Decision
May 26, 2011

Rod Bordelon, Commissioner of the Texas Department of Insurance, Division of Workers' Compensation And the Texas Department of Insurance, Division of Workers' Compensation v. Brian Fanette

The appellants, Rod Bordelon, Commissioner of the Texas Department of Insurance, Division of Workers' Compensation, and the Texas Department of Insurance, Division of Workers' Compensation, filed a motion requesting the dismissal of their appeal. The Texas Court of Appeals, Third District, at Austin, granted this motion and consequently dismissed the appeal. This decision was made in the case against Appellee Brian Fanette.

Texas Court of AppealsWorkers' Compensation DivisionAppeal DismissalAppellant MotionJudicial DistrictTravis CountyMemorandum OpinionAdministrative AgencyState GovernmentAppellate Procedure
References
0
Case No. 03-16-00473-CV
Regular Panel Decision

E. A.// Texas Department of Family and Protective Services v. Texas Department of Family and Protective Services// Cross-Appellee, E. A.

This document is an appeal brief filed by the Texas Department of Family and Protective Services (the Department) in the Third Court of Appeals, Austin, Texas. The appeal concerns an administrative proceeding where E.A. challenged a Texas Health and Human Services Commission order. The order affirmed the Department's decision to place E.A.'s name in the Employee Misconduct Registry after an administrative law judge found E.A. neglected residents at Four J’s Community Living Center. The central argument of the brief is that the trial court lacked subject-matter jurisdiction over E.A.'s suit for judicial review because E.A. failed to file a timely motion for rehearing, a jurisdictional prerequisite under the Administrative Procedure Act. The Department seeks to reverse the trial court's order denying its plea to the jurisdiction and to dismiss E.A.'s suit.

Administrative LawJudicial ReviewSovereign ImmunityEmployee Misconduct RegistryContested CaseMotion for RehearingJurisdictionAppellate ProcedureStatutory InterpretationTexas Government Code
References
13
Case No. MISSING
Regular Panel Decision
Jan 09, 1984

Moore Construction Co. v. Clarksville Department of Electricity

This case concerns a contractor's claim for delay damages arising from the construction of an office building and warehouse for the Clarksville Department of Electricity. Moore Construction Company sued the Department, Kennon Construction Company (a co-prime contractor), and Cincinnati Insurance Company (Kennon's bonding company), alleging breach of contract, unjust enrichment, and third-party beneficiary claims. The trial court awarded Moore Construction Company $2,719.75 for extra work but denied delay damages, citing a lack of a written change order. On appeal, the court affirmed the award for extra work and modified the judgment to include an additional $8,986.08 in delay damages. The appellate court ruled that the Department's conduct waived the written change order requirement, and that Moore was an intended third-party beneficiary of the contract between Kennon and the Department, allowing recovery for certain increased supervisory, overhead, and equipment-related costs resulting from the delay.

Construction LawContract BreachDelay DamagesThird-Party BeneficiaryWaiver of Contract TermsConstruction ProjectPrime ContractorsSurety BondsOverhead CostsLabor Costs
References
40
Case No. MISSING
Regular Panel Decision

State, Department of Highways & Public Transportation v. Reynolds-Land, Inc.

This is a summary judgment case where the State Department of Highways and Public Transportation (Department) sought indemnity from Reynolds-Land, Inc. (Reynolds-Land) based on a written agreement. An employee of Reynolds-Land, Grover Hicks, was injured and received workers' compensation benefits from Texas Employers’ Insurance Association (TEIA). Hicks then sued the Department for negligence, and TEIA intervened for subrogation. The Department settled with Hicks and TEIA, paying $25,000 to TEIA for its subrogation interest. The Department then filed a third-party action against Reynolds-Land for indemnity for this $25,000 payment. Reynolds-Land moved for summary judgment, arguing the indemnity agreement only covered its own negligence and not the Department's, and that the 'express negligence doctrine' from Ethyl Corp. v. Daniel Const. Co. was not met. The appellate court affirmed the trial court's grant of summary judgment against the Department, ruling that the indemnity clause lacked the specificity required by the express negligence doctrine to cover the Department's own alleged negligence.

Indemnity AgreementSummary JudgmentExpress Negligence DoctrineWorkers' CompensationSubrogationContractual InterpretationThird-Party ActionEmployer LiabilityAppellate ReviewTexas Law
References
1
Case No. MISSING
Regular Panel Decision

Knudsen v. Nassau County Department of Social Services

Thomas and Carol Knudsen initiated an Article 78 proceeding against the Nassau County Department of Social Services, challenging three determinations. First, the denial of emergency assistance for clothing destroyed by pinworms was challenged, with the court ruling that the county's reliance on a State regulation limiting emergency assistance was invalid. The defense was struck, and the request was remanded for re-evaluation. Second, the reduction of their Aid to Dependent Children grant in December 1973, without proper notice and opportunity for a hearing, was annulled. Third, the denial of assistance to Mr. Knudsen in January 1974, due to the department's failure to transfer his name for supplemental security income, was also addressed. The court granted judgment in favor of the petitioners, directing relief consistent with its rulings and ordering the Commissioner of the Nassau County Department of Social Services to appear and explain the department's persistent policy regarding emergency assistance limitations.

Emergency AssistanceSocial Services LawPublic AssistanceAid to Dependent ChildrenWelfare BenefitsDue ProcessFair HearingAdministrative LawStatutory InterpretationNassau County DSS
References
27
Case No. MISSING
Regular Panel Decision

Texas Department of Aging & Disability Services v. Beltran

Rosa Maria Beltran filed a workers' compensation claim after sustaining job-related injuries while employed by the Texas Department of Aging and Disability Services. Her employment was subsequently terminated on March 31, 2008, leading her to sue the Department for wrongful discharge, alleging retaliation for filing her claim under the Anti-Retaliation Law. The Department filed a plea to the jurisdiction, asserting sovereign immunity. The trial court denied this plea, and the Department appealed. The appellate court affirmed the trial court's decision, ruling that the Legislature had clearly and unambiguously waived sovereign immunity for state agencies in retaliatory discharge claims under the Anti-Retaliation Law and the State Applications Act, consistent with established legal precedent.

Workers' CompensationRetaliationWrongful TerminationSovereign ImmunityWaiver of ImmunityStatutory InterpretationAppellate ReviewPlea to JurisdictionTexas Labor CodeGovernmental Immunity
References
14
Case No. 2024 NY Slip Op 04519
Regular Panel Decision
Sep 24, 2024

Hernandez v. Opera Owners, Inc.

The Appellate Division, First Department, reversed a Supreme Court order denying third-party defendant Poltech Inc.'s motion to dismiss or stay a third-party action. The court found that common-law claims against Poltech Inc. should be dismissed because the complaint did not allege a 'grave injury' as required by Workers' Compensation Law § 11 (1). Additionally, the remainder of the third-party action against Poltech Inc. was stayed because the contractual claims, asserted by third-party plaintiffs as third-party beneficiaries of a contract involving Poltech, were subject to the contract's Alternative Dispute Resolution (ADR) clause.

Workers' Compensation LawGrave InjuryThird-Party ActionContractual DisputeADR ClauseAppellate ReviewMotion to DismissStay of ProceedingsThird-Party Beneficiary
References
8
Case No. 03-11-00057-CV
Regular Panel Decision
Jul 25, 2012

Ashish Patel, Anverali Satani, Nazira Momin, Tahereh Rokhti, Minaz Chamadia, and Vijay Lakshmi Yogi// Cross Texas Department of Licensing and Regulation William H. Kuntz, Jr., in His Official Capacity v. Texas Department of Licensing and Regulation William H. Kuntz, Jr., in His Official Capacity// Ashish Patel, Anverali Satani, Nazira Momin, Tahereh Rokhti, Minaz Chamadia, and Vijay Lakshmi Yogi

This case involves cross-appeals concerning the constitutionality of cosmetology statutes and administrative rules as they apply to eyebrow threading in Texas. The appellants, who operate eyebrow threading businesses, argued that these regulations infringe upon their constitutional right to economic liberty under article I, section 19 of the Texas Constitution. The district court granted summary judgment in favor of the Texas Department of Licensing and Regulation and its officials, denying the appellants' motion. The Court of Appeals, Third District, at Austin, affirmed the district court's judgment, finding that the challenged regulations are sufficiently rational and reasonable to meet constitutional due course requirements, falling within the state's police power for public health and safety concerns related to cosmetology services.

Eyebrow ThreadingCosmetology RegulationEconomic LibertyDue ProcessRational Basis ReviewPolice PowerSummary JudgmentTexas ConstitutionState AgenciesOccupational Licensing
References
61
Case No. 13-10-00126-CV
Regular Panel Decision
May 26, 2011

Department of Aging and Disability Services, a Texas State Agency v. Deborah K. Powell

The Department of Aging and Disability Services appealed the trial court's denial of its plea to the jurisdiction in Deborah K. Powell's workers' compensation retaliation case. Powell, a former food-service worker, alleged she was terminated in retaliation for filing a workers' compensation claim after an on-the-job injury. The Department argued that its sovereign immunity had not been clearly and unambiguously waived, citing Texas Government Code Ann. § 311.034. The appellate court reviewed the plea to the jurisdiction de novo and relied on the Texas Supreme Court's precedent in Kerrville State Hosp. v. Fernandez, which held that the State Applications Act (SAA) contained a waiver of sovereign immunity for such claims. The court found that legislative intent to waive immunity for workers' compensation retaliation claims remained clear and unambiguous despite the later enactment of § 311.034. Consequently, the court affirmed the trial court's denial of the Department's plea to the jurisdiction, concluding that the Department, as a state agency, is not immune from claims of workers' compensation retaliation.

Sovereign immunityPlea to the jurisdictionWorkers' compensation retaliationState Applications ActGovernmental immunity waiverLegislative intentAppellate reviewTexas Labor CodeTexas Government CodeInterlocutory appeal
References
8
Case No. 2021 NY Slip Op 01354
Regular Panel Decision
Mar 09, 2021

Deschaine v. Tricon Constr., LLC

The New York Appellate Division, First Department, affirmed an order which granted motions to renew filed by third-party plaintiffs Dollar Tree Stores, Inc., Michael Boyle, and Tricon Construction, LLC along with C.P. Plaza Limited Partnership. The motions sought to vacate a previous order that had dismissed their third-party claims for contribution and common-law indemnification against AMZ Construction Services, Inc. Upon renewal, these claims were reinstated. The court found that new expert reports submitted by the plaintiff, Robert Deschaine, raised a factual dispute regarding whether he sustained a 'grave injury' as defined by Workers' Compensation Law § 11, specifically brain injuries that rendered him unemployable in any capacity. This issue of fact justified the renewal and reinstatement of the third-party claims.

Appellate PracticeRenewal MotionSummary JudgmentContribution ClaimsIndemnification ClaimsGrave InjuryWorkers' Compensation LawBrain InjuriesUnemployabilityProcedural Law
References
2
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