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

Case No. NO. 14-13-00421-CV
Regular Panel Decision
Apr 24, 2014

Sheila Adams v. Golden Rule Service, Inc.

Sheila Adams, a nursing aide, sued her employer, Golden Rule Service, Inc., for injuries allegedly sustained while assisting a patient at Golden Rule's health care facility. The trial court dismissed the case because Adams failed to serve an expert report as required by the Texas Medical Liability Act (TMLA). Adams appealed, arguing her claims were not governed by the TMLA. The Fourteenth Court of Appeals affirmed the trial court's decision, concluding that Adams's claims were health care liability claims subject to the TMLA's expert report requirement, consistent with prior court precedents.

Health care liabilityTMLAExpert reportNegligenceEmployer liabilityMedical injuryWorkplace injuryTexas lawAppellate reviewDismissal
References
7
Case No. 03-02-00429-CV
Regular Panel Decision
May 30, 2003

Hospitals and Hospital Systems v. Continental Casualty Company

Hospitals and Hospital Systems appealed a declaratory judgment favoring Continental Casualty Company and other insurers, concerning the application of a one-year statute of limitations (rule 133.305(a)) for workers' compensation medical claims. The claims arose after the 1992 Acute Care Hospital Fee Guideline was invalidated. Hospitals argued the limitations period should be tolled due to prior litigation challenging the guideline and that the Commission waived the rule through a settlement agreement. The Texas Court of Appeals, Third District, Austin, found no basis for tolling, noting hospitals were not prevented from filing claims earlier. It also ruled that the Commission's executive director lacked authority to waive the rule, and that any waiver could not revive time-barred claims. The court affirmed the trial court's judgment, upholding the applicability of rule 133.305(a) and barring the Hospitals' claims.

Workers' CompensationAdministrative LawDeclaratory JudgmentStatute of LimitationsTollingWaiverTexas Court of AppealsFee GuidelinesMedical Dispute ResolutionAgency Rules
References
10
Case No. 03-02-00429-CV
Regular Panel Decision
May 30, 2003

Columbia St. David's Healthcare System, L.P. D/B/A North Austin Medical Center v. Clara Sidney, Individually and as Personal Respresentative of Robert Sidney, Jr.

Hospitals appealed a declaratory judgment in favor of Insurers regarding worker's compensation medical claims. The core issue was whether Texas Worker’s Compensation Commission (TWCC) rule 133.305(a), a one-year limitation period, barred claims filed by Hospitals over a year after services were rendered. Hospitals argued that the limitation period was tolled during prior litigation challenging the invalidation of the 1992 Acute Care Hospital Fee Guideline and that TWCC had waived the rule via a 1997 settlement. The court found no basis for tolling, stating Hospitals could have pursued other legal avenues or sought an injunction. Furthermore, the court ruled that the TWCC executive director lacked the authority to waive a lawfully enacted rule, and any such waiver would not revive already stale claims. Consequently, the appellate court affirmed the trial court's judgment, upholding the validity and enforceability of rule 133.305(a).

Declaratory JudgmentWorker's CompensationMedical ClaimsFee GuidelineStatute of LimitationsTollingWaiverAdministrative Procedure ActAppellate ReviewInsurance Dispute
References
13
Case No. MISSING
Regular Panel Decision
Dec 18, 2003

Hospitals v. Continental Casualty Co.

This case involves an appeal by various hospitals and hospital systems (referred to as 'Hospitals') against several insurance companies and other entities (collectively, 'Insurers') regarding workers' compensation medical claims. The central issue is whether Texas Worker’s Compensation Commission (the 'Commission') rule 133.305(a), which mandates a one-year filing period for medical dispute resolution claims, bars the Hospitals' claims. The Hospitals argued that the time limit was tolled due to ongoing litigation that invalidated the 1992 Acute Care Hospital Fee Guideline, or that the Commission had waived the rule through a 1997 settlement agreement. The court affirmed the trial court's judgment, ruling that rule 133.305(a) was neither tolled nor waived. The court found that the Hospitals were not prevented from timely filing claims or seeking an injunction, and that the executive director of the Commission lacked the authority to waive a lawfully enacted agency rule, especially for claims that were already time-barred.

Worker's CompensationMedical ClaimsFee GuidelinesStatute of LimitationsTollingWaiverAdministrative Procedure ActDeclaratory JudgmentInsurance DisputeHospitals
References
10
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. MISSING
Regular Panel Decision

TXU Generation Co. v. Public Utility Commission

The Texas Court of Appeals, Austin, reviewed a direct appeal challenging the Public Utility Commission's Wholesale Market Oversight (WMO) Rule. Appellants, a group of market participants, argued the rule exceeded the Commission's statutory authority, was unconstitutionally vague, constituted an unconstitutional taking, and violated the Administrative Procedure Act (APA) regarding notice and concise statement of authority. The court, led by Justice Bea Ann Smith, affirmed the validity of the WMO Rule. It held that the Commission possessed broad authority under PURA to regulate the wholesale electricity market to protect public interest, consumers, and ensure reasonably priced ancillary services, even if some prohibited conduct was unintentional. The court also found the rule provided sufficient notice and did not invite arbitrary enforcement, nor did it constitute an unconstitutional taking or violate APA procedures. Ultimately, the court affirmed the validity of the WMO Rule, concluding that it reasonably promotes competition and fulfills legislative goals for the electricity market.

Electricity RegulationWholesale Energy MarketPublic Utility CommissionAdministrative LawStatutory InterpretationConstitutional ChallengesMarket Power AbuseConsumer ProtectionTexas LawDirect Appeal
References
38
Case No. ADJ9456228 (MF), ADJ9341963
Regular
Oct 09, 2018

MARIA COLCHADO vs. TOLL GLOBAL FORWARDING HOLDING, ACE AMERICAN INSURANCE, SELECT STAFFING, ACE AMERICAN INSURANCE, TRI-STATE STAFFING, CIGA administered by SEDGWICK for LUMBERMEN'S UNDERWRITING in liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine Toll Global Forwarding's employer status. While the ALJ found Toll Global was not a special employer, the Board reversed this, finding Toll Global was indeed the special employer. This determination was based on Toll Global's direct supervision and instruction of the applicant. The staffing agencies, Select Staffing and Tri-State Staffing, were designated as the general employers.

Workers' Compensation Appeals BoardCIGASpecial EmployerGeneral EmployerToll Global ForwardingSelect StaffingTri-State StaffingACE American InsuranceJoint Findings and OrderPetition for Reconsideration
References
11
Case No. MISSING
Regular Panel Decision

United States v. Elton

This tax collection case between the United States and Roger David Elton addresses whether the statute of limitations (SOL) has run for tax assessments from 1988-1991. The court evaluated the impact of multiple offers-in-compromise (OICs) and two bankruptcy petitions filed by Elton, which tolled the SOL. A key point of contention was the effective date of OIC withdrawals and rejections, governed by IRS Form 656, and the application of the Restructuring and Reform Act's 'transition rule.' The court determined that the transition rule set the SOL expiration to December 31, 2002, which, with additional tolling from bankruptcy filings, extended the overall SOL to November 18, 2004. Consequently, the government's complaint, filed on November 16, 2004, was deemed timely.

Tax CollectionStatute of LimitationsOffer in CompromiseBankruptcy TollingRestructuring and Reform ActTransition RuleSummary JudgmentFederal Tax LawTax AssessmentsIRS Procedures
References
22
Case No. MISSING
Regular Panel Decision

Corpus Christi Fire Fighters Ass'n v. City of Corpus Christi

This cross-appeal addresses the interpretation of the Fire and Police Employee Relations Act (FPERA) concerning a collective bargaining agreement between the City of Corpus Christi and the Corpus Christi Fire Fighters Association. The dispute centers on whether the City's unilateral implementation of revised grooming standards and modifications to the Vehicle Accident Review Board (VARB) procedural rules constituted mandatory subjects for bargaining as "conditions of employment." Applying a balancing test, the court determined that both the grooming standards and the VARB rules had a greater impact on the City's management prerogatives, particularly public image and safety, than on the fire fighters' working conditions. Consequently, these issues were not deemed "conditions of employment" requiring collective bargaining. The court affirmed the trial court's judgment on grooming standards and reversed its ruling regarding the VARB rules.

Collective BargainingFPERAGrooming StandardsVehicle Accident Review BoardConditions of EmploymentManagement PrerogativesPublic SafetyFire FightersUnilateral ImplementationLabor Dispute
References
12
Case No. No. 07 Civ. 10470
Regular Panel Decision

In re Methyl Tertiary Butyl Ether

This case is a consolidated multi-district litigation concerning actual or threatened groundwater contamination caused by defendants' use of the gasoline additive methyl tertiary butyl ether (MTBE) and its breakdown product, tertiary butyl alcohol. The Commonwealth of Puerto Rico alleges that the defendants, including Shell Western Supply and Trading Limited and Shell International Petroleum Company Limited, have contaminated or threatened to contaminate groundwater within its jurisdiction. The defendants moved for partial summary judgment, arguing the Commonwealth's claims were time-barred. The court discusses the prospective application of Puerto Rico's statute of limitations tolling rules, specifically the Fraguada decision which overturned the Arroyo rule. The court ultimately denies the defendants' motion, concluding that the Commonwealth's claims are timely, as Fraguada ended the previous indefinite tolling period and restarted a one-year statute of limitations, within which the defendants were added.

MTBE contaminationGroundwater pollutionStatute of limitationsTolling rulesMulti-district litigationSummary judgmentPuerto Rico Civil CodeJoint and several liabilityProspective application of lawEnvironmental litigation
References
33
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