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

Case No. 15-25-00033-CV
Regular Panel Decision
Feb 19, 2025

Edith Okechukwu Omietimi v. Texas Board of Nursing

This case concerns Edith Omietimi's appeal against the Texas Board of Nursing's (BON) denial of her Licensed Vocational Nurse (LVN) license renewal. The denial stemmed from an FBI investigation, "Operation Nightingale," which uncovered a fraudulent nursing diploma scheme involving Ms. Omietimi's nursing school, Sacred Heart Houston (SHH). An Administrative Law Judge (ALJ) found no personal fraud by Omietimi but concluded that SHH's program was unapproved and did not provide education substantially equivalent to Texas standards, recommending the denial of her license renewal. The district court affirmed BON's Final Order. BON argues that the decision is supported by substantial evidence and that license renewal is a discretionary act vital for protecting public safety due to Omietimi's inadequate training.

Nursing LicenseLicense RenewalFraudulent Diploma SchemeOperation NightingaleVocational NurseNursing Education StandardsAdministrative LawJudicial ReviewDue ProcessProfessional Licensure
References
26
Case No. MISSING
Regular Panel Decision

Yeldell v. Holiday Hills Retirement and Nursing Center, Inc.

Bertha Yeldell, a vocational nurse for non-subscriber employer Holiday Hills Retirement and Nursing Center, Inc., suffered second and third-degree burns after a coffee urn overturned while she was making a personal telephone call at her duty station. The trial court awarded damages to Yeldell, finding her injuries to be in the course and scope of employment. The court of appeals reversed this judgment. The Supreme Court of Texas reversed the court of appeals, affirming the trial court's decision, ruling that personal telephone calls, like other acts for comfort, can be incidental to employment and thus compensable under the Workers’ Compensation Act. Additionally, the Supreme Court upheld the trial court's exclusion of a witness not disclosed during discovery, stating Holiday Hills failed to supplement interrogatory answers as required by Rule 168(7) of the Texas Rules of Civil Procedure.

Workers' CompensationCourse of EmploymentScope of EmploymentPersonal ActTelephone CallDiscovery RulesInterrogatory SanctionsWitness ExclusionTexas Civil ProcedureNon-subscriber Employer
References
4
Case No. NO. 01-13-00108-CV
Regular Panel Decision
Sep 23, 2014

Iris Gonzalez v. Diversicare Leasing Corp D/B/A Afton Oaks Nursing Care Center A/K/A Afton Oaks Nursing and Rehab Center Diversicare Afton Oaks, LLC.

Iris Gonzalez, an employee at a nursing home, sued her employer, Afton Oaks, for personal injuries sustained after tripping over crates on an employee pathway. The trial court dismissed her lawsuit for failure to file an expert report under the Texas Medical Liability Act, categorizing it as a health care liability claim. Gonzalez appealed, arguing it was an ordinary negligence claim unrelated to health care. The Court of Appeals, relying on a recent decision in Williams v. Riverside General Hospital, Inc., held that a 'garden-variety slip-and-fall claim that is completely untethered from the provision of health care' does not constitute a health care liability safety claim. Therefore, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Slip and FallOrdinary NegligenceTexas Medical Liability ActHealth Care Liability ClaimEmployer LiabilityNursing HomePremises LiabilityWorkers' CompensationExpert ReportAppellate Procedure
References
4
Case No. 2024-40-5803
Regular Panel Decision
Sep 09, 2025

Reed, Kimberly v. Critical Nurse Staffing, LLC

In this interlocutory appeal, the Tennessee Workers' Compensation Appeals Board reviewed a trial court's order concerning an employee's work-related injuries. The employee, Kimberly Reed, reported a left arm/shoulder injury and later sought treatment for head/face/TMJ complaints. The trial court had ordered the employer, Critical Nurse Staffing, LLC, to provide a second opinion for shoulder surgery and a panel of otolaryngologists for the TMJ condition. The Appeals Board affirmed the order for a second opinion on shoulder surgery, finding the authorized physician's reports constituted a recommendation for surgery. However, the Board reversed the order for the otolaryngologist panel, concluding there was insufficient evidence at this stage to prove the TMJ condition was causally related to the work injury. The case was remanded for further proceedings.

Workers' Compensation AppealSecond Opinion Medical ReviewShoulder InjuryRotator Cuff TearTemporomandibular Joint DisorderCausation of InjuryMedical Treatment AuthorizationInterlocutory AppealEvidentiary StandardProcedural Compliance
References
10
Case No. 02-24-00248-CV
Regular Panel Decision
Mar 13, 2025

Granbury SNF LLC D/B/A Granbury Rehab & Nursing, Advanced HCS LLC D/B/A Advanced Healthcare Solutions, and Granbury Rehab & Nursing GS LLC v. Natalie Jackson

Natalie Jackson sued Granbury SNF LLC, Advanced HCS LLC, and Granbury Rehab & Nursing GS LLC for unlawful retaliation after reporting resident abuse. A jury found in Jackson's favor, awarding compensatory and exemplary damages. On appeal, the Appellants challenged the sufficiency of evidence for Granbury GS's involvement, mental anguish damages, exemplary damages for reprehensible conduct, and the individual capping of punitive damages. The appellate court affirmed the trial court's judgment, largely finding that Appellants failed to preserve most issues. Specifically, the court affirmed the exemplary damages against Granbury GS and the award of contingent appellate attorney's fees, citing sufficient evidence of malice and proper calculation methods for fees.

Unlawful RetaliationAbuse ReportingExemplary DamagesMental Anguish DamagesLegal SufficiencyAppellate Attorney's FeesPreservation of ErrorVice-Principal DoctrineTexas Civil Practice and Remedies CodeTexas Health & Safety Code
References
47
Case No. MISSING
Regular Panel Decision
Mar 04, 1988

In re Nurse Care Registry, Inc.

Nurse Care Registry, Inc., an agency providing health care personnel, appealed a decision by the Unemployment Insurance Appeal Board that classified its workers as employees rather than independent contractors, making Nurse Care liable for unemployment insurance contributions. The court affirmed the Board's decision, finding substantial evidence of Nurse Care's control over key aspects of the services provided by the workers. This control included client contact, worker wages, and billing/collection, which were deemed indicative of an employer-employee relationship. The court relied on precedent establishing that such control warrants an employment finding, despite workers having full-time positions elsewhere and the agency not directly supervising daily work.

unemployment insuranceemployer-employee relationshipindependent contractoradministrative lawappellate reviewlabor lawagency staffingcontrol testsubstantial evidencehealth care industry
References
4
Case No. 07-08-0305-CV
Regular Panel Decision
Jun 02, 2009

Carrie Welch v. Nightingale Nurses, LLC

Carrie Welch, an EEG technician, sued Nightingale Nurses, LLC, her employer, for retaliatory discharge after she filed a worker's compensation claim for an on-the-job injury. Welch's employment contract with Nightingale Nurses, a Florida company, included a forum selection clause requiring litigation in Palm Beach County, Florida. The trial court granted Nightingale's motion to dismiss based on this clause, prompting Welch's appeal. Welch argued the clause was unenforceable due to public interest favoring a Texas forum and because it would be unreasonable and unjust. The Court of Appeals affirmed the trial court's dismissal, finding Welch failed to demonstrate any exceptions to the enforceability of the forum selection clause.

Forum Selection ClauseRetaliatory DischargeWorker's Compensation ClaimEmployment ContractTexas Labor CodeMotion to DismissAppellate ReviewAbuse of DiscretionContract EnforcementFlorida Venue
References
12
Case No. MISSING
Regular Panel Decision

Huntington Hospital v. Huntington Hospital Nurses' Ass'n

Huntington Hospital initiated an action under the Federal Arbitration Act to partially vacate an arbitration award, while the Huntington Hospital Nurses’ Association cross-petitioned to confirm it. The dispute originated from the Hospital unilaterally granting two nurses, Betty Evans and Lynn Meyer, longevity pay credits exceeding the ten-year cap stipulated in their collective bargaining agreement (CBA). The arbitrator found the Hospital violated the CBA's sections on pay and exclusive bargaining rights. The arbitrator mandated the Hospital roll back excess credits and recover overpayments. The District Court denied the Hospital's petition, dismissing arguments regarding public policy, manifest disregard for law, and lack of award finality, ultimately confirming the arbitration award.

Arbitration AwardCollective Bargaining AgreementLabor LawFederal Arbitration ActWage DisputesLongevity PayUnion RightsPublic Policy ExceptionManifest Disregard of LawContract Interpretation
References
22
Case No. 07-02-0011-CV
Regular Panel Decision
May 19, 2003

Cresthaven Nursing Residence v. Freeman

This case involves an appeal in a health care liability claim where the appellees, daughters of Wanda Granger, sued Cresthaven Nursing Residence, Cantex Healthcare Centers, and its general partners for negligence that allegedly resulted in Granger's injury and death. A jury awarded $9 million, which was subject to a statutory damage cap. The appellate court initially found prejudgment interest was not subject to the cap and suggested remittiturs for excessive damages. However, on rehearing, the court modified its decision, aligning with a new Supreme Court ruling that prejudgment interest is included in the damage cap, and affirmed the judgment with an adjusted cap of $1,413,008.13. Key issues included the application of the damage cap, prejudgment interest calculation, spoliation instruction, and expert witness qualification.

Health Care LiabilityMedical MalpracticeNursing Home NegligenceWrongful DeathSurvival ActionDamage CapPrejudgment InterestSpoliation of EvidenceExpert Witness QualificationExcessive Damages
References
39
Case No. W2017-00957-COA-R3-CV
Regular Panel Decision
Aug 06, 2018

Cindy Hatfield v. Allenbrooke Nursing and Rehabilitation Center, LLC

This appeal arose from a jury trial involving claims of negligence, medical malpractice, and violations of the Tennessee Adult Protection Act against a nursing home and related entities. The jury found Allenbrooke Nursing and Rehabilitation Center, LLC, its administrative services provider Aurora Cares, LLC, parent companies DTD HC, LLC and D&N, LLC, and individual members Donald Denz and Norbert Bennett liable, awarding compensatory and punitive damages. The Court of Appeals reversed the jury's finding of liability for the parent companies and their members, but affirmed the direct liability of Aurora Cares, LLC. The punitive damages award was vacated and remanded for a new hearing on the amount, while the compensatory damages award was affirmed.

Nursing Home NegligenceMedical MalpracticeTennessee Adult Protection ActCorporate Veil PiercingVicarious LiabilityDirect LiabilityPunitive DamagesCompensatory DamagesPressure UlcerAmputation
References
212
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