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

Case No. MISSING
Regular Panel Decision

Texas Workforce Commission v. Olivas

Ms. Maria Elena Olivas, a former employee of the Texas Workforce Commission, filed a workers' compensation claim after developing injuries in March 2008. She was subsequently dismissed from employment in May 2009, leading her to file a suit against the Commission for retaliatory discharge. The Commission filed a plea to the jurisdiction, asserting sovereign immunity and arguing that Section 311.034 of the Texas Government Code mandated an unequivocal waiver of immunity, which it claimed was absent in the anti-retaliation provisions of Chapter 451. The trial court denied the Commission's plea. On appeal, the Commission contended that Section 311.034 abrogated existing Texas Supreme Court precedent (*Kerrville State Hosp. v. Fernandez*) that recognized a waiver of sovereign immunity for such claims against state agencies. The appellate court affirmed the trial court's denial, holding that the State Applications Act (SAA) still provides a clear and unambiguous waiver of sovereign immunity for retaliation claims against state agencies, and that neither Section 311.034 nor the *Travis Central Appraisal District v. Norman* decision altered this established legal analysis.

Sovereign ImmunityRetaliatory DischargeWorkers' Compensation ClaimPlea to JurisdictionAppellate ReviewGovernment CodeLabor CodeLegislative WaiverState AgenciesStatutory Construction
References
4
Case No. MISSING
Regular Panel Decision

Gudz v. Jemrock Realty Co., LLC

The dissenting opinion, penned by Justice Manzanet-Daniels, argues against the permissibility of a class action concerning rent overcharges under the Rent Stabilization Law (RSL). The core contention is that the treble damages stipulated in RSL § 26-516 (a) constitute a mandatory "penalty" as defined by CPLR 901 (b), which explicitly forbids class actions for statutory penalties unless specific authorization exists. The dissent asserts that any waiver of these treble damages by a class representative is nullified by Rent Stabilization Code § 2520.13, as such a waiver would undermine the legislative intent to deter excessive rents and contravene public policy. Furthermore, the opinion posits that such a waiver compromises the adequacy of the class representative, potentially disadvantaging class members who might possess significant claims for treble damages.

Class ActionPenaltyTreble DamagesRent Stabilization LawCPLR 901 (b)Waiver of RightsAdequacy of Class RepresentativePublic PolicyStatutory InterpretationRent Overcharge
References
16
Case No. MISSING
Regular Panel Decision

In Re Beecham

This Memorandum Opinion and Order addresses the application of Donna R. Beeeham for a waiver of the Chapter 7 filing fee. Ms. Beeeham, a debtor with a reported monthly income of $804 and expenses of $1075, had filed her petition along with the fee waiver application. A hearing was held on November 16, 1994, to assess her entitlement to an In Forma Pauperis waiver, during which she disclosed a pending Workers' Compensation claim and substantial medical debts. The court, presided over by Judge G. Harvey Boswell, ultimately denied the application, citing Federal Rule of Bankruptcy Procedure 1006(b)(3). This rule mandates that the filing fee must be fully paid before an attorney receives payment for bankruptcy-related services, and Ms. Beeeham had paid her attorney a $500 fee, thus indicating an ability to pay the filing fee, even if borrowed. Consequently, she was ordered to pay the $160 filing fee within thirty days or file an installment payment application to prevent case dismissal.

Chapter 7 BankruptcyFiling Fee WaiverIn Forma PauperisBankruptcy ProcedureDebtor's Attorney FeesAbility to PayInstallment PaymentsCase Dismissal AvoidanceWestern District of TennesseeJudicial Conference Pilot Program
References
9
Case No. MISSING
Regular Panel Decision

Lumbermens Mutual Casualty Co. v. Carter

This appeal concerns a declaratory judgment suit initiated by an unnamed workers' compensation insurance company, referred to as the appellant. The appellant challenged a trial court's ruling that denied its subrogation rights against any recovery made by Johnny Carter from Temple-Inland Forest Products Corporation. Johnny Carter, an employee of Biskamp Electric Company, Inc., sustained injuries at a Temple-Inland plant and received workers' compensation benefits, subsequently filing a third-party action against Temple-Inland. The core issue on appeal was whether the waiver of subrogation endorsement in the insurance policy applied to Temple-Inland Forest Products Corporation, despite variations in naming. The appellate court found sufficient evidence to support the trial court's finding of waiver and affirmed the decision.

Workers' CompensationSubrogation WaiverInsurance Policy InterpretationDeclaratory JudgmentAppellate ReviewFactual SufficiencyContract ConstructionTexas LawEmployer LiabilityThird-Party Action
References
7
Case No. 44 S.W.3d 554
Regular Panel Decision

Lawrence v. CDB Services, Inc.

Justice Baker's dissenting opinion argues that the majority's decision to uphold waivers of workers' compensation claims on public policy grounds directly contradicts the intent and established public policies of the Texas Workers’ Compensation Act. The dissent emphasizes that the Act created a comprehensive system to encourage employer participation in workers' compensation insurance and ensure adequate redress for all injured employees. Baker asserts that the Court improperly defers to the Legislature on a matter where legislative intent, prioritizing employee protection and encouraging subscription, is clear. The dissent concludes that such waivers are void as they undermine the statutory scheme, and their acceptance by employees should not render them enforceable.

Workers' Compensation ActPublic PolicyWaiversEmployer LiabilityEmployee RightsStatutory InterpretationContract LawDissenting OpinionTexas LawCommon Law Defenses
References
26
Case No. MISSING
Regular Panel Decision

City of Mexia v. Tooke

The City of Mexia contracted with J.E. Tooke and Sons for curbside collection, but later terminated the agreement citing budgetary constraints. Tooke sued the City for breach of contract, and the trial court denied the City's plea to jurisdiction and ruled in favor of Tooke. On appeal, the central question was whether section 51.075 of the Texas Local Government Code waives sovereign immunity for home-rule municipalities. The appellate court examined the statutory language and Supreme Court precedents on immunity waiver, concluding that the 'plead and be impleaded' language does not constitute a clear and unambiguous waiver. Furthermore, the court rejected arguments that the City waived immunity through partial performance or by acting in a proprietary capacity, as solid waste removal is a governmental function. Consequently, the appellate court reversed the trial court's judgment and dismissed the case for lack of jurisdiction.

Sovereign ImmunityHome-Rule MunicipalitiesWaiver of ImmunityBreach of ContractTexas Local Government CodeGovernmental FunctionsProprietary FunctionsPlea to JurisdictionAppellate ReviewStatutory Interpretation
References
33
Case No. ADJ3687516
Regular
Jan 26, 2012

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, WALTER CRABTREE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISED INSURANCE, CRAWFY AND COMPANY, M.R. AUTOMOTIVE, CIGA, Administrative inTERCARE INSURANCE SERVICES, HIH AMERICA COMPENSATION

The Workers' Compensation Appeals Board denied Attorney M. Francesca Hannan's request for a waiver of fees or a payment plan for reporter's transcripts. Hannan sought the transcripts to support allegations of bias by a Workers' Compensation Judge and claimed financial hardship and limited time for preparation. The Board found no legal basis for the fee waiver or payment plan under applicable rules and statutes, though it affirmed Hannan's right to obtain the transcripts upon payment.

WCABPetitionReporter's TranscriptFee WaiverPayment PlanGovernment Code 68632Administrative Director Rule 9990Appeals Board Rule 10740AnayaLien Trial
References
0
Case No. MISSING
Regular Panel Decision
Aug 06, 1980

Claim of Morris v. Cleanco Industrial Services, Inc.

This case involves an appeal from a Workers’ Compensation Board decision concerning whether a claimant waived his Federal rights under Workers’ Compensation Law § 113. The claimant sustained a knee injury while working on a ship and initially sought New York State workers' compensation benefits, which he received. Subsequently, he filed a Federal claim under the Longshoremen’s and Harbor Workers’ Compensation Act. The employer and its carrier contended that by pursuing State benefits, the claimant waived his Federal remedies. The State board ruled that accepting State benefits did not constitute a waiver of the right to seek Federal benefits. This appellate court affirmed the board's determination, finding it supported by substantial evidence.

Waiver of Federal RightsWorkers’ Compensation LawLongshoremen’s and Harbor Workers’ Compensation ActAdmiralty JurisdictionState Compensation BenefitsFederal Compensation BenefitsSubstantial EvidenceAppellate ReviewKnee InjuryDocked Ship
References
5
Case No. M2008-00482-CCA-R9-CO
Regular Panel Decision

State v. Turner

Thomas L. Turner, II, was arrested for robbery and homicide and questioned by Smyrna police after receiving Miranda warnings. During the pre-waiver interrogation, Turner made several ambiguous statements about wanting an attorney and accessing his lawyer's phone number. He subsequently signed a Miranda waiver form. Later in the interview, he unequivocally invoked his right to counsel, at which point questioning ceased. The trial court suppressed statements made after the cell phone request, deeming it an unequivocal invocation, but the Court of Criminal Appeals reversed this finding. The Tennessee Supreme Court affirmed the Court of Criminal Appeals' decision, holding that Turner's pre-waiver references to counsel were ambiguous, and the officers properly limited their questioning to clarification until a valid waiver was obtained. The Court also clarified the distinction between standards for pre-waiver and post-waiver invocations of the right to counsel.

Miranda RightsRight to CounselEquivocal RequestUnequivocal RequestCustodial InterrogationWaiver of RightsSuppression of EvidenceFifth AmendmentFourteenth AmendmentTennessee Constitution
References
51
Case No. 06-04-00064-CR
Regular Panel Decision
Jun 25, 2004

Adrian Maynard Lister v. State

Adrian Maynard Lister was indicted and convicted of aggravated robbery, receiving a sentence of twenty years and a $5,000 fine. On the same day, he and his attorney signed a waiver of his right to appeal. Despite this waiver, Lister filed a pro se notice of appeal, claiming confusion regarding his rights. The Court of Appeals reviewed the trial court's certification of Lister's right to appeal, which reflected the waiver. Finding that the waiver was voluntarily, knowingly, and intelligently made, and without evidence that the trial court granted permission to withdraw the waiver, the court dismissed the appeal for want of jurisdiction.

Aggravated RobberyCriminal AppealWaiver of AppealRight to AppealPro Se AppealJurisdictionTexas Court of AppealsPost-ConvictionVoluntary WaiverKnowing Waiver
References
6
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