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

Case No. 01-07-00558-CV
Regular Panel Decision
Nov 01, 2007

in Re Esther Ward

Esther Ward, the relator, filed a petition for writ of mandamus challenging a trial court's order compelling her to undergo a medical examination. Ward contended the order was void due to a lack of jurisdiction, asserting that the Texas Department of Insurance, Workers' Compensation Division, retained exclusive jurisdiction over medical examinations in workers' compensation claims. The Court of Appeals for the First District of Texas reviewed the matter, noting that once judicial-review proceedings regarding workers' compensation benefits commence, the trial court maintains jurisdiction over issues of compensability. The court determined that the trial court possessed the authority to issue an order for an independent medical examination under Texas Rule of Civil Procedure 204. Consequently, the appellate court denied Ward's petition for writ of mandamus and vacated its earlier order that had stayed the trial court's directive.

Workers' CompensationMandamusJudicial ReviewMedical Examination OrderJurisdiction DisputeTexas Labor CodeCivil Procedure Rule 204Appellate CourtTrial Court AuthorityCompensability
References
6
Case No. MISSING
Regular Panel Decision
Aug 26, 1988

Tania J. v. Esther J.

The Commissioner of Social Services appealed a Family Court decision dismissing child protective proceedings against Esther J., the mother of Tania, who was sexually abused by Esther's live-in boyfriend, Arthur Leon Little. The Family Court found Little abused Tania but acquitted Esther J., claiming insufficient proof of her knowledge or failure to protect. The appellate court reversed, citing evidence from medical examinations and Tania's out-of-court statements to professionals, which demonstrated Esther J. had actual or constructive knowledge of the abuse. The court found Esther J. failed to protect Tania, especially after Tania's gonorrhea diagnosis and physical signs of chronic trauma, establishing a prima facie case of abuse and neglect. The case was remanded for a dispositional hearing.

Child Protective ProceedingsSexual AbuseChild NeglectParental ResponsibilityFamily Court ActAppellate ReviewOut-of-Court StatementsCorroboration of AbusePrima Facie EvidenceGonorrhea Diagnosis
References
3
Case No. 01-13-00469-CV
Regular Panel Decision
Mar 06, 2014

Texas Department of Aging and Disability Services v. Esther Iredia

The Texas Department of Aging and Disability Services (DADS) appealed the denial of its plea to the jurisdiction concerning employment discrimination claims brought by Esther Iredia. Iredia, a former DADS employee, alleged sexual harassment, racial discrimination, and national origin discrimination by her supervisor. The Court of Appeals for the First District of Texas affirmed the trial court's denial of DADS's plea regarding the sex discrimination claim, concluding that Iredia provided sufficient evidence of a hostile work environment. However, the court reversed the denial and dismissed Iredia's race and national origin discrimination claims due to her failure to present a prima facie case.

Employment DiscriminationSexual HarassmentHostile Work EnvironmentRace DiscriminationNational Origin DiscriminationSovereign ImmunityPlea to the JurisdictionAppellate Court DecisionLabor LawSupervisor Misconduct
References
31
Case No. NO. 03-03-00177-CV
Regular Panel Decision
Nov 06, 2003

Continental Casualty Company v. Esther Rivera Texas Workers' Compensation Commission And Leonard Riley in His Official Capacity

Continental Casualty Company appealed the district court's dismissal for lack of jurisdiction of its suit for judicial review. Continental contested the Texas Workers' Compensation Commission's decisions that its appeal to the Commission's appeals panel was untimely and that claimant Esther Rivera sustained a compensable injury. The appeals panel determined Continental's request for review was untimely, arriving one day after the 20-day deadline, making the hearing officer's decision final. The district court affirmed this decision, dismissing the case. The Court of Appeals affirmed the district court's order of dismissal, concluding that Continental failed to exhaust its administrative remedies due to the untimely filing, thus depriving the district court of jurisdiction.

judicial reviewjurisdictionadministrative remediesappeals paneltimely filingworkers' compensationstatutory interpretationdeclaratory judgmentmandamusTravis County
References
24
Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. ADJ1923835 (LBO 0337936) ADJ611957 (LBO 0367126)
Regular
May 04, 2009

ESTHER OVALLE vs. CITY OF GARDENA, CORVEL CHINO

In ADJ1923835, the WCJ found no permanent disability from a specific injury to applicant's right shoulder and wrists on October 16, 2000. In ADJ611957, the WCJ awarded 56% permanent disability for a cumulative trauma injury to bilateral shoulders and wrists ending November 16, 2000. The defendant sought reconsideration, arguing Dr. Craemer's IME opinion was not substantial evidence, particularly regarding the left shoulder injury's timing and apportionment. The Appeals Board denied reconsideration, affirming the WCJ's reliance on Dr. Craemer's opinion that all permanent disability stemmed from the cumulative trauma. A clerical error in the cumulative trauma date was also corrected.

Workers' Compensation Appeals BoardEsther OvalleCity of GardenaCorvel ChinoADJ1923835ADJ611957Petition for ReconsiderationClerical ErrorPermanent DisabilitySpecific Injury
References
4
Case No. ADJ7255033
Regular
Jan 10, 2014

ESTHER ALARCIO vs. KAISER PERMANENTE, SEDGWICK INSURANCE

This case concerns a lien claimant's failure to pay a lien activation fee under Labor Code section 4903.06. The lien was dismissed by the WCJ for this failure. However, a federal court issued a preliminary injunction enjoining enforcement of the activation fee provisions effective November 19, 2013. Consequently, the Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case to the WCJ for further proceedings.

Lien activation feeLabor Code section 4903.06Angelotti Chiropractic v. Bakerpreliminary injunctionPetition for ReconsiderationWorkers' Compensation Appeals Boardrescinded orderlien claimantWCJtrial level
References
1
Case No. ADJ3107843 (MON 0208626)
Regular
Oct 05, 2009

CHRIS DERBOGHOSSIAN vs. ALL TUNE & LUBE, ERIE INSURANCE COMPANY, CRAWFORD & COMPANY

The Board affirmed the WCJ's decision except for the attorney's fees award for the applicant's wife deposition; the contempt order was rescinded as the WCJ lacked authority to address indirect contempt.

WCABremovalreconsiderationdisqualificationcontemptindirect contemptLabor Code section 5814transportation expenseattorney feesmedical treatment
References
11
Case No. ADJ11422067, ADJ11422915
Regular
Nov 30, 2018

ESTHER BARRIENTOS (DIAZ) vs. STATE OF CALIFORNIA - IHSS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal regarding a Protective Order that excused the applicant and her attorney from a deposition due to a claimed calendar conflict. The Board rescinded the Protective Order, agreeing with the WCJ's report that the matter should be returned for further proceedings. This decision was based on the WCJ's subsequent realization of a lack of full knowledge of prior dealings between the parties. The Board emphasized that expressions of opinion by a judge are not evidence of bias, and erroneous rulings do not necessitate disqualification.

Workers' Compensation Appeals BoardPetition for RemovalProtective OrderDepositionDue ProcessCalendar ConflictPetition to QuashWCJ Report and RecommendationSubstantial JusticeDisqualification of WCJ
References
0
Case No. ADJ7184070
Regular
Aug 17, 2016

ARMANDO RODRIGUEZ vs. PACIFIC EXTERIORS, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal and Disqualification of the WCJ. The lien claimant sought to challenge an order rescinding an earlier lien allowance and a notice of intent to sanction them for allegedly obtaining a settlement without proper authority. The Board found that the lien claimant had adequate recourse through a petition for reconsideration regarding sanctions and that the disqualification allegations were not supported by the record. The WCJ acted appropriately by rescinding the order when concerns were raised, and no bias was demonstrated.

Petition for RemovalWCJLien ClaimantSanctionsDisqualificationCompromise and ReleaseLabor CodeAdministrative Law JudgeOrder Re: LienPetition for Reconsideration
References
1
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