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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

Claim of Rodriguez v. Reicon Group, LLC

Claimant, a dock builder, was injured and sought state workers' compensation benefits. The employer contested the Workers’ Compensation Board's jurisdiction, asserting that the Longshore and Harbor Workers’ Compensation Act (LHWCA) was applicable and a waiver of federal rights under Workers’ Compensation Law § 113 was required. Both the Workers’ Compensation Law Judge and the Board found concurrent jurisdiction between state law and the LHWCA for land-based injuries, rendering a § 113 waiver unnecessary. The appellate court affirmed, clarifying that § 113 applies only where a federal scheme preempts state remedies, which is not the case with LHWCA. The court also highlighted that concurrent jurisdiction prevents double recovery.

Concurrent JurisdictionLongshore and Harbor Workers’ Compensation ActWorkers’ Compensation BoardAdmiralty LawFederal PreemptionWaiver of Federal RightsLand-Based InjuriesDock BuilderDouble RecoveryJones Act
References
12
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. MISSING
Regular Panel Decision
Nov 08, 2006

Texas Ass'n of School Boards Risk Management Fund v. Benavides Independent School District

The Texas Association of School Boards Risk Management Fund appealed the denial of its plea to the jurisdiction concerning claims brought by the Benavides Independent School District. The School District had sued for breach of contract, torts (DTPA, breach of duty of good faith and fair dealing, fiduciary duties, negligence, gross negligence), and a declaratory action. The appellate court affirmed the trial court's denial of the plea to the jurisdiction for contractual claims, citing a waiver of immunity under Chapter 271 of the Texas Local Government Code, as supported by Ben Bolt-Palito Blanco. However, the court reversed the trial court's order regarding the tort claims, ruling that governmental immunity from suit had not been waived for these claims, thereby dismissing them for lack of jurisdiction. The court also held that governmental immunity exists between political subdivisions unless expressly waived.

Governmental ImmunitySovereign ImmunityPlea to JurisdictionContract ClaimsTort ClaimsInterlocal Cooperation ActLocal Government CodeWaiver of ImmunityPolitical SubdivisionsSchool District
References
12
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

Texas Department of Family & Protective Services v. Parra

Norma Parra sued the Texas Department of Family and Protective Services for retaliatory discharge after her employment was terminated following a motor vehicle accident and subsequent worker's compensation claim. The Department filed a plea to the jurisdiction, arguing sovereign immunity had not been clearly and unambiguously waived for such claims, especially considering Section 311.034 of the Texas Government Code. The trial court denied the Department's plea. On interlocutory appeal, the appellate court affirmed the trial court's order, concluding that the State Applications Act (SAA) provides a clear and unambiguous waiver of sovereign immunity for retaliation claims against state agencies, and that Section 311.034 did not alter the existing legal framework for determining such waivers.

Retaliatory DischargeSovereign ImmunityWorker's Compensation BenefitsState AgencyPlea to JurisdictionStatutory InterpretationWaiver of ImmunityEmployment LawTexas Labor LawGovernmental Immunity
References
4
Case No. MISSING
Regular Panel Decision

Texana Community MHMR Center v. Silvas

Silvas, an employee of an independent contractor, sued Texana Community MHMR Center after slipping on water and injuring her knee at Texana's facility in October 1998. Texana filed a plea to the jurisdiction, arguing that Silvas failed to comply with the notice provisions of the Texas Tort Claims Act (TTCA) and did not allege facts bringing her claim within the TTCA's limited waiver of sovereign immunity. Silvas contended that Texana had actual notice of the claim. The trial court denied Texana's plea. On interlocutory appeal, the court reviewed the evidence and concluded that Silvas's communication did not constitute actual notice under the TTCA because it failed to convey Texana's alleged fault or the identity of parties intending to hold Texana responsible. Therefore, the appellate court reversed the trial court's order and dismissed the case for lack of subject matter jurisdiction due to insufficient notice.

Sovereign ImmunityTexas Tort Claims ActActual NoticeInterlocutory AppealPlea to the JurisdictionGovernmental UnitPersonal InjuryNegligenceWaiver of ImmunityAppellate Review
References
27
Case No. MISSING
Regular Panel Decision
Apr 05, 1979

Jordan v. Estate of Newman

The Workers' Compensation Board awarded benefits to a claimant for injuries sustained in 1974. The employer, Jennie Newman, died in October 1974, and no legal representative was appointed for her estate. The court determined that the Board lacked jurisdiction to make an award against the deceased employer's estate as no party existed over which it could exercise jurisdiction following Newman's death, citing that proceedings against a deceased party before substitution of a personal representative are null and void. The case was reversed and remitted to the Board to secure jurisdiction over Newman's estate through the appointment of a legal representative. The court also rejected the Uninsured Employers' Fund's argument of waiver of personal jurisdiction, stating there was no factual support and waiver was impossible without a legally appointed representative for the estate.

Workers' CompensationJurisdictionDeceased EmployerLegal RepresentativeEstateUninsured Employers' FundRemittalPersonal JurisdictionWaiverAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

People v. Cuadrado

The Supreme Court granted the defendant's motion under CPL 440.10, vacating an earlier conviction for first-degree assault, due to a perceived jurisdictionally defective waiver of indictment. The Appellate Division reversed this order, denying the defendant's motion and reinstating the original conviction and sentence. The majority held that CPL 440.10(2)(c) bars the defendant from raising an issue in a collateral attack that could have been reviewed on direct appeal, even if it concerns a jurisdictional defect. The court rejected the argument that applying this statutory bar in such a case would be unconstitutional. The dissenting opinion argued that the conviction was void ab initio because the waiver of indictment violated CPL 195.10(2)(b), asserting that such a fundamental jurisdictional defect cannot be procedurally waived.

Criminal ProcedureCPL 440.10Waiver of IndictmentJurisdictional DefectCollateral AttackAppellate ProcedureDue ProcessSuperior Court InformationConstitutional RightsJudgment Vacatur
References
34
Case No. MISSING
Regular Panel Decision

Texas Tech University Health Sciences Center v. Ward

Texas Tech University Health Sciences Center (TTUHSC) and University Medical Center (UMC) appealed the denial of their pleas to the jurisdiction in a medical malpractice suit. The suit was filed by Carita and Dustin Ward, whose stillborn child's death was attributed to alleged negligence involving a fetal heart rate monitor. The Wards contended that the death fell under the Texas Tort Claims Act's limited waiver of sovereign immunity due to the 'condition or use of tangible personal property,' specifically the monitor. The appellate court analyzed the Act's provisions and Supreme Court precedents, noting the narrowing interpretation of the waiver, particularly the deletion of 'some' before 'use' and 'condition' in the codified version. Ultimately, the court determined that the Wards' allegations concerned 'misuse of information and negligence by medical staff' ('failing to recognize and respond') rather than a direct causal link between the monitor's use and the injury. Consequently, the court found no waiver of sovereign immunity, reversed the trial court's order, granted the pleas to the jurisdiction, and dismissed the Wards' claims.

Medical MalpracticeSovereign ImmunityTexas Tort Claims ActWaiver of ImmunityFetal Heart Rate MonitorTangible Personal PropertyProximate CausePlea to JurisdictionStillbirthNegligence
References
38
Case No. MISSING
Regular Panel Decision

Bass v. Waller County Sub-Regional Planning Commission

The Waller County Sub-Regional Planning Commission challenged the court's jurisdiction over an appeal filed by James Bass, Executive Director of the Texas Department of Transportation. The appeal concerned interlocutory orders from a district court, which included granting partial summary judgment to the Planning Commission and deferring a ruling on a plea to the jurisdiction by the Executive Director. The Executive Director argued for jurisdiction under Section 51.014(a)(8) of the Civil Practice and Remedies Code, asserting an implicit denial of his jurisdictional challenges. However, the appellate court concluded it lacked jurisdiction because the district court's explicit deferral of the jurisdictional ruling contradicted any implied denial, or alternatively, effectively vacated any such implied ruling. Consequently, the Planning Commission's motion was granted, and the appeal was dismissed.

interlocutory appealsubject-matter jurisdictiongovernmental immunityplea to the jurisdictionpartial summary judgmentTexas Civil Practice and Remedies CodeLocal Government Codemandamus reliefinjunctive reliefultra vires claims
References
26
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