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

Case No. 13-00-313-CV
Regular Panel Decision
Nov 21, 2001

Montemayor, Rolando v. Chapa, Rolando, U.S.A., Waste-Management Resources, LLC, and Waste-Management of Texas, Inc., F/D/A U.S.A. Waste of Texas, Inc.

Rolando Montemayor, a temporary employee assigned to Waste Management, was injured in an automobile accident and received worker's compensation benefits through his general employer, Express Personnel Services. He subsequently sued Waste Management and its employee, Rolando Chapa, for negligence. The trial court granted summary judgment for the defendants, citing the borrowed servant and fellow servant doctrines, which bar common-law claims under the Texas Worker's Compensation Act's exclusive remedy provision. The Court of Appeals affirmed this decision, finding that Waste Management had the right of control over Montemayor, making him a borrowed servant, and Chapa a co-employee, thus upholding the summary judgment.

worker's compensationsummary judgmentborrowed servant doctrinefellow servant doctrinerespondeat superiortemporary employmentexclusive remedyTexas lawappellate reviewnegligence
References
18
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. MISSING
Regular Panel Decision

Cox v. WASTE MANAGEMENT OF TEXAS, INC.

Appellant Eric Cox sued his employer, Waste Management of Texas, Inc., and his supervisor, Tony Wadley, for sexual harassment, retaliation, assault, and negligent retention or supervision. Cox alleged Wadley engaged in unwelcome romantic and sexual overtures, creating a hostile work environment. Waste Management conducted an investigation, suspended Wadley, and offered Cox alternative work arrangements, which Cox considered insufficient, leading to his resignation. The trial court granted summary judgment for both defendants. The appellate court affirmed the trial court's decision, finding no tangible employment action for quid pro quo harassment, that Waste Management took prompt remedial action for the hostile work environment claim, no adverse employment action for retaliation, no evidence for assault, and that negligent retention/supervision claims were barred by workers' compensation.

Sexual HarassmentHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentNegligent SupervisionNegligent RetentionEmployment DiscriminationTexas Labor LawAppellate Court Decision
References
55
Case No. 14-17-00433-CV
Regular Panel Decision
Feb 21, 2019

Robert Stevenson v. Waste Management of Texas, Inc. and Rigoberto Zelaya

In this personal-injury case, a worker, Robert Stevenson, hired by a temporary-employment supplier suffered serious injuries while performing tasks for Waste Management of Texas, Inc. The trial court granted summary judgment dismissing Stevenson’s negligence claim, citing the Workers’ Compensation Act’s exclusive-remedy provision, asserting Stevenson was an employee of Waste Management. Stevenson appealed, arguing a genuine issue of material fact exists regarding his employment status. The appellate court found that the summary-judgment evidence raises a genuine issue of material fact as to whether Stevenson was Waste Management’s “employee” under the statute. Consequently, the court reversed the trial court's judgment and remanded the case for further proceedings.

Employment LawSummary JudgmentIndependent ContractorNegligencePersonal InjuryTemporary EmploymentRight to ControlAppellate ReviewTexas LawMaster Agreement
References
17
Case No. 2-08-446-CV
Regular Panel Decision
Oct 29, 2009

Eric Cox v. Waste Management of Texas, Inc. and Tony Wadley

Eric Cox appealed the trial court's summary judgment in favor of Waste Management of Texas, Inc. and his supervisor, Tony Wadley. Cox had sued alleging sexual harassment, intentional infliction of emotional distress (IIED), and negligent retention or supervision. The court affirmed the summary judgment, ruling that Cox did not suffer a tangible employment action for quid pro quo harassment, Waste Management took prompt remedial action for the hostile work environment claim, and no adverse employment action occurred for the retaliation claim. The court also dismissed the assault and negligent retention/supervision claims, and noted the IIED claim against Wadley was not properly pleaded.

Sexual HarassmentHostile Work EnvironmentQuid Pro Quo HarassmentRetaliation ClaimConstructive DischargeSummary JudgmentAffirmative DefenseLabor CodeTexas Court of AppealsEmployment Discrimination
References
56
Case No. 19-0282
Regular Panel Decision
Apr 30, 2021

Waste Management of Texas, Inc. and Rigoberto Zelaya v. Robert Stevenson

Justice Boyd issues a concurring opinion, agreeing with the Court's judgment that Robert Stevenson was an employee of Waste Management of Texas, Inc. under the Workers' Compensation Act, but disagrees with the Court's reasoning. He argues that the Court errs by creating a new test for employee status in workers' compensation cases, diverging from the well-established 'right-to-control' test applicable to both workers' compensation and vicarious liability. Boyd emphasizes that an express contract denying the right to control can be overcome by conclusive evidence of actual control if it demonstrates the contract was a sham or implicitly modified. He concludes that the summary-judgment record in this case compellingly shows Waste Management's persistent and comprehensive control over Stevenson's work, thus establishing an employer-employee relationship.

Workers' CompensationEmployee StatusIndependent ContractorRight to ControlDual EmploymentContractual InterpretationTexas Supreme CourtConcurring OpinionVicarious LiabilityStaffing Agency
References
23
Case No. MISSING
Regular Panel Decision
Apr 17, 2012

Mullin v. Waste Management of New York, LLC

This case involves an appeal from an order granting partial summary judgment. The plaintiff, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder on Riccelli's trailer at a Waste Management of New York, LLC facility. An agreement between Riccelli and Waste Management required Riccelli to name Waste Management as an additional insured on various insurance policies. Waste Management successfully moved for partial summary judgment on a breach of contract claim against Riccelli due to Riccelli's failure to name Waste Management as an additional insured. Riccelli's subsequent motion to submit new evidence was denied as the evidence was available previously and would not alter the outcome. The court found that Waste Management was not an additional insured on the CGL or automobile liability policies at the time of the accident.

Breach of ContractAdditional InsuredSummary JudgmentInsurance CoverageThird-Party LiabilityAppellate ReviewDenial of Motion to RenewWorkers' Compensation PolicyCommercial General LiabilityAutomobile Liability Policy
References
2
Case No. 02-23-00043-CV
Regular Panel Decision
Jan 23, 2025

Waste Management of Texas, Inc. v. Maria Dodd, Individually and as Independent Administrator of the Estate of Emilio Dodd, Jr.

This case involves a wrongful-death claim stemming from a fatal workplace accident at the DFW Landfill. Emilio Dodd Jr., an employee of Waste Management of Texas, Inc., was killed by a vehicular trailer while directing traffic. His spouse, Maria Dodd, sued Waste Management for gross negligence after settling with the trailer-truck driver and his employer. A jury found Waste Management grossly negligent and awarded punitive damages, which the trial court reduced. On appeal, Waste Management challenged the legal sufficiency of the gross-negligence finding, arguing that Dodd's supervisor, Ricky White, was not employed in a "managerial capacity" to attribute his actions to the corporation. The appellate court agreed, finding insufficient evidence that White met the legal definition of a manager or that the lack of a traffic-control plan by district manager Johnny Smith constituted gross negligence with conscious indifference to Dodd's specific risk. The judgment of the trial court was reversed, and judgment rendered that Maria Dodd take nothing on her claim.

Wrongful DeathGross NegligencePunitive DamagesWorkplace AccidentLegal SufficiencyManagerial CapacityCorporate LiabilitySupervisor ConductTraffic ControlAppellate Review
References
30
Case No. 2017-05-0613
Regular Panel Decision
Nov 30, 2017

Lasser, Richard v. Waste Management, Inc.

Richard Lasser, an employee of Waste Management, Inc., sustained multiple injuries on March 28, 2017. Following authorized treatment and resulting restrictions, Waste Management offered him alternative modified work at a rescue mission. Mr. Lasser rejected this offer, citing personal reasons and questioning the propriety of the assignment, leading Waste Management to suspend his temporary disability benefits. The Court of Workers’ Compensation Claims, presided over by Judge Thomas Wyatt, conducted an Expedited Hearing and denied Mr. Lasser's claim for temporary partial disability benefits. The Court ruled that Mr. Lasser's refusal of the available work was due to personal reasons unrelated to his injury, thus not entitling him to the requested benefits.

Workers' CompensationTemporary Disability BenefitsExpedited HearingModified Work RefusalPersonal ReasonsEmployer AccommodationEmployee RestrictionsDisability Benefits DenialTennessee LawCourt of Workers’ Compensation Claims
References
2
Case No. DC-15-604
Regular Panel Decision
Nov 10, 2015

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in Their Official Capacities v. BFI Waste Services of Texas, LP D/B/A Allied Waste Services of Rio Grande Valley

BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley (Plaintiff) sued the City of Rio Grande, Texas and its elected officials (Defendants) after the City attempted to prematurely terminate its exclusive solid waste collection contract with Allied Waste and entered into an agreement with Grande Garbage Collection Co. (Intervenor/Plaintiff). Allied Waste sought a temporary injunction, arguing that the City's actions constituted a breach of contract and violated various constitutional rights, including the Contract Clause and Due Process. The District Court, presided over by Judge Migdalia Lopez, conditionally granted Allied Waste's request for a temporary injunction on November 10, 2015, restraining the City from interfering with Allied Waste's exclusive contractual rights. The defendants, including Grande Garbage Collection Co., are appealing this temporary injunction.

Contract DisputeExclusive FranchiseWaste ManagementMunicipal LawTexas LawConstitutional RightsDue ProcessInterlocutory AppealTemporary InjunctionBreach of Contract
References
31
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