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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

Perfect Dental, PLLC v. Allstate Insurance

In this consolidated action, plaintiffs Perfect Dental Care, P.C., Zodiac Dental, PLLC, and Smooth Dental PLLC (Dental PCs) sought unpaid insurance claims from Allstate Insurance Company and State Farm Mutual Automobile Insurance Company (Insurers). The Insurers countersued alleging insurance fraud and unjust enrichment, and initiated a third-party action against various individuals and entities. The Insurers moved for partial summary judgment, seeking a declaratory judgment that Dental PCs could not recover for services provided by dentists and physical therapists, and for summary judgment on their fraud and unjust enrichment counterclaims. The court denied summary judgment concerning dentists' services, finding a triable issue of fact regarding their employment status. However, it granted summary judgment for the Insurers regarding physical therapy services, as Dental PCs conceded these services were provided by non-employees. Consequently, the court also denied summary judgment on the fraud and unjust enrichment claims, as their resolution depended on the unresolved employment status of the dentists.

Insurance ClaimsHealthcare ServicesContract LawSummary JudgmentProfessional CorporationsIndependent ContractorsEmployment LawFraud AllegationsUnjust EnrichmentDeclaratory Judgment
References
17
Case No. 04-14-00829-CV
Regular Panel Decision
Dec 24, 2014

Western Rim Property Services Inc. v. Paula Bazan-Garcia

This case involves an appeal by Western Rim Property Services, Inc. (WRPS) from a trial court order denying its motion to compel arbitration against former employee Paula Bazan-Garcia. Bazan-Garcia, an at-will employee, signed an Arbitration Agreement and an Employee Acknowledgement form, both incorporating AAA rules for dispute resolution. She later sued WRPS for wrongful termination, alleging workers' compensation retaliation and FMLA violations. WRPS moved to compel arbitration, but Bazan-Garcia opposed, arguing the agreement was unconscionable due to limitations on discovery, mandatory cost-sharing, and a specified arbitration venue in Dallas County. The trial court found the arbitration agreement unconscionable and denied WRPS's motion. WRPS argues that the trial court abused its discretion, contending that Bazan-Garcia clearly agreed to arbitrate, that the issue of unconscionability was delegated to the arbitrator by reference to AAA rules, and that, even if the court had jurisdiction, the agreement is not unconscionable or any problematic terms should be severed.

Employment LawArbitration AgreementUnconscionabilityWrongful TerminationRetaliatory DischargeFMLAWorkers CompensationContract LawTexas LawAAA Rules
References
36
Case No. MISSING
Regular Panel Decision

Western Regional Off-Track Betting Corp. v. Service Employees International Union

Plaintiff Western Regional Off-Track Betting Corporation (OTB) moved for summary judgment, seeking to define its job security obligations, declare defendant's interference with 'interface' illegal, and obtain a permanent injunction. Defendant Service Employees International Union, AFL-CIO, Local 235 (Local 235) cross-moved for summary judgment, requesting dismissal of the complaint and an order compelling OTB to negotiate a job security agreement. The central issue revolved around whether the Off-Track Pari-Mutuel Betting Law allowed OTB to unilaterally establish job security provisions or mandated bilateral negotiation with the union. The court concluded that legislative intent and regulations (9 NYCRR 5203.5) required bilaterally negotiated agreements. Consequently, the court denied OTB's motion and granted Local 235's cross-motion, ordering OTB to negotiate a job security agreement.

Job SecurityOff-Track Betting LawPari-Mutuel BettingCollective BargainingSummary JudgmentUnion RightsStatutory InterpretationRacing and Wagering BoardLabor DisputeNegotiated Agreements
References
11
Case No. ADJ7594309
Regular
Dec 08, 2014

ANA DURAND ACOSTA vs. WESTERN DENTAL SERVICE, HARTFORD ACCIDENT & INDEMNITY CO.

In this Workers' Compensation Appeals Board case, the applicant, Ana Durand Acosta, successfully established that she sustained a work-related injury to her spine and wrists while employed by Western Dental Service. The administrative law judge awarded temporary and permanent disability benefits based on this finding. The employer and their carrier sought reconsideration, arguing the trial proceeded prematurely and lacked sufficient medical evidence. The Board denied the petition, adopting the judge's report and affirming the original award.

Western Dental ServiceHartford Accident & Indemnity Co.cervical spine injurylumbar spine injurywrist injurytotal temporary disabilitypermanent disabilityapportionmentPetition for ReconsiderationFindings and Award
References
0
Case No. 120 AD3d 1323
Regular Panel Decision
Sep 17, 2014

Tara N.P. v. Western Suffolk Board of Cooperative Educational Services

The plaintiff, Tara N.P., commenced an action to recover damages for personal injuries after being sexually assaulted by Larry I. Smith, a level three sex offender, at a facility where she was attending a GED course. Smith was referred to the facility by the Suffolk County Department of Labor as part of a 'welfare to work' program, despite an agreement that the facility would not accept individuals with criminal records. The Department of Labor allegedly failed to disclose Smith's criminal background. The appellants (County of Suffolk, Suffolk County Department of Social Services, and Suffolk County Department of Labor) moved for summary judgment dismissing the complaint and all cross claims against them, asserting governmental immunity. The Supreme Court denied their motion. The Appellate Division modified the order, granting summary judgment to the appellants on the complaint against them, finding no special duty owed to the plaintiff. However, the Court affirmed the denial of summary judgment on the cross-claims, citing a triable issue of fact as to whether the appellants breached a duty of care to NACEC.

Personal InjuryGovernmental ImmunitySpecial DutySummary JudgmentContribution ClaimSex OffenderNegligenceDepartment of LaborSexual AssaultAppellate Review
References
8
Case No. 03-10-00709-CV
Regular Panel Decision
Aug 31, 2011

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Green Tree Servicing, LLC appealed a post-answer default judgment concerning ad valorem taxes on mobile homes. The original suit was filed by Travis County and other entities against Conseco Finance Servicing Corporation, later substituted with Green Tree. Green Tree failed to appear at trial, resulting in a default judgment. Green Tree filed a motion for new trial, asserting its failure to appear was due to an accident or mistake (attorney transition) and that it had a meritorious defense, arguing that as a repossessing lienholder and not an owner, it was not liable for the taxes under Texas Tax Code Ann. § 32.07. The appellate court applied the Craddock test and found that Green Tree satisfied all three elements. The court adopted the interpretation that a repossessing lienholder is not considered an 'owner' under the tax code. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Post-answer default judgmentAd valorem taxesMobile homesLienholder liabilityProperty ownershipMeritorious defenseCraddock testNew trialStatutory interpretationTexas Tax Code
References
22
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

Western Steel Co. v. Altenburg

Hank Altenburg, a temporary worker hired by Unique Employment Services, was injured while working for Western Steel Company. Altenburg sued Western Steel, which asserted a workers' compensation policy as a bar to the action, claiming Altenburg was a borrowed employee. The trial court denied Western's motion for summary judgment, and a jury found Altenburg was not a borrowed employee. The court of appeals affirmed the trial court, ruling that Western Steel failed to prove it had workers' compensation insurance. However, the Supreme Court of Texas determined that the existence of Western Steel's workers' compensation policy was undisputed. The Supreme Court reversed the court of appeals' judgment and remanded the case for further proceedings to address the sufficiency of the evidence for the jury's verdict regarding the borrowed employee status.

Workers' CompensationBorrowed EmployeeExclusive RemedySummary JudgmentAppellate ReviewSufficiency of EvidenceInsurance PolicyTemporary WorkerTexas LawRemand
References
6
Case No. 15-25-00012-CV
Regular Panel Decision
Mar 17, 2025

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

This is an interlocutory appeal from a denial-in-part of Appellants’ plea to the jurisdiction. Appellee filed an action against the State of Texas, TFC, HHSC, Executive Director Mike Novak of TFC, and Deputy Executive Commissioner for System Support Services Division of HHSC Rolland Niles alleging causes of action for breach of lease, ultra vires conduct related to the termination of the lease, and declaratory relief. Appellants argue that the trial court erred in denying their plea because Chapter 114 of the Texas Civil Practices and Remedies Code does not waive sovereign immunity for the State of Texas, HHSC, or TFC for breach of lease claims, and the lease is not a contract for goods or services covered by Chapter 114. Furthermore, Appellants contend that the Uniform Declaratory Judgments Act (UDJA) does not waive sovereign immunity for Appellee's declaratory judgment claim as it does not challenge the constitutionality or validity of a statute, and Appellee has not alleged a cognizable ultra vires claim against the state officials. Appellants seek reversal of the partial denial of their plea to the jurisdiction and dismissal of Appellee's claims.

Sovereign ImmunityBreach of LeaseDeclaratory JudgmentUltra ViresTexas Civil Practices and Remedies CodeTexas Government CodeAppellate ProcedureJurisdictionState AgenciesContract Law
References
44
Case No. MISSING
Regular Panel Decision

Superior Snubbing Services, Inc. v. Energy Service Company of Bowie, Inc.

Superior Snubbing Services, Inc. appealed a summary judgment granted in favor of Energy Service Company of Bowie, Inc. The case originated from an injury sustained by a Superior employee, Daryll Faulk, while working under a Master Service Agreement between Superior and Mitchell Energy Corporation (now Devon Energy Operating, L.P.). Faulk sued Energy and others, leading to a settlement, after which Energy and Mitchell sought indemnity from Superior based on the contract. Superior argued that Energy's claims were barred by the exclusive remedy provisions of the Texas Labor Code and the contract was unenforceable under the Texas Oilfield Anti-Indemnity Act. The appellate court reversed the trial court's judgment, concluding that under Texas Labor Code section 417.004, third-party beneficiaries like Energy are not permissible indemnitees because the agreement was not directly with the 'third party'.

Workers' CompensationIndemnificationContractual LiabilityTexas Labor CodeOilfield Anti-Indemnity ActSummary JudgmentStatutory InterpretationThird-Party BeneficiaryAppellate ReviewReverse and Remand
References
12
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