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

Case No. 14-18-00274-CV
Regular Panel Decision
Mar 17, 2020

Dr. Louis Patino, D.C. Dr. Stephen Wilson, M.D. And Dr. Gary Craighead, D.C. v. Texas Department of Insurance-Division of Workers' Compensation Commissioner Cassandra J. Brown and Dr. Donald Patrick, in Their Official and Individual Capacities State Office of Administrative Hearings, Texas Chief Administrative Law Judge Cathleen Parsley in Her Official Capacity Tommy Broyles, in His Official Capacity The State of Texas And the Attorney General of the State of Texas

Three doctors, Patino, Wilson, and Craighead, appealed the dismissal of their claims against the Texas Department of Insurance-Division of Workers’ Compensation and other state entities. The doctors were excluded from the state's workers' compensation approved doctor list between 2004 and 2007, leading to administrative penalties and a subsequent lawsuit. The trial court dismissed their claims for lack of jurisdiction, asserting immunity. The appellate court affirmed the dismissal of claims challenging final agency orders due to unexhausted administrative remedies and collateral attack immunity. However, the court reversed the dismissal of the doctors' constitutional challenges to the Workers’ Compensation Act and ultra vires claims against the Commissioner, concluding these claims were properly pleaded and not barred by sovereign immunity.

Physician ExclusionAdministrative LawJudicial ReviewSovereign ImmunityUltra Vires ClaimsConstitutional ChallengeDue Process RightsProfessional LicensingGovernment RegulationTexas Labor Code
References
24
Case No. 03-15-00285-CV
Regular Panel Decision
Jul 01, 2015

Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

This case involves an appeal filed by Volkswagen Group of America, Inc. and Audi of America, Inc. (Appellants) against John Walker III, Chairman of the Texas Department of Motor Vehicles Board, and Administrative Law Judges Michael J. O'Malley and Penny A. Wilkov (Appellees). Appellants sought injunctive relief in district court to prevent Appellees from proceeding with an allegedly ultra vires remand of an administrative contested case after a Proposal for Decision (PFD) had been issued. The district court dismissed the lawsuit based on governmental immunity and failure to exhaust administrative remedies. Appellants argue that Appellees' actions, including ordering the remand and reopening evidence, exceeded their statutory authority under the Administrative Procedure Act and Texas Occupations Code, making governmental immunity inapplicable and exhaustion of remedies unnecessary.

Administrative LawUltra Vires ActsGovernmental ImmunityExhaustion of RemediesJudicial ReviewAgency AuthorityState Office of Administrative HearingsRemandContested CasesStatutory Interpretation
References
31
Case No. 07-07-0039-CV
Regular Panel Decision
Oct 15, 2008

Johnny Rodriguez v. Icon Benefit Administrators, Inc.

This is a dissenting opinion challenging a summary judgment granted in favor of ICON Benefit Administrators, Inc. The appellant, Johnny Rodriguez, Jr., had his initial claims against ICON dismissed with prejudice due to a procedural misstep (failure to obtain leave of court to add ICON as a defendant), which was affirmed on appeal. Subsequently, Rodriguez filed a new lawsuit against ICON, asserting similar and new claims. ICON successfully argued for summary judgment based on the doctrine of res judicata. The dissenting justice contends that the previous dismissal was not a judgment on the merits, thus res judicata should not apply, and due process rights were denied. The dissent would reverse the summary judgment and remand the case for further proceedings.

Summary JudgmentRes JudicataClaim PreclusionIssue PreclusionCollateral EstoppelDismissal With PrejudiceProcedural DismissalDue ProcessAppellate ReviewFinal Judgment
References
16
Case No. 15-25-00061-CV
Regular Panel Decision
Apr 02, 2025

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Fort Bend County appeals a temporary injunction granted by a Harris County District Court, which prevents discovery of mental health records in an ongoing workers' compensation dispute. The underlying administrative case involves a claim for death benefits by Joshua Heiliger, whose spouse, Lauren Brittane Smith, was a paramedic. Heiliger asserts Smith's mental health condition and stress contributed to her death, thus placing her mental health at issue. The Division of Workers' Compensation's Administrative Law Judge (ALJ) issued a subpoena for Smith's mental health records from her psychiatrist, Dr. John Marcellus. Heiliger bypassed the administrative process by obtaining the injunction in District Court. Fort Bend County argues the District Court erred in interfering with the Division's exclusive jurisdiction and that Heiliger failed to exhaust administrative remedies or demonstrate irreparable injury, as Texas law provides a qualified privilege for mental health records with exceptions relevant to this case.

Workers' CompensationTemporary InjunctionDiscovery DisputeMental Health RecordsSubpoena EnforcementAdministrative Law JudgeExclusive JurisdictionExhaustion of Administrative RemediesQualified PrivilegePatient-Litigant Exception
References
53
Case No. MISSING
Regular Panel Decision

Maldonado v. Maryland Rail Commuter Service Administration

This case addresses whether a dismissed action, initially brought against a nonexistent entity with improper service, can be refiled against the intended defendant under CPLR 306-b (b). Plaintiff Maldonado was injured in 1992 and filed an action in 1995, naming "Maryland Rail Commuter Service Administration" based on signage, and attempting service on a temporary worker. This first action was dismissed because the named entity did not exist and service was ineffective. Plaintiffs then filed a second action, correctly naming "Maryland Mass Transit Administration." The Supreme Court allowed the second action, but the Appellate Division reversed, holding the first action was not timely commenced. The Court of Appeals affirmed the Appellate Division's decision, ruling that the resuscitative remedy of CPLR 306-b (b) is unavailable when the initial action failed to name an existing entity and lacked proper service, thus the first action was not "timely commenced" against the intended defendant.

Dismissed ActionNonexistent EntityImproper ServiceCPLR 306-b (b)Statute of LimitationsCommencement of ActionPersonal JurisdictionCure of DeficiencyAmendment of ComplaintAppellate Review
References
4
Case No. M2014-01073-COA-R3-CV
Regular Panel Decision
Jun 23, 2015

Administrative Management Resources, LLC v. James G. Neeley

Administrative Management Resources, LLC (AMR) appealed a decision affirming that it engaged in SUTA dumping by illegally transferring employees between commonly owned entities to obtain lower unemployment insurance premium rates. The Tennessee Department of Labor and Workforce Development, represented by James G. Neeley, had assessed significant penalties against AMR. The Court of Appeals of Tennessee at Nashville affirmed the chancery court's decision, finding substantial and material evidence supported the Department's determination that AMR knowingly violated the Tennessee Employment Security Law. The court also rejected AMR's arguments regarding the Department's authority to aggregate accounts and its due process claims concerning notice and procedural fairness during the administrative hearing.

SUTA dumpingunemployment insurancepremium rate manipulationemployee transfersTennessee Employment Security Lawadministrative decision reviewappellate affirmationcommon ownershipdue processstatutory violation
References
22
Case No. MISSING
Regular Panel Decision

In Re Golden Distributors, Ltd.

The debtor, Golden Distributors, Ltd., in a Chapter 11 case, moved to classify employee benefit claims, while several unions cross-moved for full administrative expense treatment. The court addressed the priority of sick leave, personal holidays, vacation, and severance pay for both union and non-union former employees. It concluded that most of these claims, including all severance pay and union vacation pay, qualify as administrative expenses or similar high-priority claims. However, all such employee claims were deemed subordinate to the super-priority secured liens held by the post-petition lenders.

BankruptcyChapter 11Administrative ExpensesEmployee BenefitsSeverance PayVacation PayCollective Bargaining AgreementSuper-priority LiensDebtor in PossessionUnions
References
17
Case No. 04-12-00681-CV
Regular Panel Decision
Jul 24, 2013

the Texas State Office of Administrative Hearings v. Carol Birch, Charles Homer, Ann Landeros and Carol Wood

This is an interlocutory appeal concerning the denial of a plea to the jurisdiction filed by the Texas State Office of Administrative Hearings (SOAH) in a wrongful termination case. Former Administrative Law Judges (ALJs) Carol Birch, Charles Homer, Ann Landeros, and Carol Wood sued SOAH, alleging employment discrimination and retaliation under the Texas Commission on Human Rights Act (TCHRA) and common law wrongful termination. The SOAH appealed the trial court's denial of its pleas to the jurisdiction, arguing the ALJs failed to provide prima facie evidence for their claims, thus negating sovereign immunity waiver. The appellate court affirmed the denial of SOAH's plea for Wood's and Birch's age and gender discrimination claims, and Birch's retaliation claim for seeking accommodation due to sufficient evidence. However, the court reversed and rendered judgment dismissing all claims by Landeros and Homer, Wood's retaliation claim, Birch's disability discrimination claim, and Birch's retaliation claim related to speaking out against disparate treatment, due to insufficient evidence.

Employment DiscriminationRetaliationSovereign ImmunityPlea to the JurisdictionConstructive DischargeAdverse Employment ActionTexas Labor CodeTCHRAAdministrative Law Judges (ALJs)Age Discrimination
References
52
Case No. docket # 1
Regular Panel Decision

Equal Employment Opportunity Commission v. Alliance Residential Co.

The U.S. Equal Employment Opportunity Commission (EEOC) sought to enforce an administrative subpoena against Aliance Residential Company as part of an Americans with Disabilities Act (ADA) investigation. The investigation stemmed from a charge filed by former employee Monica Laurel, who alleged wrongful termination after exhausting FMLA leave due to a spinal impairment, under Aliance's company-wide medical leave policy. Aliance objected to the subpoena, arguing irrelevance, undue burden, harassment, and privacy concerns regarding other employees' medical and personal information. The Court granted the EEOC's application, finding the requested company-wide information relevant to illuminate Aliance's general policies bearing on the complainant's situation. It also determined that while compliance might be inconvenient, it did not constitute an undue burden or harassment, and existing statutory safeguards adequately addressed privacy concerns, except for compelling Alliance to interview former employees over whom it had no control.

Employment DiscriminationADAFMLAAdministrative Subpoena EnforcementDisability DiscriminationEEOC InvestigationRelevancy of EvidenceUndue BurdenConfidentiality ConcernsCompany-wide Policy
References
26
Case No. MISSING
Regular Panel Decision

City of Arlington v. Nadig

The City of Arlington sought judicial review of a Texas Workers’ Compensation Commission (TWCC) decision and later pursued reimbursement from the TWCC Subsequent Injury Fund. Following the TWCC's refusal to reimburse, the City moved for leave to file a petition for writ of mandamus against the TWCC executive director and the Subsequent Injury Fund administrator. The City argued that the Texas Supreme Court had exclusive jurisdiction over the TWCC executive director. However, the Court, referencing prior case law, concluded that it did not possess exclusive mandamus jurisdiction over these officials. Consequently, the motion for leave was overruled, without prejudice to the City's right to seek mandamus relief in a lower court.

MandamusJurisdictionWorkers' CompensationState OfficersExecutive DepartmentReimbursementSubsequent Injury FundTexas Supreme CourtAppellate ProcedureOriginal Proceeding
References
3
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