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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision

Employers Casualty Co. v. Texas Attorney General

This case involves an appeal by Employers Casualty Company (Employers) against a trial court's order mandating the withholding of Michael Toliver's workers' compensation benefits to satisfy his child support obligations. Employers argued that the applicable law at the time of Toliver's injury in 1990, Texas Revised Civil Statutes article 8306, § 3(b), exempted such benefits from garnishment or withholding. The Texas Attorney General countered, arguing for the application of a newer statute, article 8308-4.08(b), or that legislative intent supported the withholding. The appellate court reversed the trial court's judgment, holding that the law in effect at the time of injury governs the case, and therefore, Employers is not required to withhold the benefits. However, the court clarified that the benefits are still available for child support directly from Michael Toliver after he receives them.

Workers' Compensation BenefitsChild Support EnforcementWithholding OrderStatutory InterpretationRetroactivity of LawExemption from GarnishmentAppellate ReviewTexas LawInsurance LawDate of Injury Rule
References
14
Case No. 03-04-00295-CV
Regular Panel Decision
Oct 14, 2005

James P. Halfmann v. Employers General Insurance Company

James P. Halfmann appealed from a district court's summary judgment that denied his worker's compensation benefits against Employers General Insurance Company (later clarified as Old Republic Insurance Company). Halfmann raised three issues on appeal: the court erred in granting a no-evidence summary judgment regarding the compensability of his cervical injury, granting traditional summary judgment based on naming the wrong defendant, and failing to grant his motion for a new trial. The Court of Appeals affirmed the judgment, concluding that Halfmann failed to timely respond to the no-evidence motion for summary judgment and did not demonstrate an abuse of discretion in the denial of his motion for a new trial.

Worker's CompensationSummary JudgmentPro Se LitigantAbuse of DiscretionNew Trial MotionAppellate ProcedureCervical InjuryTexas LawInsurance DisputeNo-Evidence Motion
References
12
Case No. 13-17-00346-CV
Regular Panel Decision
May 09, 2019

Audrey Nickerson v. Julio Pineda and Unique Employment, LLC, Unique Employment Services, Unique Employment I, LTD, D/B/A Unique Employment Services

Audrey Nickerson, an employee of the City of Corpus Christi, sued Julio Pineda, a temporary worker, and Unique Employment Services for negligence after Pineda, operating a City-owned backhoe, caused an injury. Appellees filed a plea to the jurisdiction, which the trial court granted. The appellate court affirmed the dismissal of claims against Pineda, determining he qualified as a government employee under the Texas Tort Claims Act and was therefore immune from suit. However, the court reversed the dismissal of claims against Unique Employment Services, concluding that the borrowed-employee doctrine, on which Unique relied, is an affirmative defense to liability and not a jurisdictional matter properly addressed in a plea to the jurisdiction. The case against Unique was remanded for further proceedings.

Plea to the JurisdictionGovernmental ImmunityTexas Tort Claims ActElection of RemediesBorrowed Employee DoctrineNegligenceTemporary StaffingVicarious LiabilityAppellate ReviewSubject Matter Jurisdiction
References
35
Case No. MISSING
Regular Panel Decision

Collingsworth General Hospital v. Hunnicutt

Fredonia Hunnicutt was terminated from Collingsworth General Hospital after a felony conviction for aggravated assault. She was subsequently denied unemployment benefits by the Texas Employment Commission (TEC), which deemed her actions as "misconduct connected with her last work." After an initial reversal by an Appeal Tribunal, the TEC reinstated the denial. The trial court affirmed the TEC's decision, but the court of appeals reversed, finding no sufficient link between the misconduct and her employment. The Supreme Court of Texas reversed the court of appeals' judgment, ruling that substantial evidence supported the TEC's decision to deny benefits, emphasizing the severe nature of the misconduct and its adverse impact on the Hospital's fundamental mission as a healthcare provider, even though the act occurred off-duty.

unemployment benefitsmisconductoff-duty conductaggravated assaultemployer policy violationTexas Labor Codehealthcare industrypublic trustsubstantial evidenceemployment termination
References
9
Case No. 10-86-161-CV
Regular Panel Decision
Aug 06, 1987

Jones v. Houston General Ins. Co.

Eddie Jones, an employee of Hutchins Grass Company, died in the course of employment on September 14, 1977. His beneficiaries sought death benefits under the Texas Worker's Compensation Act from Houston General Insurance Company, which had issued an assigned-risk policy to Hutchins. The carrier cancelled the policy on June 22, 1977, due to the employer's failure to pay interim premiums and file payroll reports. The trial court issued a take-nothing judgment in favor of Houston General, finding the policy was cancelled prior to Jones' death. On appeal, the beneficiaries contended the cancellation was ineffective, arguing only the Assigned Risk Pool could cancel the policy. The Court of Appeals of Texas, Waco, affirmed the judgment, holding that the carrier had the authority to cancel the assigned-risk policy without prior directive from the Assigned Risk Pool, consistent with the policy's terms and statutory interpretation.

Insurance Policy CancellationAssigned Risk PlanDeath Benefits ClaimWorker's Compensation ActStatutory InterpretationPremium Non-PaymentEmployer LiabilityJudicial ReviewTexas LawAppellate Procedure
References
9
Case No. MISSING
Regular Panel Decision

General Electric Co. v. Kunze

Appellee Curtis T. Kunze was awarded damages by a jury after being discharged from his employment with General Electric Company and General Electric Supply Company in violation of Texas Worker’s Compensation Statutes, article 8307c. The damages included lost past and future wages and benefits, and exemplary damages for willful and malicious termination. General Electric appealed, contending that Kunze was fired for poor performance, not for filing a worker's compensation claim, and challenged the sufficiency of evidence for damages and the recoverability of exemplary damages. The appellate court affirmed the lower court's judgment, finding ample evidence to support the jury's findings of wrongful termination and the awarded damages. It also clarified that future lost wages are recoverable under the statute and that prejudgment interest was already factored into the damage awards.

Worker's CompensationWrongful TerminationRetaliatory DischargeExemplary DamagesLost WagesLost BenefitsFuture DamagesPrejudgment InterestEvidence AdmissibilityExpert Witness
References
9
Case No. MISSING
Regular Panel Decision

Claim of Smallwood v. Mereda Realty Corp.

This case involves an appeal from a Workers' Compensation Board decision concerning the employment relationship of a building superintendent, the claimant, who sustained injuries. The Board determined that the claimant was both a general employee of Pueblo Nuevo Associates, the building owner, and a special employee of Mereda Realty Corporation, the managing company, holding both entities 50% liable for the claim. The claimant appealed this determination, specifically contesting the employment relationship with Pueblo Nuevo Associates. The appellate court affirmed the Board's decision, concluding that there was substantial evidence in the record to support the finding of a general employment relationship with Pueblo Nuevo Associates, even though other evidence could have supported a different conclusion.

Employment RelationshipGeneral EmployeeSpecial EmployeeDual EmploymentEmployer LiabilitySubstantial EvidenceAppellate ReviewWorkers' Compensation Board DecisionBuilding SuperintendentRent-free Apartment
References
11
Case No. MISSING
Regular Panel Decision

Blair v. Texas Employment Commission

William G. Blair appealed an order requiring him to produce employment and payroll records to the Texas Employment Commission (TEC). Blair claimed the records were privileged under the Fourth, Fifth, and Fourteenth Amendments, fearing self-incrimination, and offered to produce them only if granted immunity. The Attorney General then filed an application in the 72nd District Court of Lubbock County, which ordered Blair to produce the records. The appellate court affirmed the trial court's judgment, applying the "required records" doctrine, which is an exception to the self-incrimination privilege for records mandated by law for governmental regulation, especially concerning public welfare and the collection of taxes for unemployment compensation.

Required Records DoctrineSelf-IncriminationFifth AmendmentFourth AmendmentFourteenth AmendmentEmployment RecordsPayroll RecordsAdministrative SubpoenaGovernmental RegulationPublic Welfare
References
4
Case No. MISSING
Regular Panel Decision

Attorney General of the State v. Johnson

The Attorney General appealed a judgment awarding Johnson attorney's fees and court costs after a trial court found the Attorney General's fraud claim against Johnson, regarding worker's compensation benefits, to be frivolous. The Attorney General argued that article 8307, section 9a exempted his agency from liability under Chapter 105, that the trial court applied an incorrect legal standard, and that Johnson's motion for fees did not comply with section 105.003. The appellate court affirmed the trial court's judgment, ruling that Chapter 105 is applicable to the Attorney General, that the claim lacked arguable basis as Johnson's form did not inquire about other employment and continuous work during benefits was not wrongful, and that Johnson's motion was timely and procedurally compliant.

Attorney's FeesFrivolous ClaimsWorker's Compensation FraudAppellate ReviewAbuse of DiscretionStatutory InterpretationFraudulent ConcealmentTrial Court Judgment AffirmedLitigation ExpensesState Agency Liability
References
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