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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

Billy Overstreet v. TRW Commercial Steering Division

This concurring opinion by Judge William C. Koch, Jr. addresses the legal basis for prohibiting ex parte communications between an employer's counsel and an employee's treating physician in a Workers' Compensation Act claim. While the Court's main conclusion relies on an implied-in-law contract theory, Judge Koch advocates for a fiduciary duty stemming from the physician-patient relationship. He clarifies that physicians have a duty of non-disclosure, subject to statutory exceptions for workers' compensation reports, but these exceptions do not permit ex parte communications. The opinion asserts that employees retain their medical privacy unless explicitly altered by law.

Physician-patient privilegeConfidentialityEx parte communicationWorkers' CompensationFiduciary dutyImplied contractMedical records disclosureHIPAALegal ethicsPatient rights
References
34
Case No. 04-82-00017-CV
Regular Panel Decision
Jun 30, 1982

Ex Parte Hovermale

Chester B. Hovermale, the relator, was confined for contempt due to his failure to pay his former wife, Elizabeth M. Hovermale, a portion of his military retirement pay as mandated by their divorce decree. He initiated a habeas corpus proceeding, contending that the division of military retirement benefits in the divorce decree was void, citing the U.S. Supreme Court's ruling in McCarty v. McCarty. The Court of Appeals of Texas, en banc, distinguished McCarty and Hisquierdo based on varying types of preemption. The court declined to retroactively apply McCarty, emphasizing the doctrines of res judicata, finality of judgments, and the importance of stability in family law. Consequently, the court denied Hovermale's request for relief and ordered his remand to the custody of the Sheriff of Bexar County, explicitly rejecting the precedent set by Ex parte Buckhanan.

Preemption DoctrineSupremacy ClauseRetroactive Application of LawRes JudicataFinality of JudgmentsMilitary Retirement BenefitsCommunity Property LawHabeas CorpusContempt of CourtDivorce Decrees
References
47
Case No. 01-23-00174-CR
Regular Panel Decision
Aug 26, 2025

Ex Parte Angel Eugene v. the State of Texas

This case, *Ex parte Angel Eugene*, concerns an appeal from the denial of habeas corpus relief by the 339th District Court in Harris County, Texas. The initial appeal was dismissed for lack of jurisdiction by the First District Court of Appeals but was remanded by the Texas Court of Criminal Appeals to assess the trial court's jurisdiction over a contempt judgment. The central legal question revolves around whether the trial court had the authority to issue and subsequently withdraw a contempt judgment and show cause order, both of which were found to be void due to insufficient notice of the alleged offense. The Court of Appeals affirmed that the trial court lacked jurisdiction for both the initial void contempt orders and their purported dismissal. Ultimately, the denial of habeas corpus relief was affirmed because Angel Eugene was no longer under physical restraint at the time of the habeas hearing, despite her release stemming from invalid orders.

Habeas CorpusContempt JudgmentJurisdictionVoid OrderShow Cause OrderAppellate ReviewCriminal ProcedureDue ProcessRestraint of LibertyTexas Court of Criminal Appeals
References
17
Case No. 03-05-00585-CR, 03-05-00586-CR, 03-05-00589-CR, 03-05-00590-CR, 03-05-00591-CR, 03-05-00592-CR, 03-05-00593-CR, 03-05-00594-CR, 03-05-00595-CR, 03-05-00596-CR, 03-05-00597-CR, 03-05-00598-CR, 03-05-00599-CR, 03-05-00600-CR, 03-05-00601-CR, 03-05-00602-CR, 03-05-00603-CR
Regular Panel Decision
Aug 22, 2008

Ex Parte Ellis

James W. Ellis and John Dominick Colyandro sought the dismissal of indictments accusing them of accepting unlawful campaign contributions and money laundering. They argued that the election code provisions were unconstitutionally vague and overbroad, and that the money laundering statute in effect at the time of the alleged offense was unconstitutionally vague. The trial court denied relief. The Court of Appeals of Texas, Austin, affirmed the orders of the district court, holding that the election code's prohibitions on corporate political contributions are not unconstitutionally vague or overbroad, and the pre-2005 version of the money laundering statute is not unconstitutionally vague on its face as it did not include checks.

Constitutional LawVagueness DoctrineOverbreadth DoctrineCampaign FinanceMoney LaunderingElection LawFirst AmendmentCorporate Political ContributionsStatutory InterpretationCriminal Indictments
References
83
Case No. ADJ8015424, ADJ8102669
Regular
Aug 01, 2018

ESPERANZA SANCHEZ vs. MCDONALD'S/MJD'S, INC., UNITED STATES FIDELITY & GUARANTY, BROADSPIRE

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding the WCJ's order that deferred a discovery dispute regarding ex parte communication. The Board found that allegations of impermissible communication between the defendant and the court-appointed physician must be addressed before further discovery. The case is returned to the trial level for proceedings to determine if ex parte communication occurred and if a new physician is warranted.

Petition for RemovalRegular PhysicianEx Parte CommunicationWCJDepositionsAdmitted EvidenceSubstantial JusticeLabor Code § 5701WCAB Rules § 10324(d)Qualified Medical Evaluator (QME)
References
6
Case No. 03-05-00585-CR
Regular Panel Decision
Aug 22, 2008

Ex Parte John Dominick Colyandro

James W. Ellis and John Dominick Colyandro appealed the denial of their pretrial habeas corpus petitions, seeking dismissal of indictments for unlawful campaign contributions and money laundering. They argued that the Texas Election Code provisions and the money laundering statute were unconstitutionally vague and overbroad. The Court of Appeals for the Third District of Texas affirmed the district court's orders. The court held that the election code's restrictions on corporate campaign contributions were not unconstitutionally vague or overbroad, and that the pre-2005 money laundering statute, which did not include checks or other negotiable instruments as "funds," was also not facially vague.

Campaign FinanceMoney LaunderingConstitutional LawVagueness ChallengeOverbreadth ChallengeFirst AmendmentCorporate Political ContributionsElection CodeStatutory InterpretationPretrial Habeas Corpus
References
50
Case No. 03-21-00294-CV
Regular Panel Decision
Jun 30, 2022

Texas Telephone Association and Texas Statewide Telephone Cooperative, Inc., and Their Participating Members Windstream Services, LLC Texas Windstream, LLC (d/B/A Windstream Communications) Windstream Communications Kerrville, LLC (d/B/A Windstream Communications) Valor Telecommunications of Texas, LLC (d/B/A Windstream Communications Southwest) Windstream Sugar Land LLC v. Public Utility Commission of Texas Peter Lake, Chairman Will McAdams, Commissioner Lori Cobos, Commissioner And Jimmy Glotfelty, Commissioner, Each in His or Her Official Capacity at the Public Utility Commission of Texas

This case involves a dispute over the Texas Universal Service Fund (TUSF), established to ensure affordable telecommunications services statewide. Rural telecommunication service providers (Rural Providers) sued the Public Utility Commission of Texas (PUC) and its Commissioners when the PUC stopped paying full TUSF support amounts. The Rural Providers alleged ultra vires acts by the Commissioners for underfunding TUSF and creating a payment hierarchy, and violations of the APA for implementing these changes without proper rulemaking. The Court of Appeals reversed the trial court's dismissal, finding the Commissioners acted ultra vires and violated APA rulemaking procedures. The decision affirmed in part, reversed and rendered in part, and remanded in part for damages on a regulatory takings claim.

Texas Universal Service FundTelecommunications RegulationPublic Utility CommissionRural TelecommunicationsRegulatory TakingsUltra Vires ActAdministrative Procedure ActRulemaking ViolationDeclaratory JudgmentMandamus Relief
References
76
Case No. ADJ9180559
Regular
Sep 18, 2015

JACKIE SUEHIRO (Dec'd), ALVIN SUEHIRO (Husband) vs. RALPHS GROCERY COMPANY, permissibly self-insured, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board granted the defendant's petition for removal, rescinding a prior Minute Order. The WCJ had found ex-parte communication by the defendant and ordered a new QME panel without a trial or sworn testimony. The Board found this violated the defendant's due process rights, as no evidence was presented to support the ex-parte communication finding. The case is returned to the trial level for a hearing on all issues, including alleged ex-parte communication, with parties afforded the chance to present evidence and witnesses.

Petition for RemovalMinute OrderQualified Medical EvaluatorEx-parte CommunicationDue ProcessWCJReplacement QME PanelLabor Code Section 5313Admitted EvidenceProof of Service
References
1
Case No. ADJ11584415
Regular
Sep 30, 2019

GUY SYLVA vs. CITY AND COUNTY OF SAN FRANCISCO

This case involves an applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that denied temporary disability benefits and a motion to strike a Qualified Medical Evaluator's (QME) reports. The applicant alleged ex parte communication between the defendant and the QME, violating Labor Code section 4062.3. The WCAB granted reconsideration, finding that the issue of ex parte communication was not adequately addressed due to conflicting dates and unadmitted evidence. The matter is remanded to the trial level for further proceedings to determine if ex parte communication occurred and to address the temporary disability issue.

WCABAOE/COEQMEex parte communicationLabor Code section 4062.3Petition for ReconsiderationFindings and Orderremovaltemporary disabilityprimary treating physician
References
15
Case No. MISSING
Regular Panel Decision
May 07, 1998

People v. Tullo

In this case, the court addresses an application for an ex parte order of protection against a defendant charged with aggravated harassment in the second degree, stemming from a single threatening telephone call. The Assistant District Attorney sought the order based on new facts not included in the original accusatory instrument. Judge Joel B. Gewanter denied the application, interpreting CPL 530.13 (2) to limit ex parte orders of protection solely to factual allegations present within the filed accusatory instrument. The court emphasized the necessity of proper notice and an opportunity for the defendant to be heard. It suggested that for new charges, a new complaint and arrest would be the appropriate procedure for issuing such an order.

Aggravated HarassmentSecond DegreeEx Parte Order of ProtectionCriminal Procedure LawCPL 530.13MisdemeanorFirst ImpressionTelephone CallThreatening StatementDue Process
References
0
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