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

Case No. 03-03-00355-CV
Regular Panel Decision
Apr 08, 2004

Albert Hawkins, in His Capacity as Commissioner of Health & Human Services The Texas Health & Human Services Commission And the Texas Department of Health v. Dallas County Hospital District D/B/A Parkland Health and Hospital System

This case involves an appeal concerning the rules and formulas used to reimburse Texas teaching hospitals for graduate medical education (GME) costs from Medicaid funds. The core dispute is whether the Texas Health and Human Services Commission was legally mandated to use a specific statutory formula based on a hospital's annual actual GME costs, or if it could continue using its existing rule, which derived costs from a 1984 base-period figure adjusted for inflation, mirroring the federal Medicare approach. Dallas County Hospital District, operating Parkland Memorial Hospital, sued the department, alleging underpayment of over $72 million due to the use of the incorrect formula. The district court ruled in favor of Parkland, declaring the department's rules invalid. The appellate court affirmed this judgment, concluding that the statutory formula for reimbursement was mandatory, while the department's discretion was limited to calculating variables within that prescribed formula, not to establishing an alternative method.

Medicaid reimbursementGraduate Medical EducationTeaching HospitalsStatutory interpretationTexas Health and Human Services CommissionParkland Memorial HospitalHealthcare fundingAdministrative lawJudicial reviewHealth policy
References
13
Case No. MISSING
Regular Panel Decision

Hawkins v. Dallas County Hospital District

This case concerns the rules and formulas used to reimburse Texas teaching hospitals for a portion of their annual costs of providing graduate medical education (GME) to resident physicians from Medicaid funds. The Dallas County Hospital District, operating Parkland Memorial Hospital, sued the Health and Human Services Commission and its commissioner, Hawkins, seeking a declaratory judgment that the department's existing reimbursement rules were invalid and contrary to former section 32.0315 of the Texas Human Resources Code, which mandated reimbursement based on annual costs rather than a 1984 base-period figure. The district court ruled in favor of Parkland, granting summary judgment and a permanent injunction. On appeal, the department argued that the statute granted it broad discretion to establish alternative formulas. The appellate court affirmed the district court's judgment, concluding that former section 32.0315(d) established a mandatory reimbursement formula, and the department's discretionary powers under other subsections were limited to calculating variables within that formula without contradicting its terms.

Medicaid ReimbursementGraduate Medical EducationTeaching HospitalsStatutory ConstructionAdministrative LawHealth and Human Services CommissionTexas LawPublic Funds AllocationDeclaratory JudgmentPermanent Injunction
References
21
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Casey

This case involves an appeal by an employer and its carrier from a Workmen’s Compensation Board decision regarding the computation of a claimant’s average weekly wage under Workmen’s Compensation Law § 14. The board initially disregarded subdivision 1 of section 14, which mandates a specific formula (300 times the average daily wage for a six-day worker employed "substantially the whole of the year"), and instead used the claimant's actual annual earnings ($2,345.33 for 309 days worked) because it was higher than the formula's result ($2,277). The court reversed this decision, asserting that section 14 establishes a universally applicable formula for six-day employees who worked "substantially the whole of the year," regardless of whether they worked slightly more or less than 300 days. The court found that using subdivision 3 for alternative methods was inappropriate and distinguished previous cases cited by the board. The matter was remitted for further proceedings consistent with the court's interpretation, with costs awarded to the appellants against the Workmen’s Compensation Board.

Average Weekly WageWorkmen's Compensation LawWage ComputationSix-day WorkerSubstantially Whole YearStatutory InterpretationAppellate ReviewReversed and RemittedWorker's Compensation BoardEmployer Liability
References
6
Case No. MISSING
Regular Panel Decision

Campaign for Fiscal Equity, Inc. v. State

Justice Smith's concurring opinion emphasizes that New York State's constitutional requirement for a "sound basic education" now necessitates the opportunity for a high school education that prepares students for competitive employment and higher education, moving beyond rudimentary skills. The opinion critically analyzes the State's existing 54-formula system for distributing education aid, specifically highlighting its failure to adequately fund high-need districts like New York City due to its inherent complexity and susceptibility to political manipulation. It asserts that the Regents Learning Standards, while rigorous, constitute the minimum skills necessary for productive citizenship, and that the State bears a constitutional responsibility to ensure all students have the opportunity to meet these standards. Justice Smith concludes that the current funding formulas are incompatible with the Legislature's duty to provide a sound education to New York City students, advocating for a statewide reform that eliminates the existing formula for New York City, determines the actual costs required for a sound basic education across all districts, and guarantees sufficient funding for every student.

Education FundingSound Basic EducationFiscal EquityState Aid FormulasRegents Learning StandardsHigh School EducationConstitutional MandateEducational PolicySchool Finance ReformNew York City Schools
References
10
Case No. MISSING
Regular Panel Decision

Clarendon National Insurance v. TIG Reinsurance Co.

Petitioner Clarendon National Insurance Company sought to confirm a partial arbitration award correcting a mathematical error and modify a prior judgment, while Respondent TIG Reinsurance Company cross-moved to vacate the award. The court addressed whether arbitrators could correct a mathematical error in a previously issued and partially confirmed award, applying exceptions to the functus officio doctrine. Given the acknowledged mistake by the arbitrators and TIG's awareness of the incorrect figure, the court found extraordinary circumstances. Consequently, Clarendon's motion was granted, the corrected partial award confirmed, and the judgment modified, denying TIG's cross-motion, to ensure substantial justice.

ArbitrationFederal Arbitration ActFunctus Officio DoctrineRule 60(b) FRCPArbitration Award ConfirmationJudgment ModificationMathematical Error CorrectionReinsurance AgreementJudicial ReviewEquitable Relief
References
26
Case No. 03-14-00197-CV
Regular Panel Decision

Graphic Packaging Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

This is a reply brief for Graphic Packaging, Inc. in an appeal concerning the application of Texas's franchise tax. Graphic Packaging argues that it properly used the Multistate Tax Compact's three-factor apportionment formula, contending that Texas Tax Code § 171.106(a) did not impliedly repeal the Compact's election or formula. The appellant asserts that the Compact is a valid and binding interstate agreement, not a mere uniform law, and that its mandatory election provision is unambiguous. Furthermore, Graphic Packaging argues that the Compact Election does not violate the Texas Constitution's anti-surrender tax power provision and that the franchise tax qualifies as an "income tax" under the Compact's broad definition.

Franchise TaxTax ApportionmentMultistate Tax CompactContract ClauseTaxation LawState SovereigntyStatutory InterpretationImplied RepealDue ProcessCommerce Clause
References
67
Case No. MISSING
Regular Panel Decision

Geddes v. Cessna Aircraft Co.

This Memorandum and Order addresses the proposed distribution of a $1,800,000.00 wrongful death settlement for the estate of Warren H. Geddes, who died in a plane crash. The plaintiffs, including the widow Leticia Geddes and three minor children, presented a distribution plan that substantially increased the widow's share compared to the 'In re Kaiser's Estate' formula. U.S. Magistrate Judge Chrein expressed concerns regarding this proposed allocation and the absence of a guardian ad litem to protect the minor children's interests. Acknowledging criticisms of the Kaiser formula, the court found insufficient justification for such a significant deviation in favor of the spouse. Consequently, the court ordered the appointment of a guardian ad litem due to the inherent conflict of interest and directed the plaintiffs to provide detailed documentation of expenditures made for the children's sole benefit.

Wrongful DeathSettlement DistributionGuardian Ad LitemInfant's InterestsPecuniary LossKaiser FormulaConflict of InterestAttorney FeesWorkers Compensation LienEstate Law
References
14
Case No. ADJ1277845
Regular
Sep 09, 2008

MARCELINO CERVANTES vs. ALUMINUM PRECISION PRODUCTS, ARGONAUT INSURANCE COMPANY

The WCAB granted defendant's petition for reconsideration, amending the findings and award to correct a mathematical error in combining the disabilities. The WCAB affirmed the WCJ's decision that the 1997 permanent disability rating schedule applied.

Permanent disability ratingLabor Code section 4660AMA GuidesWCJPetition for ReconsiderationMedical-legal reportTreating physicianApportionmentMultiple disabilities tableLife pension
References
9
Case No. ADJ1177048
Significant
Feb 03, 2009

Wanda Ogilvie, Applicant vs. City and County of San Francisco, Permissibly Self-Insured

The Appeals Board holds that the diminished future earning capacity (DFEC) portion of the 2005 Permanent Disability Rating Schedule is rebuttable and establishes a specific, formula-based method for doing so. The matter was remanded to the WCJ for further proceedings consistent with this new methodology.

Diminished Future Earning CapacityDFEC2005 ScheduleRebuttalRAND StudyLabor Code section 4660Vocational RehabilitationProportional Earnings LossWhole Person ImpairmentRating to Loss Ratio
References
31
Case No. SRO 0122159, SRO 0113249
Significant
Jun 09, 2005

Danny Nabors vs. Piedmont Lumber & Mill Company, State Compensation Insurance Fund

The Appeals Board holds that when awarding permanent disability after apportionment, the amount of indemnity is calculated by determining the overall percentage of permanent disability and then subtracting the percentage of permanent disability previously awarded, affirming the formula from Fuentes v. Worker’s Comp. Appeals Bd.

En bancReconsiderationApportionmentPermanent disabilityLabor Code Section 4663Labor Code Section 4664Senate Bill 899Fuentes v. Worker's Comp. Appeals Bd.Formula AFormula B
References
19
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