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

Case No. 15-25-00027-CV
Regular Panel Decision
Apr 07, 2025

Nicholas Kreines, David P. Ryan, Liberty Mineral Partners LLC, Nak Resources INC., and CGR Oil and Gas, LLC v. ES3 Minerals, LLC

ES3 Minerals, LLC, a mineral-interest broker, sued former employees Nicholas Kreines and David P. Ryan, and their companies Liberty Mineral Partners LLC and NAK Resources Inc. ES3 alleges theft of trade secrets, breach of fiduciary duty, and breach of non-competition agreements by Kreines and Ryan, who started LMP after leaving ES3. The district court initially issued a temporary injunction in November 2024, which was subsequently modified by the Texas Business Court in April 2025. The Appellants argue the injunction is deficient in specificity, reasoning, and bond amount, and that the evidence does not support its issuance, as LMP did not compete with ES3 and no imminent harm was proven.

Temporary InjunctionNon-Compete AgreementTrade Secrets MisappropriationBreach of Fiduciary DutyContract DisputeAppellate ReviewBusiness CourtMineral InterestsOil and Gas IndustryCovenant Not to Compete
References
36
Case No. 08-23-00058-CV
Regular Panel Decision
Dec 15, 2023

Powder River Mineral Partners, LLC, Sue May, Fred Herring, Ltd., Lafayette Brown Herring, III and Herbert Minerals Ltd. v. Cimarex Energy Co., Chapman, and KHH

This appeal concerns the interpretation of a 1947 deed, specifically addressing a 'double-fraction dilemma' in mineral conveyances. Appellants, successors to the 'May side' of the deed, sued Appellee Cimarex Energy Co. for alleged underpayment of royalties, asserting they are entitled to a floating 3/16th royalty interest. Appellees, the 'Chapman Successors,' contended the deed conveyed a fixed 3/128th royalty interest. The trial court granted summary judgment in favor of the Chapman Successors, determining a fixed 3/128th interest. The appellate court reversed, concluding that the deed conveyed a floating 3/16th royalty interest, consistent with the historical interpretation of such fractions as placeholders for future royalties rather than fixed arithmetic values.

Mineral Deed InterpretationRoyalty InterestDouble Fraction DilemmaFloating Royalty InterestFixed Royalty InterestOil and Gas LawTexas Supreme Court PrecedentContract ConstructionSummary Judgment AppealProperty Rights
References
15
Case No. 13-23-00492-CV
Regular Panel Decision
Oct 09, 2025

Robert S. Alcott III v. 1893 Oil and Gas, Ltd. and ELP2 Minerals, Ltd.

Appellants Robert S. Alcott III, Patricia Brashear, and Katie Lynn Stevenson appealed a summary judgment granted in favor of appellees 1893 Oil and Gas, Ltd. and ELP2 Minerals, Ltd. The dispute centers on mineral interests in Live Oak County, Texas, stemming from a 1922 "Alcott Deed" which appellants claim conveyed an undivided interest in oil, gas, or minerals. Appellees argued the claims were barred by the statute of limitations and the statute of frauds, asserting the Alcott Deed lacked an adequate legal description. The appellate court affirmed the trial court's decision, concluding that the Alcott Deed violated the statute of frauds due to an insufficient legal description of the purported mineral interest.

oil and gasmineral rightssummary judgmentstatute of fraudsproperty lawdeed interpretationappellate reviewreal estateTexas lawundivided interest
References
15
Case No. MISSING
Regular Panel Decision

Collins v. Liberty Mutual Insurance Co.

This case concerns an action for workmen's compensation death benefits initiated by the widow of Douglas S. Collins against Foote Mineral Company, the insured employer. Mr. Collins died following an automobile accident, with his death certificate indicating an 'apparent heart attack' as the cause. The plaintiff argued for an inference that the death arose out of and in the course of employment, referencing Milstead v. Kaylor. However, the court emphasized that merely being found dead at work in Tennessee does not automatically establish a prima facie case; additional evidence, such as exertion or an accident aggravating a pre-existing condition, is required. Given the plaintiff's insufficient proof to connect Mr. Collins' death directly to his employment, the trial court's dismissal of the action was affirmed.

Workmen's CompensationDeath BenefitsCourse of EmploymentArising Out of EmploymentBurden of ProofInference of Death CauseApparent Heart AttackAutomobile AccidentInsufficient EvidenceAffirmed Decision
References
10
Case No. MISSING
Regular Panel Decision
Dec 03, 2003

Beesmer v. Village of DeRuyter Fire Department

In 1975, the decedent, a volunteer firefighter, suffered a heart attack and continuously received workers' compensation benefits until his death in 2002. His claimant applied for death benefits, alleging a causal link between the 1975 injury and his death. A Workers’ Compensation Law Judge (WCLJ) awarded benefits after denying the employer's request for a second adjournment to depose treating physicians, a decision affirmed by the Workers' Compensation Board. The court found substantial evidence supporting the causal relationship between the heart attack and death, noting that a work-related injury need not be the sole cause of death. Additionally, the court upheld the WCLJ's denial of the adjournment, as the employer failed to provide a sufficient excuse for not scheduling depositions or serving subpoenas during the initial adjournment period.

Workers' Compensation Death BenefitsCausal RelationshipHeart AttackCongestive Heart FailureAdjournment DenialTreating Physician DepositionSubstantial EvidenceAppellate ReviewMedical OpinionVolunteer Firefighter
References
5
Case No. 10-14-00157-CV
Regular Panel Decision
Jun 04, 2015

Thomas H. Sinclair v. Estate of Fernando Ramirez and Eva Ramirez, Individually, and Personal Representative of the Estate of Fernando Ramirez, and on Behalf of All Wrongful Death Beneficiaries

This case involves an appeal from a jury verdict in a wrongful death and survivorship action. Appellant Thomas H. Sinclair challenges the verdict in favor of the Estate of Fernando Ramirez and Eva Ramirez. Fernando Ramirez died after an altercation at Sinclair's cabaret, following heavy drinking. The jury found Sinclair partly responsible, but the appellate court reversed the judgment, concluding that the appellees failed to present legally sufficient causation evidence directly connecting Sinclair’s purported negligence with the decedent’s death due to the lack of expert medical testimony ruling out other plausible causes.

NegligenceProximate CauseWrongful DeathSurvivorship ActionExpert TestimonyMedical CausationBlunt Force Head InjuriesAlcohol IntoxicationAppellate ReviewLegal Sufficiency
References
37
Case No. 08-02-00195-CV
Regular Panel Decision
Oct 02, 2003

Williams, Rhonda Gayle, Ind. and in Behalf of Roger Cecil Williams as Next Friend v. Orion Pacific, Inc., Madison Minerals, Inc., Orrex Plastics Company, L.L.C., Nicholas Fowler, and Other John Does

This lawsuit stems from a severe on-the-job injury sustained by Roger Williams. Rhonda Williams, individually and as next friend, initiated legal action against Orion Pacific, Inc., Madison Minerals, Inc., and Orrex Plastics Company, L.L.C. The trial court granted summary judgment in favor of all three defendants. The appellate court reviewed whether the trial court correctly denied apex depositions for the president and secretary/treasurer of Madison Minerals, Inc., and whether summary judgment was appropriate prior to the completion of discovery. The court ultimately affirmed the trial court's judgment.

Apex DepositionSummary JudgmentDiscovery DisputeWorkers' CompensationExclusive RemedyCorporate LiabilityNegligence ClaimOn-the-Job InjuryProtective OrderAbuse of Discretion
References
10
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

Claim of Bishop v. St. Joe Minerals

The claimant, who worked in lead mines for St. Joe Minerals, filed a workers’ compensation claim in 1943 for silicosis, initially found to be a partial disability. After returning to work, his treating physician reported total disablement in 1978, prompting the claimant to reopen his silicosis claim. The Workers’ Compensation Board determined the claim was timely, refused to shift liability to the Special Fund, and found the claimant became permanently disabled from silicosis on September 13, 1976. The employer appealed, contending the claim was barred by Workers’ Compensation Law § 123 and that liability should have been shifted to the Special Fund under Workers’ Compensation Law § 25-a. The appellate court affirmed the Board's decisions, ruling that the Board's determination of the disablement date was a factual question supported by substantial evidence and that the seven-year limitation period commenced from this date, making the reopening timely and precluding the shifting of liability.

SilicosisOccupational DiseaseTotal DisabilityPartial DisabilityReopened CasesStatute of LimitationsDate of DisablementSpecial FundAppellate ReviewMedical Report
References
6
Case No. MISSING
Regular Panel Decision

Claim of Dellauniversita v. Tek Precision Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding a claim for death benefits. Claimant’s husband suffered a work-related injury in 1987 and later died. The claimant, as his widow, filed for death benefits. However, the claimant herself died before the causal relationship between her husband’s death and the 1987 incident could be established. The Workers’ Compensation Board ruled that her claim for death benefits abated upon her death. The appellate court affirmed this decision, citing precedents that claims for death benefits abate if a determination on the merits, such as causal relationship, has not been established prior to the claimant’s death.

Workers' CompensationDeath BenefitsClaim AbatementCausal RelationshipAppellate ReviewProcedural IssuesPrecedentLegal Interpretation
References
3
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