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

Case No. 2024-50-2711
Regular Panel Decision
Feb 20, 2026

Lusk v. Portopiccolo Group LLC, dba The Portopiccolo Group

This interlocutory appeal concerns an employer's denial of medical treatment for an employee's work-related injuries. Employee Cheryl Lusk, injured by a resident at Portopiccolo Group, LLC, was recommended for cervical spine surgery by her authorized treating physician, Dr. John Burleson. The employer denied the surgery based on a utilization review report, which was upheld by the Bureau's Medical Director. The trial court, however, ordered the employer to provide the surgery, relying on the presumption of medical necessity for treatment recommended by an authorized physician. The Appeals Board affirmed the trial court's decision, concluding that the employer failed to rebut this presumption, and remanded the case for further proceedings.

Workers' CompensationMedical Treatment DenialUtilization ReviewSurgical AuthorizationPresumption of Medical NecessityEmployer AppealCervical Spine InjuryACDF SurgeryAuthorized Treating PhysicianBurden of Proof
References
8
Case No. MISSING
Regular Panel Decision

Dewan v. Blue Man Group Limited Partnership

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. 06 Civ. 0822(RJH)
Regular Panel Decision

Vanamringe v. Royal Group Technologies Ltd.

This Memorandum Opinion and Order addresses two consolidated securities fraud actions against Royal Group Technologies Limited and its officers and directors. The plaintiffs, known as the 'Snow Group', allege a fraudulent scheme involving false and misleading statements to inflate Royal Group's stock price, violating Sections 10(b) and 20(a) of the Exchange Act. The Court consolidated the two actions, Vanamringe v. Royal Group Technologies Limited and Messinger v. Royal Group Technologies Limited, under the caption In re Royal Group Technologies Securities Litigation. The Snow Group's motion for appointment as lead plaintiff was granted, as they demonstrated the largest financial interest and satisfied Rule 23 requirements for typicality and adequacy. The Court also approved the Snow Group's selection of Lerach Coughlin Stoia Geller Rudman & Robbins LLP and Labaton Sucharow & Rudoff LLP as co-lead counsel for the class.

Securities FraudClass ActionLead PlaintiffConsolidationPSLRAFederal Rules of Civil Procedure Rule 23Corporate FraudStock ManipulationInvestor ProtectionExchange Act
References
8
Case No. 01-07-00808-CV
Regular Panel Decision
Nov 20, 2008

the City of Houston v. Southern Electrical Services, Inc., as Assignee of the Morganti Group, Inc. and the Morganti Group, Inc.

The City of Houston appealed the trial court's denial of its plea to the jurisdiction in a breach of contract suit filed by Southern Electrical Services, Inc. (SES) and The Morganti Group, Inc. The appellees claimed the City breached the contract by providing incorrect prevailing wage rates for a construction project. The City argued that SES and Morganti failed to allege facts sufficient to waive governmental immunity under the Texas Local Government Code. The Court of Appeals, First District of Texas, affirmed the trial court's order, concluding that SES alleged sufficient facts to qualify for the statutory waiver of sovereign immunity for breach of contract.

Governmental ImmunityBreach of ContractPlea to the JurisdictionPrevailing Wage RatesTexas Local Government CodeSovereign Immunity WaiverContract LawPublic Works ProjectAppellate ReviewStatutory Interpretation
References
9
Case No. M2023-00028-COA-R3-CV
Regular Panel Decision
Apr 30, 2024

Heritage Construction Group, LLC v. Karen Vest

Heritage Construction Group, LLC, a homebuilder, appealed a chancery court decision that denied its motion to modify or vacate an arbitration award and instead granted attorney's fees to homeowner Karen Vest. The homebuilder argued the arbitrator exceeded his powers by not awarding attorney's fees and contractual penalties. The Court of Appeals of Tennessee affirmed the chancery court's judgment. It found that the arbitrator acted within his powers, plausibly concluding no single party prevailed, thus justifying the denial of attorney's fees. Furthermore, the court upheld the arbitrator's finding that the homebuilder had waived the contractual penalty for occupancy, despite the contract's written waiver clause. The Court of Appeals also affirmed the award of attorney's fees to Ms. Vest for successfully defending against Heritage's motion.

ArbitrationContract DisputeAttorney FeesWaiverPrevailing PartyHome ConstructionChancery CourtCourt of AppealsTennessee LawFederal Arbitration Act
References
13
Case No. MISSING
Regular Panel Decision

Curry v. American International Group, Inc. Plan No. 502

Curry, a former Regional Insurance Underwriting Manager for AIG, sued American International Group, Inc. Plan No. 502 and American International Life Assurance Co. of New York ("AI Life") under ERISA § 502(a) after her long-term disability benefits were terminated. Curry suffers from degenerative osteoarthritis and diabetes. AI Life initially approved her benefits but later terminated them, alleging she could perform a sedentary occupation, relying on unverified medical responses. The court found AI Life's decision to be arbitrary and capricious due to its reliance on unreliable medical opinions, failure to clarify the record, and disregard for Curry's doctors' reports. Consequently, the court granted Curry's motion for summary judgment, denying the defendants' motion, and ordered the reinstatement of her benefits with prejudgment interest and attorney's fees.

ERISALong-term disabilityBenefits terminationArbitrary and capricious standardConflict of interestMedical opinionUnreliable evidenceSummary judgmentOrthopaedic conditionsDiabetes
References
10
Case No. 14-15-01031-CV
Regular Panel Decision
Jul 20, 2017

Heather Tenini Kuentz, Individually, as Personal Representative of the Estate of Robert Michael Kuentz, and as Next Friend of XXXXX XXXXXXX XXXXXX, a Minor, Larry Michael Robert Kuentz and Sandra Kuentz v. Cole Systems Group, Inc. D/B/A the Cole Group

Robert Kuentz, a sales manager, was fatally shot by a salesman, Keith Grimmett, who had been rehired by Mac Haik Chevrolet. Kuentz's family sued Cole Systems Group, an employment screening company, alleging negligence in performing Grimmett's pre-employment background check. The trial court granted summary judgment for Cole, which the appellate court affirmed. The appellate court ruled that Cole's duty was limited to the specific services agreed upon with Mac Haik and did not include a broader investigative or disclosure duty for information outside their contractual scope, such as civil or family court records. The court found no evidence that Cole failed to perform the contracted services or that Mac Haik relied on Cole for additional, uncontracted services.

NegligenceEmployment ScreeningBackground CheckDuty of CareSummary JudgmentTort LawThird-Party LiabilityForeseeabilityWrongful DeathAppellate Review
References
19
Case No. ADJ10565692
Regular
Nov 08, 2018

BRIAN CLARK vs. LOS RIOS COMMUNITY COLLEGE DISTRICT, YORK RISK SERVICES GROUP

This case involves a sports athletic trainer, Brian Clark, who sustained head and psyche injuries at work. Both the applicant and the defendant sought reconsideration of the initial award. The applicant argued his occupational group was misclassified, while the defendant contended the judge wrongly rejected the medical evaluator's apportionment of permanent disability. The Workers' Compensation Appeals Board denied both petitions, upholding the original findings. The Board found the applicant failed to prove factual error in his occupational group classification and adopted the WCJ's reasoning regarding the apportionment.

WORKERS' COMPENSATION APPEALS BOARDLOS RIOS COMMUNITY COLLEGE DISTRICTYORK RISK SERVICES GROUPFindings and Awardsports athletic traineroccupational group 390occupational group 311permanent disability apportionmentPanel Qualified Medical Evaluator (PQME)substantial evidence
References
1
Case No. 03-00-00559-CV
Regular Panel Decision
Aug 30, 2002

Rainbow Group, Ltd. and Alan Sager/Josephine Johnson Joanne Barker Elizabeth Gonzalez Ramiro Estrada Cheryl Hiltner Emily Hebert Ava Lott Jennifer Washington Amy Spilecke Seantel Cockle Tammy Peterson Lisa Small And Julie Vargas v. Josephine Johnson Jennifer Washington And Seantel Cockle/Rainbow Group, Ltd. and Alan Sager

The Texas Court of Appeals heard an appeal by Supercuts (Rainbow Group, Ltd. and Alan Sager) against a district court judgment favoring hairstylists on a quantum meruit claim for unpaid wages. Supercuts challenged the quantum meruit finding, damages, statute of limitations, and attorney's fees. The hairstylists cross-appealed, seeking additional post-judgment interest and arguing breach of contract. The appellate court affirmed the quantum meruit judgment and damages, reformed the judgment to include post-judgment interest from May 22, 2000, but reversed and remanded the attorney's fees award for reconsideration due to the trial court's failure to segregate fees for interrelated claims. The hairstylists' breach of contract claim was not sustained.

Quantum MeruitUnpaid WagesFair Labor Standards ActStatute of LimitationsDamages CalculationAttorney's Fees SegregationPost-Judgment InterestBreach of ContractClass Action CertificationEquitable Recovery
References
40
Case No. MISSING
Regular Panel Decision

Rainbow Group, Ltd. v. Johnson

The case involves an interlocutory appeal filed by Rainbow Group, Ltd. and Alan Sager against the certification of a class of current and former hairstylists, represented by Josephine Johnson. The hairstylists alleged that Rainbow Group breached oral employment contracts by preventing them from clocking in during scheduled work hours and failing to pay for mandatory meetings. Rainbow Group challenged the trial court's findings on the prerequisites for class certification, including numerosity, commonality, typicality, adequacy of representation, predominance, and superiority. The appellate court, reviewing for abuse of discretion, affirmed the trial court's order, concluding that all criteria for class certification under Texas Rule of Civil Procedure 42(a) and 42(b)(4) were met.

Class ActionEmployment LawOral ContractsFair Labor Standards ActWage DisputeTexas Rules of Civil Procedure 42Interlocutory AppealAppellate ReviewAbuse of DiscretionNumerosity
References
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