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Case Law Database

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

Case No. 22-0585
Regular Panel Decision
May 17, 2024

Texas Department of Transportation v. Mark Self and Birgit Self

The Texas Department of Transportation (TxDOT) was sued by Mark and Birgit Self for negligence and inverse condemnation after a subcontractor cut down trees on the Selfs' property outside the State's right-of-way easement. The Supreme Court of Texas reversed the court of appeals' judgment on both counts. The Court held that the Tort Claims Act does not waive immunity for the Selfs' negligence claim because the subcontractor's employees were not in TxDOT's paid service, nor did TxDOT employees directly operate the equipment. However, the Court found a viable cause of action for inverse condemnation, concluding that TxDOT intentionally directed the destruction of the trees for public use, even if it mistakenly believed it had the legal right to do so. The negligence claim was dismissed, and the inverse condemnation claim was remanded for further proceedings.

Sovereign ImmunityInverse CondemnationNegligence ClaimTort Claims ActGovernment LiabilityProperty DamageRight-of-Way EasementSubcontractor LiabilityTree RemovalEminent Domain
References
65
Case No. 04-CR-156
Regular Panel Decision

United States v. Taveras

Defendant Humberto Pepin Taveras faces a homicide trial where the government seeks the death penalty for the killings of two associates during a drug trafficking dispute. Senior District Judge Jack B. Weinstein addresses the admissibility of a self-defense claim, emphasizing heightened protections for defendants in capital cases and allowing more leeway for evidence favoring the defendant. The defense intends to establish self-defense through witness statements suggesting the victims, José Rosario and Carlos Madrid, had threatened Pepin and his family. The prosecution disputes this, arguing Pepin deliberately sought out and murdered the victims, thereby precluding a self-defense claim as he initiated the confrontations. The court ultimately rules that Pepin will be permitted to argue self-defense, and related evidence will be allowed, with a self-defense instruction to the jury contingent on sufficient proof being presented.

Self-defenseCapital punishmentHomicide trialEvidentiary rulesDrug traffickingDeath penaltyJury instructionsCriminal lawDue processReasonable doubt
References
45
Case No. 12-20-00082-CV
Regular Panel Decision
Jan 06, 2021

Sean Self v. West Cedar Creek Municipal Utility District

Sean Self appealed a take-nothing judgment granted to West Cedar Creek Municipal Utility District, dismissing Self’s suit for damages from sewage flooding his home. Self alleged negligent use of motor-driven equipment, premises defect, unconstitutional taking, non-negligent nuisance, and breach of contract. The appellate court affirmed the trial court's decision, finding that Self failed to establish a waiver of governmental immunity under the Texas Tort Claims Act for the motor-driven equipment claim, as the damages arose from a broken plastic coupler, not the motor-driven pump. The court also found no evidence to support the premises liability, takings, non-negligent nuisance, or breach of contract claims, thus the District retained immunity.

Governmental ImmunityTexas Tort Claims ActPlea to JurisdictionMotor-Driven EquipmentPremises DefectInverse CondemnationBreach of ContractNon-negligent NuisanceSewage FloodMunicipal Utility District
References
36
Case No. 05-22-00898-CV
Regular Panel Decision
Dec 12, 2023

City of Euless, Self-Insured v. Marta Danylyk, Helmut Hofer, Sofija Hofer and the Texas Subsequent Injury Fund

This case involves a dispute over an informal marriage and the proper recipient of worker's compensation death benefits. David Hofer, a police officer for the City of Euless, was killed in the line of duty. The Texas Department of Insurance, Division of Workers’ Compensation (DWC) determined Marta Danylyk was Hofer's surviving spouse and entitled to death benefits. Appellant City of Euless, Hofer's self-insured employer, unsuccessfully challenged this determination in the district court. Euless appealed the trial court’s judgment, asserting legal and factual insufficiency of the evidence to support the jury’s finding of an informal marriage and challenging refused jury instructions. The Court of Appeals affirmed the trial court's judgment, concluding the evidence was sufficient to establish Danylyk and Hofer agreed to be married and represented themselves to others as married.

Informal MarriageCommon-law MarriageWorker's Compensation Death BenefitsSpousal EligibilitySufficiency of EvidenceAppellate ReviewTexas Family LawTexas Labor LawPolice Officer DeathSelf-Insured Employer
References
28
Case No. 03-22-00241-CV
Regular Panel Decision
Oct 31, 2023

Texas Political Subdivisions Joint Self-Insurance Fund v. Texas Department of Insurance - Division of Workers' Compensation and Commissioner Cassie Brown in Her Official Capacity

The Texas Political Subdivisions Joint Self-Insurance Fund (TPS Fund) appealed the denial of its plea to the jurisdiction and summary-judgment motion by the 455th District Court of Travis County. The TPS Fund, a self-insured governmental entity, was assessed administrative penalties totaling $132,500 by the Texas Department of Insurance–Division of Workers’ Compensation for violations of the Texas Labor Code related to nonpayment or late payment of workers’ compensation benefits. The TPS Fund asserted governmental immunity from these penalties. The Court of Appeals reviewed the legislative history and prior common law, including Texas Workers’ Comp. Comm’n v. City of Eagle Pass, to determine if immunity was waived. It concluded that the 2019 amendment to Labor Code Section 504.053(e) merely codified existing law, which had already established a clear waiver of immunity for such regulatory actions against self-insured political subdivisions. Therefore, the appellate court affirmed the trial court’s order, holding that the TPS Fund’s governmental immunity is waived for the administrative penalties.

Workers' CompensationGovernmental ImmunityAdministrative PenaltiesTexas Labor CodeSelf-InsurancePolitical SubdivisionsStatutory InterpretationAppellate ReviewRegulatory AuthoritySovereign Immunity
References
13
Case No. MISSING
Regular Panel Decision

City of San Antonio Ex Rel. City Public Service Board v. Miranda

This is an appeal from a judgment in a worker's compensation case. The appellant, a self-insured city, sought to overturn an Industrial Accident Board award, while the appellee counter-claimed for benefits after sustaining a right shoulder injury on January 25, 1978. The jury found the appellee totally and permanently incapacitated and awarded $35,757.08. The appellant challenged the sufficiency of evidence for total incapacity and the finding of good cause for the appellee's late filing of the compensation claim. The appellate court affirmed the trial court's judgment, concluding that there was sufficient evidence to support the jury's findings regarding both total incapacity and the good cause for the delayed claim filing, noting the appellee's reliance on initial medical diagnoses that the injury was trivial.

Worker's CompensationTotal IncapacityPermanent DisabilityShoulder InjuryRotator Cuff TearJackhammer AccidentLate Claim FilingGood CauseMedical MisdiagnosisJury Verdict
References
16
Case No. 03-05-00742-CV
Regular Panel Decision
Jan 04, 2007

Wendy K. Barrigan v. MHMR Services for the Concho Valley, Self Insured

This appeal arises from a workers' compensation case concerning the impairment rating for appellant Wendy Barrigan, who sustained a back injury. Following conflicting impairment ratings from two designated doctors, Dr. Mark Sanders (20%) and Dr. Paul Foxcroft (10%), a jury determined Barrigan's rating to be 10%. Barrigan challenged the trial court's judgment on six issues, including burden of proof, sufficiency of evidence, admissibility of expert testimony, and denial of a plea to the jurisdiction. The Court of Appeals affirmed the trial court's judgment, finding Barrigan's issues to be without merit and the evidence legally and factually sufficient to support the jury's verdict.

Workers' CompensationImpairment RatingSpinal FusionExpert TestimonyBurden of ProofJudicial ReviewMedical EvaluationMMIDesignated DoctorRange-of-Motion Testing
References
17
Case No. 2018 NY Slip Op 08737
Regular Panel Decision
Dec 20, 2018

NYAHSA Servs., Inc., Self-Insurance Trust v. Recco Home Care Servs., Inc.

This case concerns an appeal from an order of the Supreme Court in Albany County. Plaintiff NYAHSA Services, Inc., Self-Insurance Trust, a self-insured trust providing workers' compensation coverage, sued defendant Recco Home Care Services, Inc. for unpaid adjustments after the defendant terminated its membership. Following an amendment to the complaint adding individual trustees as plaintiffs, the defendant asserted counterclaims for fraud, breach of fiduciary duty, and negligence against these trustees, which the Supreme Court dismissed as time-barred. The defendant also sought to amend its answer to include a counterclaim under General Business Law, which was denied. The Appellate Division, Third Department, found that the Supreme Court erred in dismissing the counterclaims for fraud and breach of fiduciary duty and in denying the cross-motion to amend for the General Business Law claim. Consequently, the Appellate Division modified the Supreme Court's order, reversing parts of the dismissal and denial, and affirmed the order as modified.

Workers' Compensation CoverageSelf-Insurance TrustFraud AllegationsBreach of Fiduciary DutyGeneral Business LawStatute of LimitationsAmended PleadingsCounterclaimsAppellate ReviewMotion to Dismiss
References
2
Case No. 2017 NY Slip Op 08595 [156 AD3d 1043]
Regular Panel Decision
Dec 07, 2017

New York State Workers' Compensation Board v. Any-Time Home Care Inc.

The New York State Workers' Compensation Board, acting as administrator for a dissolved self-insured trust, initiated an action to recover a $133 million cumulative deficit from former trust members. Various defendants sought to dismiss the complaint, asserting claims were time-barred by a three-year statute of limitations for statutory liabilities, failed to adequately state claims against individual partners, and were barred by the doctrine of laches. The Supreme Court denied these motions. On appeal, the Appellate Division, Third Department, affirmed the Supreme Court's order, ruling that the claims were contractual, subject to a six-year limitation period, and that laches did not apply against the state enforcing a public right. The court also found the complaint sufficiently specific regarding the liability of individual defendants.

Workers' Compensation LawSelf-Insurance TrustJoint and Several LiabilityStatute of LimitationsContractual LiabilityLaches DoctrineAppellate ReviewGroup Self-InsurerDeficit RecoveryPartnership Liability
References
16
Case No. 08-15-00079-CV
Regular Panel Decision
Dec 21, 2016

County of El Paso, Self-Insured v. Mary Orozco

Ruben Orozco, an El Paso County deputy sheriff, tragically died in a car accident while returning home from an extra-duty security assignment. His wife, Mary Orozco, sought death benefits from the self-insured County, which denied the claim, arguing Ruben was not in the course and scope of his employment. Initially, a hearing officer found the injury compensable, but the Appeals Panel reversed this, concluding Ruben was merely commuting. The trial court sided with Mary, granting her motion for summary judgment. However, the Court of Appeals reversed, holding that Ruben was not actively engaged in law enforcement duties at the moment of the accident, thus not acting within the course and scope of his employment.

Workers' CompensationScope of EmploymentAutomobile AccidentDeputy SheriffExtra-Duty AssignmentCommuting RuleDual-Purpose TravelSummary JudgmentDeath BenefitsTexas Law
References
22
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