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APD 221277

September 21, 2022

The Appeals Panel reversed the decision of the Administrative Law Judge because there was no certification in evidence rating the compensable injury in the case.

APD 221291

September 21, 2022

The Appeals' Panel reversed the administrative law judge's decision regarding finality. The Appeals' Panel found that, since the claimant testified that she received the certification directly from the certifying doctor, the claimant did receive the certification by verifiable means.

Total Energies Petrochemicals & Refining USA, Inc. v. Kinder Morgan Petcoke, LP

September 15, 2022

The Fourteenth Court of Appeals (Houston) affirmed, in part, the lower court's summary judgment regarding breach of contract claims between two employers for failure to maintain workers' compensation coverage.

Facility Insurance Corporation v. Patients Medical Center

September 8, 2022

The Third Court of Appeals (Austin) reversed a medical fee order from the State Office of Administrative Hearings because the medical provider failed to explain how a “sum of all packaged costs” fee was derived.

Arriola v. Marc Jones Construction, LLC

September 7, 2022

The U.S. Western District Court of Texas (El Paso) remanded Plaintiff-Employee’s lawsuit back to the state court. The Court reasoned that cases arising under the workers’ compensation law are nonremovable, and a civil action that includes claims made nonremovable by § 1445 should be remanded to state court in its entirety.

Ovalle v. United Rentals North America, Incorporated

September 2, 2022

The United States Fifth Circuit affirmed the trial court’s summary judgment for Non-Subscriber-Employer and against Employee-Plaintiff regarding claims for premises-liability and workplace-safety. For the premises-liability claims, the Court found “the [Texas Workers’ Compensation Act’s] wavier of a nonsubscriber’s defenses ... has no bearing on our analysis of an employer’s duty.”

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#FAQFriday ❓ "Did my parent’s work-related injury have to have happened recently to be eligible to apply for the scholarship?"

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