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Latest Decisions & Cases

APD 201713

January 15, 2021

The Appeals Panel reversed the decision of the administrative law judge for clerical errors.

Ellis v. Dallas Area Rapid Transit

January 14, 2021

The Second Court of Appeals (Fort Worth) affirmed the judgment of the lower court which found the Plaintiff-Employee's compensable injury did not extend to a rotator cuff tear or right wrist tendonitis. The Employee-Plaintiff challenged the lower court's requirements that the conditions required expert medical evidence of causation. However, the Employee-Plaintiff failed to request Findings of Facts and Conclusions of Law from the lower court. Consequently, the Court determined that the trial court's judgment implies all findings necessary to support it.

Load Trail, LLC v. Julian

January 7, 2021

The Sixth Court of Appeals (Texarkana) affirmed the trial court's judgment confirming the arbitrator's final award in a nonsubscriber case. The Employer-Defendant sought to vacate the arbitrator's award arguing evident partiality of the arbitrator. The Court, quoting Weber v. Merrill Lynch Pierce Fenner & Smith, Inc., 455 F.Supp.2d 545, 550 (N.D. Tex. 2006), noted, “This is an ‘onerous burden,’ because the urging party must demonstrate that the alleged partiality is ‘direct, definite, and capable of demonstration rather than remote, uncertain or speculative.’ ” Id. (quoting Weber, 455 F.Supp.2d at 550)).

Johnson v. San Jacinto College

January 5, 2021

The United States District Court, Southern District of Texas severed and remanded Plaintiff-Employee's retaliation action under the Texas Workers' Compensation Act to the Texas state court.

Lubbock County v. Reyna

January 5, 2021

The Seventh Court of Appeals (Amarillo) affirmed the decision of the lower court because the Employer-Defendant failed to preserve error. The lower court found that the Employee-Plaintiff suffered a traumatic brain which resulted in incurable insanity or imbecility.

Wellons v. Valero Refining - New Orleans, L.L.C.

December 31, 2020

The Fourteenth Court of Appeals (Houston) affirmed the lower court's determination that the claims against Employer-Defendant should be determined under the substantive laws of Louisiana—which permit recovery for wrongful death when a decedent is covered by workers' compensation only when the defendant committed intentional conduct—and not the substantive laws of Texas, which permit recovery of exemplary damages in such cases for gross negligence. The court reasoned, based on the Texas Supreme Court decision in Hughes Wood Prods., Inc. v. Wagner, 18 S.W.3d 202, 205 (Tex. 2000) citing Restatement (Second) of Conflict of Laws §§ 6, 145 (1971), that, "Recovery for tort or wrongful death will not be permitted in any state if the defendant is declared immune from such liability by the workmen's compensation statute of a state under which the defendant is required to provide insurance against the particular risk ..."

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