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Latest Decisions & Cases

Texas Department of Motor Vehicles v. Bustillos

January 25, 2021

The Eighth Court of Appeals (El Paso) reversed the trial court's order denying the Employer-Defendant’s plea to the jurisdiction and rendered judgment dismissing Employee-Plaintiff’s retaliation claim under chapter 451 of the Texas Labor Code. The Court noted that to establish a causal link between her firing and her filing of a workers' compensation claim, a plaintiff must demonstrate that “the employer's action would not have occurred when it did ....” The Court held that the Employer-Defendant presented evidence of a legitimate, non-discriminatory reason for termination. The Court added that an employee's subjective belief alone is not enough to support the causal connection required for workers’ compensation retaliation cause of action.

Parks v. Nordex USA, Inc.

January 21, 2021

The United States District Court - Southern District Texas, granted summary judgment to dismiss Plaintiff-Employee's negligence claims against Defendant-Employer. The Court affirmed that, under Texas Labor Code § 408.001(a), the “[r]ecovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage...against the employer...for the death of or a work-related injury sustained by the employee."

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.

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