Court Cases - Texas Worker

Mejia Ruiz v. Home Depot U.S.A., Inc. - 3:22-CV-2266-D - Sep 21, 2023

September 21, 2023

The United States District Court for the Northern District of Texas granted, in part, Plaintiff-Employee's Motion to Compel Discovery Responses.

Rush Truck Centers of Texas L.P. v. Mendoza - 08-22-00226-CV - Sep 01, 2023

September 1, 2023

The Eighth Court of Appeals (El Paso) reversed the lower court's denial of a motion to stay proceedings and compel arbitration. The Court, however, noted that because the right to workers' compensation benefits, including death benefits, arises within the Texas Workers' Compensation Act itself, the statutory right to pursue such administrative benefits cannot be altered by contract. As such, Plaintiff-Beneficiary's workers' compensation claim was not subject to the Arbitration Agreement, but rather, was properly within the statutory framework of the Texas Workers' Compensation Act.

Woodard v. Texas Department of Insurance, Division of Workers' Compensation - 01-22-00761-CV

August 29, 2023

The First Court of Appeals (Houston) upheld the trial court's dismissal of Plaintiff-Employee's claims against the Defendant-Carrier and the Division of Workers' Compensation.

American Zurich Insurance Company v. Miller - 01-22-00666-CV - Aug 29, 2023

August 29, 2023

The First Court of Appeals (Houston) upheld the trial court's holding that the Plaintiff-Employee was acting in the course and scope of employment when he sustained his injuries and that Plaintiff-Employee had a disability from the date of his injury through the date of the contested hearing.

Gonzalez v. Lopez - 13-22-00216-CV - Aug 03, 2023

The Thirteenth Court of Appeals affirmed the trial court's order of dismissal when Plaintiff-Employee filed suit against Defendant-Employer instead of the Defendant-Carrier.

Henry v. Notzon - 05-20-00994-CV - Jul 25, 2023

The Fifth Court of Appeals (Dallas) granted Plaintiff-Employee's motion for rehearing and withdrew the Court's prior opinion. The Court concluded that the trial court erred in granting summary judgment based on collateral estoppel because Defendant-Attorney failed to conclusively establish that the facts Plaintiff-Employee sought to establish were actually litigated and essential to the federal court’s summary judgment ruling in Plaintiff-Employee’s federal lawsuit against Employer.

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