Court Cases - Texas Worker

Court Cases

September 30, 2021

Knox Waste Service, LLC v. Martinez

11th COA – Eastland

The Eleventh Court of Appeals (Eastland) ruled that, based on the employment contract, Employee-Plaintiff must arbitrate claims against Employer-Defendant. The Court further ruled that the employment contract did not cover actions between co-workers, so Employee-Plaintiff could proceed in court against Co-Employee-Defendant.

September 28, 2021

Sentry Select Insurance Company v. Ruiz

Western Dist. Ct. - Texas

The United States Western District Court of Texas (El Paso) denied Carrier-Plaintiff's motion to reopen the case. The Court reasoned that the Carrier-Plaintiff failed to previously seek leave to file supplemental briefs and waited three years to bring its argument.

September 27, 2021

Herring v. Trueblue People Ready, Inc.

Western Dist. Ct. - Texas

The United States Southern District Court of Texas (Houston) denied Employee-Plaintiff's motion to remand. The Court concluded that negligence and gross negligence claims are established by the common law, not the Texas Workers' Compensation Act.

September 16, 2021

Harris County v. Dogan

1st COA – Houston

The First Court of Appeals (Houston) dismissed the appeal for want of jurisdiction. The Court found that Plaintiff-Employee's failure to timely file with the Division the proposed judgment that was actually signed by the court rendered the trial court's judgment void.

August 31, 2021

Williams v. City of Richardson

5th COA – Dallas

The Fifth Court of Appeals (Dallas) affirmed the lower court's judgment that Plaintiff-Employee did not sustain a compensable injury. The Court concluded that (1) there was more than a scintilla of evidence supporting the trial court’s implied findings, and (2) the trial court’s implied findings were not so against the great weight and preponderance of the evidence as to be clearly wrong or unjust.

August 31, 2021

Phillips v. Texas Department of Insurance - Division of Workers' Compensation

5th COA – Dallas

The Fifth Court of Appeals (Dallas) dismissed Plaintiff-Employee's appeal finding that neither an order denying a motion to appoint counsel nor a motion for discovery is an appealable interlocutory order that confers jurisdiction on the Court.

August 26, 2021

Wheeler v. Free

11th COA – Eastland

The Eleventh Court of Appeals (Eastland) affirmed the lower court's summary judgment dismissing Plaintiff-Employee's suit against Defendant-Employer. The Court found that the Defendant-Employer's act of merely paying a travel reimbursement to Plaintiff-Employee did not place the Plaintiff-Employee within the course and scope of employment. Further, the Court found the Defendant-Employer owed no duty for Plaintiff-Employee's off-duty acts.

August 23, 2021

Leonard v. Mesilla Valley Transportation

Southern Dist. Ct. - Texas

The United States District Court for the Southern District of Texas denied Defendant-Employer's motion for summary judgement because there was an issue of material fact regarding whether the Plaintiff-Employee was a borrowed servant.

August 20, 2021

East Texas Educational Insurance Association v. Ramirez

8th COA – El Paso

The Eighth Court of Appeals (El Paso) affirmed the jury's findings that the Plaintiff-Employee was entitled to lifetime income benefits as a result of 1) an injury to the spine and/or the right lower extremity, and 2) an injury to both feet at or above the ankles that was a producing cause of the total loss of use of both feet at or above the ankles. The Employee-Plaintiff originally suffered a left hip fracture and dislocation. The Court reasoned that neurological changes and nerve damage, as well as severe pain and weakness, were brought on following the injury in question.

In re Porter

6th COA – Texarkana

The Sixth Court of Appeals (Texarkana) denied Defendant-Employer's petition for a writ of mandamus requesting the Court to compel the trial court to vacate its order denying their plea to the jurisdiction and plea in abatement. The Defendant-Employer argued that the claim was barred because the Plaintiff-Employee failed to exhaust administrative remedies according to the Texas Workers' Compensation Act. The Plaintiff-Employee argued that she was not in the course and scope at the time of the injury because she had clocked out of work. The Court found that the Defendant-Employer failed to provide a record sufficient to establish its right to mandamus relief because the record did not contain undisputed evidence that Plaintiff-Employee was required to exhaust administrative remedies.

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