Court Cases - Texas Worker

Court Cases

January 14, 2021

Ellis v. Dallas Area Rapid Transit

2nd COA – Fort Worth

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.

January 7, 2021

Load Trail, LLC v. Julian

6th COA – Texarkana

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)).

January 5, 2021

Johnson v. San Jacinto College

Southern Dist. Ct. - Texas

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.

January 5, 2021

Lubbock County v. Reyna

7th COA – Amarillo

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.

December 31, 2020

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

14th COA – Houston

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 ..."

December 30, 2020

In re Rudolph Automotive, LLC

8th COA – El Paso

The Eighth Court of Appeals (El Paso) denied a writ of mandamus regarding the lower court's granting of a new trial. Defendant-Employer was a non-subscriber to workers' compensation. The jury found Plaintiff-Employee was in the course and scope of employment, thus limiting the defenses of Defendant-Employer. However, the jury also assigned 10% comparative fault to Defendant-Employer, along with other inconsistent findings on damages. The lower court granted a new trail because of the inconsistent jury answers.

December 29, 2020

Salas v. Fluor Daniel Services Corporation

14th COA – Houston

The Fourteenth Court of Appeals (Houston) reversed the lower court's summary judgment in favor of Defendant-Employer regarding a retaliation discharge claim under Texas Labor Code 451.001. The Court concluded that, while section 451.001(1) requires the employee to file a workers' compensation claim, an employee need not file a workers’ compensation claim to engage in protected conduct under section 451.001(3); an employee institutes or causes to be instituted a relevant proceeding under section 451.001(3) when he informs his employer of his on-the-job injury.

December 29, 2020

Ortiz v. Builders First Source - South Texas, LP

14th COA – Houston

The Fourteenth Court of Appeals (Houston) affirmed the order of the lower court, which denied Plaintiff-Employee's Motion to Modify Arbitration Award from a non-subscriber arbitration. The Plaintiff-Employee sought to modify the arbitrator's award because there was “an evident miscalculation of numbers.” The Court of Appeals found that the arbitration award accurately reflected the arbitrator’s intent, without material miscalculation of figures.

December 22, 2020

Hand & Wrist Center of Houston, P.A. v Lowery Masonry, LLC

14th COA – Houston

The Fourteenth Court of Appeals (Houston) reversed the lower court's summary judgment. Plaintiff (Medical Provider) and Defendant (Employer) entered into a contract whereby Employer would guarantee payment of medical services provided to an injured employee. One of the conditions of the guarantee concerned whether "the Company [Employer] has workers’ compensation insurance with Texas Mutual Insurance Company." Although Employer provided proof of workers' compensation insurance, the Court of Appeals determined that Employer did not conclusively establish an unambiguous certain or definite legal meaning in its favor.

December 17, 2020

PHI Air Medical, LLC v. Texas Mutual Insurance Company

3rd COA – Austin

The Third Court of Appeals (Austin) granted a motion to abate while appeal is pending review by the U.S. Supreme Court.

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