Court Cases - Texas Worker

January 26, 2023

The University of Texas Rio Grande Valley v. Oteka

The 13th Court of Appeals (Corpus Christi) affirmed the lower court’s denial of the Employer-Defendant’s plea to the jurisdiction because the Employee-Plaintiff’s personal injury lawsuit was not subject to the exclusive jurisdiction of the Division of Workers’ Compensation. The Court found that the Division’s exclusive jurisdiction does not extend to all cases that touch on workers’ compensation issues, and the Employee-Plaintiff’s personal injury claim was not based on their entitlement to benefits.

December 30, 2022

The Supreme Court of Texas reversed the judgment of the court of appeals and reinstated the trial court’s summary judgment for the Defendant in an action by third parties. The Court held that the court of appeals incorrectly relied upon the “special mission” exception in declining to apply the general rule that an employer is not vicariously liable for negligence arising from employee travel to and from work. The Court noted that Texas law has long recognized the distinction between workers’ compensation claims under their statutory framework and the imposition of vicarious liability under the common law.

December 29, 2022

The Fifth Court of Appeals (Dallas) reversed the trail courts judgment in favor of the Plaintiff-Employee. The Court concluded that the testimony of the Plaintiff-Employee's expert was unreliable and was therefore, no evidence.

December 28, 2022

The Third Court of Appeals (Austin) affirmed the district court’s judgment that the Plaintiff-Medical-Providers were not entitled to additional reimbursement in a dispute over the proper reimbursement of workers’ compensation medical benefits. The Court affirmed its decision in prior cases and concluded that, for the 28 Texas Administrative Code § 134.401 exception to apply, “total audited charges exceed $40,000 and that an admission involved unusually costly and unusually extensive services.”

December 22, 2022

The Fifth Court of Appeals (Dallas) affirmed the trial court’s summary judgment in favor of the Employee-Attorney in a claim for breach of fiduciary duty.

December 22, 2022

The Ninth Court of Appeals (Beaumont) affirmed the trial court’s no-evidence summary judgment in favor of Defendant-Employer in a third-party respondeat superior claim by the Plaintiff-Third-Party. The Court noted the coming-and-going rule in the workers’ compensation context, which is generally, a worker’s injury received using public streets and highways when going or returning from the place of employment is not compensable as it was not incurred in the course and scope of employment.

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