Court Cases - Texas Worker

September 28, 2022

Hernandez v. Aerospace

The Eighth Court of Appeals (El Paso) reversed the trial court’s judgment and remanded the matter with directions to reinstate the jury’s verdict. The Court reasoned that the Defendant-Contractor did not conclusively establish that it was Plaintiff-Employee’s employer at the time of the accident for purposes of the exclusive remedies provision in the Workers’ Compensation Act.

September 15, 2022

Total Energies Petrochemicals & Refining USA, Inc. v. Kinder Morgan Petcoke, LP

The Fourteenth Court of Appeals (Houston) affirmed, in part, the lower court's summary judgment regarding breach of contract claims between two employers for failure to maintain workers' compensation coverage.

September 8, 2022

Facility Insurance Corporation v. Patients Medical Center

The Third Court of Appeals (Austin) reversed a medical fee order from the State Office of Administrative Hearings because the medical provider failed to explain how a “sum of all packaged costs” fee was derived.

September 7, 2022

Arriola v. Marc Jones Construction, LLC

The U.S. Western District Court of Texas (El Paso) remanded Plaintiff-Employee’s lawsuit back to the state court. The Court reasoned that cases arising under the workers’ compensation law are nonremovable, and a civil action that includes claims made nonremovable by § 1445 should be remanded to state court in its entirety.

September 2, 2022

Ovalle v. United Rentals North America, Incorporated

The United States Fifth Circuit affirmed the trial court’s summary judgment for Non-Subscriber-Employer and against Employee-Plaintiff regarding claims for premises-liability and workplace-safety. For the premises-liability claims, the Court found “the [Texas Workers’ Compensation Act’s] wavier of a nonsubscriber’s defenses ... has no bearing on our analysis of an employer’s duty.”

August 31, 2022

Flores v. Oil-Tech Construction, LLC

The Eleventh Court of Appeals (Eastland) affirmed the judgment of the trial court with respect to Employee-Plaintiff’s claims against Non-Subscriber-Employer based on a duty to warn, a duty to train, negligence per se, and gross negligence. However, the Court reversed the judgment of the trial court with respect to Employee-Plaintiff’s negligence claim for failure to provide a necessary instrumentality.

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