Court Cases - Texas Worker

February 9, 2023

The Eighth Court of Appeals (El Paso) affirmed the lower court’s summary judgment and plea to the jurisdiction in favor of Defendant-Employer. The Court noted that the Defendant-Carrier was within its statutory right to dispute extent of injury even though there had been a previous determination regarding maximum medical improvement and impairment rating.

January 30, 2023

The 8th Court of Appeals (El Paso) affirmed the lowers court’s judgment by finding that the trial court provided the jury with a legally correct and sufficiently inclusive definition of “incurable imbecility.” The definition used by the lower court was, “A more or less advanced decay and feebleness of the intellectual faculties; that weakness of mind which, without depriving the person entirely of the use of his reason, leaves only the faculty of conceiving the most common and ordinary ideas and such as relate almost always to physical wants and habits.”

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.

January 19, 2023

The Ninth Court of Appeals (Beaumont) reversed the lower court’s denial of Defendant-Employer’s Motion to Compel Arbitration. The Court concluded that the Plaintiff-Employee’s electronic agreement to arbitrate at the end of a computer-based training module was binding.

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.

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