Sentry Casualty Company v. Bravin – 05-23-00869-CV – Jun 21, 2024
The 5th Court of Appeals (Dallas) reversed the judgment of the trial court regarding determination of attorney’s fees under Texas Labor Code § 417.003(a)(1). The Court concluded that because Workers-Compensation-Carrier conveyed its entire subrogation cause of action and lien to Third-Party-Claim-Carrier, Plaintiff-Employee nonsuited their third-party claims, the trial court erred by ruling that Workers-Compensation-Carrier owed any attorney’s fees to Plaintiff-Employee. The Court noted that nothing in Chapter 417 addresses purchase or sale of the carrier’s lien.
In re Recess Arcade Bar LLC – 03-24-00230-CV – Jun 19, 2024
The 3rd Court of Appeals (Austin) affirmed the trial court’s order denying Defendant-Employer’s plea to the jurisdiction. The Court reasoned that exhausting administrative remedies was not necessary because “[t]here is no aspect of the personal injury suit that requires [Plaintiff-Employee] to ultimately be eligible for workers’ compensation benefits.”
MVT Services, LLC v. Robles – 08-23-00181-CV – Jun 17, 2024
The 8th Court of Appeals (El Paso) affirmed the trial court’s order denying Defendant-NonSubscriber-Employer’s motion to compel arbitration. The Court found that the Plaintiff-Employer was not a party to the arbitration agreement.
Lee v. Grand Prairie Independent School District – 03-23-00454-CV – Jun 13, 2024
The 3rd Court of Appeals reversed the trial court’s order granting Defendant-Employer’s plea to the jurisdiction. The Court concluded that the 45-day filing deadline in Section 410.252(a) applied, and thus, that Plaintiff-Employee timely filed her petition for judicial review.
Lubbock County v. Reyna – 692 S.W.3d 853 – Jun 10, 2024
The 7th Court of Appeals (Amarillo) reversed the lower courts denial of Defendant-Carrier’s summary judgment asserting that Plaintiff-Employee was not entitled to both temporary income benefits (TIBs, IIBs, and SIBS) as well as permanent income benefits (LIBs). The Court concluded that Tex. Lab. Code § 401.011(25) precludes the payment of temporary income benefits and permanent income benefits for the same period because the payment of each type of income benefit is “a payment made to an employee for a compensable injury.”
Waeli v. BWFS Industries LLC – 14-23-00620-CV – Jun 6, 2024
The 14th Court of Appeals (Houston) affirmed the lower court’s traditional and no-evidence summary judgment because the Plaintiff-Employee’s exclusive remedy was the recovery of workers’ compensation benefits.
Schneider v. Quintana Energy Services, LLC – 691 S.W.3d 738 – May 30, 2024
The 14th Court of Appeals (Houston) affirmed the lower court’s judgment dismissing Plaintiff-Beneficiary’s claims for intentional torts under Oklahoma law. The Court noted that the Plaintiff-Beneficiary failed to show that Defendant-Employer desired to injure the Decedent, as required by Oklahoma law.
Conroe Independent School District v. Osuna – 09-22-00424-CV – May 23, 2024
The 9th Court of Appeals (Beaumont) reversed the trial court’s Denial of Plaintiff-Employer’s Plea to the Jurisdiction in a claim for workers’ compensation retaliation. The Court found that the Legislature has not waived the immunity of a political subdivision in such suits.
Progressive County Mutual Insurance Company v. Freeman – 694 S.W.3d 924 – May 14, 2024
The 14th Court of Appeals (Houston) reversed the lower court’s summary judgment that the that the regular-use exclusion in Defendant-Carrier’s UM/UIM policy violated public policy. The Court noted that Plaintiff-Employee failed to show how much she received in workers’ compensation benefits and to show that she suffered financial loss.
Phillips v. Texas Department of Insurance – Division of Workers Compensation – 05-22-00859-CV – May 7, 2024
The 5th Court of Appeals (Dallas) dismissed the appeal because the Plaintiff-Employee failed to file a letter brief.