Trevino v. Jalapeno Tree Operating, LLC – 05-23-00086-CV – Feb 21, 2024
The Fifth Court of Appeals (Dallas) affirmed the lower court’s summary judgment holding that Texas Labor Code § 408.001 barred the Employee-Plaintiff’s suit because Employer-Defendant was a workers’ compensation subscriber.
Hill v. Texas Department of Insurance, Division of Workers Compensation – 05-23-01120-CV – Jan 24, 2024
The Fifth Court of Appeals dismissed the Employee-Plaintiff’s matter because the Employee-Plaintiff failed to file a requested brief regarding jurisdiction.
HNMC, Inc. v. Chan – 683 S.W.3d 373 – Jan 19, 2024
The Texas Supreme Court reversed the lower court’s holding regarding the specialized, case-specific duty owed by the Employer-Defendant when the Employee-Plaintiff was killed on an adjoining public roadway. Although the workers compensation bar was raised, the Court did not discuss the arguments because it found no duty was owed.
Frausto v. RC Industries LLC – 13-23-00194-CV – Jan 11, 2024
The Thirteenth Court of Appeals (Corpus Christi) affirmed the lower court’s summary judgement in favor of the Employer-Defendant in a workers compensation retaliation claim. The Court noted that the Employee-Plaintiff failed to provide any controverting evidence that the Employer-Defendant did not uniformly enforce the absence-control policy.
Nickerson v. Unique Employment I, Ltd. – 13-22-00057-CV – Jan 4, 2024
The Thirteenth Court of Appeals (Corpus Christi) affirmed the lower court’s order granting Temporary-Staffing Agency’s no-evidence and traditional summary judgment. The Court noted that § 417.001 does not create a standalone cause of action.
The City of Corpus Christi, Texas v. Nickerson – 13-22-00040-CV – Jan 4, 2024
The Thirteenth Court of Appeals reversed the lower court’s denial of Employer-Defendant’s plea to the jurisdiction. The Court reasoned that Employee-Plaintiff received workers’ compensation insurance coverage for a work-related injury, and the Texas Workers’ Compensation Act applied—barring waiver of the City’s immunity under the Texas Torts Claims Act.
City of Euless v. Danylyk – 05-22-00898-CV – Dec 12, 2023
The Fifth Court of Appeals (Dallas) affirmed the lower court’s judgment that the Plaintiff-Beneficiary and the Decedent-Employee were married under common law.
Royston v. Harris County – 01-22-00476-CV – Nov 30, 2023
The First Court of Appeals (Houston) affirmed the lower court’s judgment against the pro-se Employee-Plaintiff. The Court found there was nothing assigned for review because of waiver due to inadequate briefing.
In re East Texas Medical Center – 12-23-00263-CV – Nov 21, 2023
The Twelfth Court of Appeals (Tyler) upheld the lower court’s order striking relator’s designation as a responsible third party. In reaching its conclusion, the Court determined that a negligence case against a nonsubscribing employer is an action for workers’ compensation benefits under the Texas Workers’ Compensation Act.
Pittsburg Steel, LLC v. Palmer – 06-23-00021-CV – Nov 13, 2023
The Sixth Court of Appeals (Texarkana) affirmed the lower court’s judgment that the Plaintiff-Employee was discharged by the Defendant-Employee because he had instituted “a workers’ compensation claim in good faith.”