Texas Political Subdivisions Joint Self-Insurance Fund v. Texas Department of Insurance-Division of Workers’ Compensation – 681 S.W.3d 491 – Oct 31, 2023
The Third Court of Appeals (Austin) concluded that political subdivisions that self-insure are liable for sanctions, administrative penalties, and other Chapter 415 remedies, as well as attorneys’ fees, and clarified that they would be liable under the new process for cancer claims only for administrative violations that occurred after the effective date of the Act.
In re Arch Insurance Company – 08-23-00223-CV – Oct 31, 2023
The Eighth Court of Appeals (El Paso) upheld the trial court’s decision to strike Carrier’s intervention. The Court concluded that the trial court could have rationally determined that the equities weighed in favor of finding that Carrier’s lengthy and prejudicial delay in filing its petition in intervention constituted a “sufficient cause” for striking the petition.
Gonzalez v. Dynamic Motors Inc. – 03-21-00512-CV
The Third Court of Appeals (Austin) affirmed the lower court’s order granting summary judgment because the Plaintiff-Employee’s exclusive remedy was workers’ compensation.
In re Southwestern Public Service Co. – 13-22-00389-CV – Oct 16, 2023
The Thirteenth Court of Appeals (Corpus Christi) reversed the lower court’s death penalty sanctions because they were not supported by the governing law.
Accident Fund General Insurance Company v. Mendiola – 13-21-00361-CV – Oct 12, 2023
The Thirteenth Court of Appeals (Corpus Christi) affirmed the lower court’s order finding the Plaintiff-Employee entitled to lifetime income benefits.
City of Laredo v. Torres – 04-22-00453-CV – Oct 4, 2023
The Fourth Court of Appeals (San Antonio) reversed the trial court’s denial of the plea to the jurisdiction and rendered judgment for the City dismissing the case for lack of jurisdiction because the City had no actual knowledge of the premises defect.
Rush Truck Centers of Texas L.P. v. Mendoza – 676 S.W.3d 821 – Sep 01, 2023
The Eighth Court of Appeals (El Paso) reversed the lower court’s denial of a motion to stay proceedings and compel arbitration. The Court, however, noted that because the right to workers’ compensation benefits, including death benefits, arises within the Texas Workers’ Compensation Act itself, the statutory right to pursue such administrative benefits cannot be altered by contract. As such, Plaintiff-Beneficiary’s workers’ compensation claim was not subject to the Arbitration Agreement, but rather, was properly within the statutory framework of the Texas Workers’ Compensation Act.
Woodard v. Texas Department of Insurance, Division of Workers’ Compensation – 01-22-00761-CV – Aug 29, 2023
The First Court of Appeals (Houston) upheld the trial court’s dismissal of Plaintiff-Employee’s claims against the Defendant-Carrier and the Division of Workers’ Compensation.
American Zurich Insurance Company v. Miller – 01-22-00666-CV – Aug 29, 2023
The First Court of Appeals (Houston) upheld the trial court’s holding that the Plaintiff-Employee was acting in the course and scope of employment when he sustained his injuries and that Plaintiff-Employee had a disability from the date of his injury through the date of the contested hearing.
Red Bluff LLC v. Tarpley – 679 S.W.3d 211 – Aug 24, 2023
The Fourteenth Court of Appeals in Houston affirmed the trial court’s multimillion-dollar negligence and premises-liability judgment for certified nursing assistant Nicole Tarpley against her employer, Red Bluff, LLC. The panel held that Red Bluff’s Rule 306a motion failed because its counsel had actual notice of the February 4 2022 judgment, rendering its motions for new trial and judgment n.o.v. untimely and leaving no preserved error on sufficiency or damages. Accordingly, the court affirmed the jury’s awards—including future medical, pain, mental anguish, and impairment—totaling roughly $7.1 million. Because Red Bluff is a Texas workers-compensation nonsubscriber, the opinion underscores that employers who opt out of the compensation system remain fully exposed to tort liability for workplace injuries, with no statutory caps or exclusive-remedy protection.