Cardinal Senior Care, LLC v. Bradwell – 04-21-00557-CV – Dec 14, 2022
The Fourth Court of Appeals (San Antonio) reversed the trial court’s order denying Defendant-Non-Subscriber’s motion to compel arbitration and stay trial court proceedings. The Court failed to find merit in the Plaintiff-Employee’s argument that because the Plaintiff-Employee filed his suit outside of the one-year limitation in the arbitration agreement—he was no longer subject to the arbitration agreement.
Ace Property & Casualty Insurance v. Ladd – 10-17-00273-CV – Nov 22, 2022
The Tenth Court of Appeals (Waco) reversed the trial court’s judgment granting Employee-Plaintiff’s traditional motion for summary judgment, affirmed the trial court’s denial of Carrier-Defendant’s no-evidence motion for summary judgment, affirmed the trial court’s granting of the pleas to the jurisdiction of Carrier-Defendant, the DWC, and the Commissioner, and remanded the matter to the trial court for further proceedings.
Pickens v. Hartford Insurance – 09-21-00052-CV – Nov 03, 2022
The Ninth Court of Appeals (Beaumont) affirmed the trial court’s Order of Dismissal granting Carrier-Defendant’s Motion to Dismiss and Plea to the Jurisdiction. The Court noted that the Employee-Plaintiff failed to challenge the independent grounds asserted in Carrier-Defendant’s Motion to Dismiss or Plea to the Jurisdiction.
Turner Specialty Services, LLC v. Horn – 01-22-00031-CV – Nov 03, 2022
The First Court of Appeals (Houston) affirmed the trial court’s Order Denying Special Appearance. The Court found that Employer-Defendant had sufficient minimum contacts with Texas and the trial court had specific jurisdiction.
In re Berry Contracting, LP – 13-22-00376-CV – Oct 27, 2022
The Thirteenth Court of Appeals (Corpus Christi) granted the Joint Motion to Dismiss Mandamus Proceeding and to Lift Stay.
Oncor Electric Delivery Company LLC v. Quintanilla – 05-19-01331-CV – Oct 17, 2022
Court of Appeals of Texas, Dallas. ONCOR ELECTRIC DELIVERY COMPANY LLC, Appellant v. Victor QUINTANILLA, Oscar Interiano Rosales, and Accident Fund Insurance Company of America, Appellees No. 05-19-01331-CV | Opinion Filed October 17, 2022 Attorneys & Firms Christina Gratke Nason, Lance C. Travis, Andrew Christopher Cox, Burford & Ryburn LLP, Dallas, for Appellant. Wade Austin […]
Hernandez v. Aerospace – 08-20-00015-CV – Sep 28, 2022
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.
Renaissance Medical Foundation v. Lugo – 13-22-00374-CV – Sep 22, 2022
The Corpus Christi Court of Appeals considered whether a nonprofit health organization could be vicariously liable for the alleged negligence of its employed physician. While not a workers’ compensation case, this ruling is relevant to the Texas workers’ compensation system because it refines the legal standard for determining employer status—a core issue in workers’ compensation coverage and liability disputes.
TotalEnergies Petrochemicals & Refining USA, Inc. v. Kinder Morgan Petcoke, LP – 14-20-00661-CV – Sep 15, 2022
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.
Facility Insurance Corporation v. Patients Medical Center – 03-17-00666-CV – Sep 08, 2022
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.