Childress v. Travelers Indemnity Company – 03-21-00579-CV – Jul 8, 2022
The Third Court of Appeals (Austin) affirmed the trial court’s order granting the Division’s plea to the jurisdiction and dismissed the appeal of the trial court’s order transferring venue for lack of appellate jurisdiction.
Phillips v. Texas Department of Insurance Division of Workers’ Compensation – 05-22-00610-CV – Jul 8, 2022
The Fifth Court of Appeals (Dallas) denied Plaintiff-Employee’s petition for permissive appeal and dismissed the appeal for want of jurisdiction. The Court noted that the petition failed to meet each requirement set forth in Texas Rule of Appellate Procedure 28.3(a), (e).
Vargas v. Rigid Global Buildings, LLC – 14-20-00309-CV – Jun 28, 2022
The Fourteenth Court of Appeals (Houston) affirmed the lower court’s confirmation of an arbitration award in Non-Subscriber-Defendant’s favor. The Court reasoned that, although the Labor Code section 406.033 lists defenses not available to a non-subscribing employer under the Texas Workers’ Compensation Act, the statute does not invalidate time limits to file claims agreed to by the parties. Therefore, the arbitrator did not exceed their powers.
In re YRC Inc. – 646 S.W.3d 805 – Jun 17, 2022
The Texas Supreme Court reversed the appellate court’s decision denying a motion to designate employer as responsible third party. The Court reasoned, in part, that there is no applicable limitations period for a plaintiff to join a third-party employer as a defendant on a tort cause of action when the exclusive remedy—which is successfully pursued—is workers’ compensation.
Industrial Specialists, LLC v. Blanchard Refining Company, LLC – 20-0174 – Jun 10, 2022
The Texas Supreme Court affirmed the appellate court’s order denying permissive appeal in a suit by Contractor-Plaintiff against Sub-Contractor-Defendant seeking to enforce the indemnity provision of their contract.
Lee v. Grand Prairie Independent School District – 05-22-00338-CV – Jun 7, 2022
The Fifth Court of Appeals (Dallas) found that the trial court’s interlocutory venue order was not subject to interlocutory appeal.
Stevenson v. Texas Mutual Insurance Company – 05-21-00464-CV – May 13, 2022
The Fifth Court of Appeals (Dallas) reversed the trial court’s order regarding Carrier-Defendant’s subrogation interest to calculate the proportionate share of expenses.
Flashdancer, Inc. v. Fulcher – 05-21-00070-CV – May 4, 2022
The Fifth Court of Appeals (Dallas) affirmed the trial court’s judgment for Plaintiff-Employee in a common law negligence case against Defendant-Employer (Non-Subscriber) for breach of the duty of care owed to employees. The Court found that the evidence established that Defendant-Employer’s search policy was not followed, creating unsafe working conditions that resulted in Plaintiff-Employee’s injury.
Balderas v. Zurich American Insurance Company – 14-20-00262-CV – Apr 28, 2022
The Fourteenth Court of Appeals (Houston) affirmed the trial court’s judgment finding that the Decedent-Employee was an employee of the Employer-Defendant and that the Decedent-Employee was intoxicated at the time of injury.
Phillips v. Texas Department of Insurance Division of Workers’ Compensation – 05-22-00120-CV – Apr 19, 2022
The Fifth Court of Appeals (Dallas) dismissed Plaintiff-Employee’s appeal of the trial court’s interlocutory order dismissing a Defendant. The Court noted that the Plaintiff-Employee failed to provide any authority demonstrating that the order was appealable.