Hart v. New Hampshire Insurance Company – 12-24-00013-CV – Nov 27, 2024
The 12th Court of Appeals (Tyler) reversed the lower courts summary judgment in favor of the Defendant-Employer. The Court noted that the nature of employment and the circumstances of the travel raised genuine issues of material fact regarding whether the Plaintiff-Employee was in the course and scope of employment while driving the employer’s vehicle.
White v. Construction and Trade Tools Inc. – 05-23-00841-CV – Nov 13, 2024
The 5th Court of Appeals affirmed the lower court’s take-nothing judgment in a workers compensation retaliation claim. The Court noted that the trial judge was entitled to credit the evidence showing Plaintiff-Employee was fired for failing to follow company safety rules.
Hawkins v. Sentry Casualty Company – 10-22-00041-CV – Nov 7, 2024
The 10th Court of Appeals (Waco) affirmed the judgment of the lower court. The Court found that the Plaintiff-Employee failed to preserve the exclusion-of-evidence issue for appeal.
In re Murillo – 08-24-00323-CV – Oct 17, 2024
The 8th Court of Appeals denied the Employee-Plaintiff’s petition for mandamus to overrule the lower court’s order compelling arbitration in a non-subscriber work-injury claim.
Texas Mutual Insurance Company v. Laird – 706 S.W.3d 421 – Oct 16, 2024
The 3rd Court of Appeals found that it lacked jurisdiction because, pursuant to Tex. Lab. Code § 410.258(a), the judgment was void since it had not been properly filed with the Division.
Old Republic Insurance Company v. Morris – 700 S.W.3d 172 – Sep 30, 2024
The 12th Court of Appeals (Tyler) addressed the application of subrogation under Texas Labor Code § 417.001 and Texas Civil Practice and Remedies Code §§ 33.012 and 33.013. The Court found that a jury determination of an employer’s negligence, if greater that 50%, does not eliminate a subrogation lien as to pretrial settlements.
Lane v. Odle, Inc. – 02-24-00024-CV – Aug 22, 2024
The 2nd Court of Appeals affirmed the lower court’s summary judgment against Employee-Plaintiff finding that the exclusive remedy applied. The Court found that the Employer-Defendant’s evidence conclusively established that Employee-Plaintiff was an employee and that he was covered by workers’ compensation insurance policy at the time of his work-related injuries.
In re Prentis – 702 S.W.3d 762 – Aug 20, 2024
The 1st Court of Appeals (Houston) concluded that the trial court abused its discretion in denying Defendant-Employer’s Plea to the Jurisdiction. The Court found that the Division of Workers’ Compensation has exclusive jurisdiction to determine whether an employee was in the course and scope of employment.
Engel v. Texas Department of Insurance – Division of Workers’ Compensation – 03-23-00077-CV – Jul 17, 2024
The 3rd Court of Appeals (Austin) affirmed the trial courts judgment dismissing the Plaintiff-Employee’s claims. The Court noted: 1) The challenge to rule 137.100 regarding the ODG failed to raise appropriate sections of the Texas APA and therefore did not waive TDI’s immunity; 2) There is no statutory conflict between the laws for 90-day finality, the one-year deadline to file a claim, and the 104-week statutory MMI; and 3) The 90-finality statute does not render the entire act unconstitutional.
Old Republic Insurance Company v. Evans – 07-23-00326-CV – Jun 28, 2024
The 7th Court of Appeals (Amarillo) reversed the trial court’s judgment that found the Deceased-Employee’s motor vehicle accident was in the course and scope of employment after he left work to go home and retrieve his laptop. The court noted that travel to and from a place of employment is generally not in the course and scope of employment, and there was no evidence the Defendant-Employer directed the Deceased-Employee to retrieve his laptop.