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Latest Decisions & Cases

Patients Medical Center v. Facility Insurance Corporation

January 29, 2021

The Texas Supreme Court held that in a worker’s compensation medical fee dispute resolution proceeding, the burden of proof in a contested case hearing before State Office of Administrative Hearings is on the party seeking review of the Division’s initial Medical Fee Dispute Resolution decision.

Texas Board of Chiropractic Examiners v. Texas Medical Association

January 29, 2021

The Texas Supreme Court held that chiropractic rules defining the musculoskeletal system and improving the subluxation complex as involving nerves in addition to muscle and bones, read in context, do not exceed the statutory scope of chiropractic practice. The Court further found that the rule authorizing chiropractors to perform an eye-movement test for neurological problems that is known by the acronym VONT did not exceed the statutory scope of chiropractic practice.

Munguia, as Next Friend of E.S.U v. Justrod, Inc.

January 28, 2021

The Fourteenth Court of Appeals (Houston) affirmed the judgment of the lower court in a wrongful death action that resulted from a work related injury. The lower court granted both Employer-Defendant's No Evidence Motion for Summary Judgment and Traditional Motion for Summary Judgment. The Court of Appeals noted that Plaintiff-Beneficiary only challenged the No Evidence Summary Judgment, and that "an appellant must challenge all possible grounds on which a summary judgment could have been granted, whether properly or improperly."

APD 201870

January 26, 2021

The Appeals Panel reversed the decision because the Administrative Law Judge failed to make a determination on the entire disability period.

Texas Department of Motor Vehicles v. Bustillos

January 25, 2021

The Eighth Court of Appeals (El Paso) reversed the trial court's order denying the Employer-Defendant’s plea to the jurisdiction and rendered judgment dismissing Employee-Plaintiff’s retaliation claim under chapter 451 of the Texas Labor Code. The Court noted that to establish a causal link between her firing and her filing of a workers' compensation claim, a plaintiff must demonstrate that “the employer's action would not have occurred when it did ....” The Court held that the Employer-Defendant presented evidence of a legitimate, non-discriminatory reason for termination. The Court added that an employee's subjective belief alone is not enough to support the causal connection required for workers’ compensation retaliation cause of action.

Parks v. Nordex USA, Inc.

January 21, 2021

The United States District Court - Southern District Texas, granted summary judgment to dismiss Plaintiff-Employee's negligence claims against Defendant-Employer. The Court affirmed that, under Texas Labor Code § 408.001(a), the “[r]ecovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage...against the employer...for the death of or a work-related injury sustained by the employee."

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