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Latest Decisions & Cases

Painter and Wright v. Amerimex Drilling I, LTD.

The Eighth Court of Appeals (El Paso) reversed the summary judgement granted by the lower court which found the Plaintiff-Employees' negligence claims were barred by the Workers' Compensation Act's. The Court determined the Defendant-Employer's summary judgment evidence did not conclusively establish that the Plaintiff-Employees were acting in the course and scope of their employment at the time of the motor vehicle collision.

De La Rosa v. Basic Energy Services, GP, LLC

The Eleventh Court of Appeals (Eastland) held that the Workers' Compensation Act’s evident purpose was to confine its operation to only accidental injuries. The Court found that the Act's exclusive-remedy provision does not prohibit an employee or the employee's spouse from pursuing intentional-injury claims against the employer. Further, the Court found that an injured employee’s acceptance of workers’ compensation benefits does not bar the injured employee's claim under the Election of Remedies Doctrine, nor does it bar an employee-spouse’s derivative claim against the employer for intentional impairment of consortium.

Medrano v. Kerry Ingredients and Flavours, Inc.

The Second Court of Appeals (Fort Worth) found that where an employee’s claim is not “based on” entitlement to benefits, the claim is not subject to the Division’s exclusive jurisdiction. The Court noted that the Division’s exclusive jurisdiction does not extend to all cases that touch on workers’ compensation issues, and the district courts decide disputes about whether the Act’s exclusive-remedy provision applies as a defense to an injured worker’s personal injury suit. The Court reasoned that exclusive-remedy is an affirmative defense that is not disposed of with a motion to dismiss such as a plea to the jurisdiction, and exclusive-remedy should instead be raised through a motion for summary judgment or proven at trial.

APD 210237

The Appeals Panel reversed the Administrative Law Judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits.

APD 210196

The Appeals Panel reversed the decision so that the Administrative Law Judge could consider whether the claimant had good cause for failing to attend the contested case hearing.

APD 210207

The Appeals Panel reversed the Administrative Law Judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits.

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