Renaissance Medical Foundation v. Lugo – 672 S.W.3d 901 – Jun 15, 2023
The Corpus Christi Court of Appeals addressed whether a nonprofit health organization (NPHO) can be held vicariously liable for a physician’s medical negligence despite statutory limits on controlling medical judgment. Both the Court of Appeals and the Texas Supreme Court affirmed that such liability is possible if the employer has contractual or actual control that does not interfere with the physician’s independent medical judgment. Although the case involves medical malpractice, its relevance to Texas workers’ compensation lies in the modified analysis of employer control—a key element in determining employment relationships and liability under the Texas Workers’ Compensation Act. This decision signals that statutory limits on control in certain regulated professions may affect whether an organization is considered an employer for workers’ compensation purposes.
The University of Texas Rio Grande Valley v. Oteka – 13-22-00063-CV – Jan 26, 2023
The 13th Court of Appeals (Corpus Christi) affirmed the lower court’s denial of the Employer-Defendant’s plea to the jurisdiction because the Employee-Plaintiff’s personal injury lawsuit was not subject to the exclusive jurisdiction of the Division of Workers’ Compensation. The Court found that the Division’s exclusive jurisdiction does not extend to all cases that touch on workers’ compensation issues, and the Employee-Plaintiff’s personal injury claim was not based on their entitlement to benefits.
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.
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.
Texas Mutual Insurance Company v. Ochoa – 13-20-00060-CV – May 27, 2021
The Thirteenth Court of Appeals (Corpus Christi) reversed the lower court’s summary judgment in favor of Plaintiff-Beneficiary. The Court reasoned that, since the Appeals Panel found that Plaintiff-Beneficiary and Decedent-Employee were informally married, Defendant-Carrier had the burden to disprove the marriage. The Court found the evidence presented that Plaintiff-Beneficiary and Decedent-Employee were engaged and agreed to be married at some point in the future with no date yet set, is evidence that they were not presently married at the time of Decedent-Employee’s death. As such, Defendant-Carrier presented more than a scintilla of evidence and raised a genuine issue of material fact as to whether an agreement to be married existed at the time of Decedent-Employee’s death.
JNM Express LLC v. Lozano – 627 S.W.3d 682 – Apr 22, 2021
Court of Appeals of Texas, Corpus Christi-Edinburg. JNM EXPRESS, LLC, ANCA Transport, Inc., Omega Freight Logistics, LLC, Jorge Marin, and Silvia Marin, Appellants, v. Lauro LOZANO Jr. and Irene Lozano, Appellees. NUMBER 13-19-00374-CV | Delivered and filed April 22, 2021 | Rehearing Denied August 20, 2021 Attorneys & Firms Raymond L. Thomas Jr., McAllen, Melissa […]
Mariscal v. McCarthy Building Companies, Inc. – 13-19-00211-CV – Mar 25, 2021
The Thirteenth Court of Appeals (Corpus Christi) affirmed a summary judgment against Plaintiff-Employee from the lower court. The Court found that the OCIP entered into between the general contractor and the subcontractor extended the employee/employer relationship throughout all tiers of the subcontractor’s work under Texas Labor Code § 406.123. The Court further reasoned that the OCIP was valid because the general contractor ensured that if a lapse in the OCIP occurred, the subcontractor was not able to opt out of coverage.
United Specialty Insurance Co. v. Wasp Construction LLC – 13-19-00127-CV – Oct 29, 2020
The Thirteenth Court of Appeals (Corpus Christi) found that the insurance carrier for a subcontractor had no duty to defend and indemnify a general contractor for claims by the subcontractor’s injured employee.
In re A/C Technical Services, LLC – 13-20-00253-CV – Jul 9, 2020
Court of Appeals of Texas, Corpus Christi-Edinburg. IN RE A/C TECHNICAL SERVICES, LLC NUMBER 13-20-00253-CV | Delivered and filed July 9, 2020 On Petition for Writ of Mandamus. Attorneys & Firms Catherine Tobin, Alexander Hilliard, John Duff, Marion Reilly, Rudy Gonzales, Jessica Pritchett, Joseph F. Manak, for Real party in interest Faircloth, Sherry Lynn, Faircloth, […]
Barrett v. Berry Contracting, LP – 13-18-00498-CV – Oct 3, 2019
Court of Appeals of Texas, Corpus Christi-Edinburg. David BARRETT, Appellant, v. BERRY CONTRACTING, L.P., Elite Piping & Civil, Ltd., and Govind Development, LLC., Appellees. NUMBER 13-18-00498-CV | Delivered and filed October 3, 2019 Attorneys & Firms Thomas C. Hall, Thomas C. Hall, PC, San Antonio, TX, for Appellant. Audrey Mullert Vicknair, Law Office of Audrey […]