Medrano v. Kerry Ingredients and Flavours, Inc. – 02-20-00247-CV – Apr 8, 2021
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.
Floyd v. Gateway Mortgage Group – 02-19-00356-CV – Mar 11, 2021
Workers’ compensation is only mentioned in the Court’s reference to jurisdiction as prescribed by Texas Government Code § 25.0003(c), which grants jurisdiction to statutory county courts to hear “appeals of final rulings and decisions of the division of workers’ compensation of the Texas Department of Insurance regarding workers’ compensation claims, regardless of the amount in controversy.”
Ellis v. Dallas Area Rapid Transit – 02-19-00224-CV – Jan 14, 2021
The Second Court of Appeals (Fort Worth) affirmed the judgment of the lower court which found the Plaintiff-Employee’s compensable injury did not extend to a rotator cuff tear or right wrist tendonitis. The Employee-Plaintiff challenged the lower court’s requirements that the conditions required expert medical evidence of causation. However, the Employee-Plaintiff failed to request Findings of Facts and Conclusions of Law from the lower court. Consequently, the Court determined that the trial court’s judgment implies all findings necessary to support it.
Robinson v. Cox – 02-19-00370-CV – Dec 3, 2020
The Second Court of Appeals (Fort Worth) affirmed summary judgment of the lower court which dismissed the injured employee’s suit against a co-employee. Specifically, the Court found that an injury caused by a co-employee was covered under the exclusive-remedy provision of Texas Labor Code Section 408.001 if the co-employee was within the course and scope of employment at the time of the injury.
Taylor v. Tristar Risk Management – 02-19-00398-CV – May 7, 2020
Court of Appeals of Texas, Fort Worth. Sabrina TAYLOR, Appellant v. TRISTAR RISK MANAGEMENT, Appellee No. 02-19-00398-CV | Delivered: May 7, 2020 Attorneys & Firms ATTORNEY FOR APPELLANT: SABRINA TAYLOR, PRO SE. ATTORNEYS FOR APPELLEE: CHARLES C. FINCH, ROBERT D. STOKES, FLAHIVE, OGDEN & LATSON, AUSTIN, TEXAS. Before Gabriel, Bassel, and Womack, JJ. MEMORANDUM OPINION […]
Atmos Energy Corporation v. Paul – 598 S.W.3d 431 – Mar 5, 2020
Court of Appeals of Texas, Fort Worth. ATMOS ENERGY CORPORATION, Appellant v. Charles L. PAUL, Appellee No. 02-19-00042-CV | Delivered: March 5, 2020 Attorneys & Firms ATTORNEYS FOR APPELLANT: C. MATTHEW TERRELL, PHELPS DUNBAR LLP, SOUTHLAKE, TEXAS, KEVIN MAGUIRE, SPENCER FANE, LLP, DALLAS, TEXAS, BRETT KUTNICK, JACKSON WALKER LLP, DALLAS, TEXAS. ATTORNEYS FOR APPELLEE: CHRISTOPHER […]
Tarrant County v. Green – 02-19-00159-CV – Oct 24, 2019
Court of Appeals of Texas, Fort Worth. TARRANT COUNTY, Texas, Appellant v. Tony Lee GREEN, Appellee No. 02-19-00159-CV | Delivered: October 24, 2019 | Rehearing Denied November 14, 2019 Attorneys & Firms Scott H. Palmer, Niles Illich, for Green, Tony Lee. Christopher Taylor, Kimberly Colliet Wesley, for Tarrant County, Texas. Before Sudderth, C.J.; Bassel and […]
Hawk Steel Industries, Inc. v. Stafford – 02-19-00040-CV – Aug 15, 2019
Court of Appeals of Texas, Fort Worth. HAWK STEEL INDUSTRIES, INC., Appellant v. Willie James STAFFORD, Jr., Appellee No. 02-19-00040-CV | Delivered August 15, 2019 Attorneys & Firms Jerry Fazio, R. Michael Perez, Owen & Fazio, P.C., Dallas, TX, for Appellant. Bart Behr, Behr Law Firm, Wimberley, TX, for Appellee. Before Sudderth, C.J.; Gabriel and […]
Tawil v. Cook Childrens Healthcare System – 582 S.W.3d 669 – May 30, 2019
Court of Appeals of Texas, Fort Worth. Kyle TAWIL, Appellant v. COOK CHILDREN’S HEALTHCARE SYSTEM, Appellee No. 02-18-00298-CV | Delivered: May 30, 2019 Attorneys & Firms ATTORNEY FOR APPELLANT: ERIC H. MARYE, THE MARYE LAW FIRM, DALLAS, TEXAS. ATTORNEYS FOR APPELLEE: RUSSELL D. CAWYER & PAIGE P. BIGGS, KELLY HART & HALLMAN LLP, FORT WORTH, […]
Grogan v. Elite Metal Fabricators, Inc. – 02-18-00048-CV – Dec 6, 2018
Court of Appeals of Texas, Fort Worth. Christopher Paul GROGAN, Appellant v. ELITE METAL FABRICATORS, INC., Appellee No. 02-18-00048-CV | Delivered: December 6, 2018 Attorneys & Firms Sam L. Stein, Law Office of Sam L. Stein, PLLC, Duke Halley, Halley Talbot & Smithton, Cherokee, OK, Lars L. Berg, Kelly Hart, Fort Worth, TX, for Appellant. […]