Gonzalez v. Dynamic Motors Inc. – 03-21-00512-CV
The Third Court of Appeals (Austin) affirmed the lower court’s order granting summary judgment because the Plaintiff-Employee’s exclusive remedy was workers’ compensation.
Engel v. Texas Department of Insurance – Division of Workers’ Compensation – 03-23-00077-CV – Jun 13, 2023
The Third Court of Appeals (Austin) granted the Plaintiff-Employee’s Motion for Rehearing because of extenuating personal circumstances that caused him to be unable to make arrangements for the clerk’s record before the Court’s prior dismissal.
Handy v. Zurich American Insurance Company – 03-21-00418-CV – Jun 2, 2023
The Third Court of Appeals (Austin) affirmed the trial court’s order granting summary judgment and dismissing Plaintiff-Employee’s claims. The Court noted that the Plaintiff-Employee failed to specify to the trial court which findings of the Division were being contested.
Engel v. Texas Department of Insurance-Division of Workers’ Compensation – 03-23-00077-CV – Apr 21, 2023
The Third Court of Appeals (Austin) dismissed the case for want of prosecution because Plaintiff-Employee failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record.
Texas Department of Insurance, Division of Workers’ Compensation v. Accident Fund Insurance Company – 03-21-00074-CV – Feb 28, 2023
The Third Court of Appeals (Austin) reversed in part and affirmed in part the district court’s order finding that Section (d)(1)(D) of 28 Texas Administrative Code Section 130.102 was invalid and that Section (f)’s mention of “work search contacts” is inapplicable to individuals who complete work searches on their own without the involvement of the Texas Workforce Commission. The Court reversed the lower court’s order that Rule 130.102(d)(1)(D) was facially invalid. The Court affirmed the lower court’s ruling regarding section (f) stating that Section (f) does not apply to include all work-search contacts within the definition of “job application,” or to allow work-search efforts that are not documented by written or oral job applications to count towards the satisfactory evidence of an active work-search effort for job seekers searching on their own.
Vista Medical Center Hospital v. Texas Mutual Insurance Company – 03-21-00242-CV – Dec 28, 2022
The Third Court of Appeals (Austin) affirmed the district court’s judgment that the Plaintiff-Medical-Providers were not entitled to additional reimbursement in a dispute over the proper reimbursement of workers’ compensation medical benefits. The Court affirmed its decision in prior cases and concluded that, for the 28 Texas Administrative Code § 134.401 exception to apply, “total audited charges exceed $40,000 and that an admission involved unusually costly and unusually extensive services.”
Facility Insurance Corporation v. Patients Medical Center – 03-17-00666-CV – Sep 08, 2022
The Third Court of Appeals (Austin) reversed a medical fee order from the State Office of Administrative Hearings because the medical provider failed to explain how a “sum of all packaged costs” fee was derived.
Texas Mutual Insurance Company v. Hofer Builders, Inc. – 03-21-00086-CV – Aug 25, 2022
The Third Court of Appeals (Austin) reversed the lower court’s summary judgment in favor of the Employer-Contractor and the Employer-Subcontractor against the Insurance Carrier. The court found that the Insurance Carrier was not contractually obligated to reimburse the Employers for injuries sustained by the Employee outside of Texas. The court reasoned that the Employer-Subcontractor did not have a place of business in Texas “at or from which” the Employee regularly worked.
In re Hellas Construction, Inc. – 03-21-00182-CV – Jul 28, 2022
In re Hellas Construction, Inc. – July 28, 2022 – The Third Court of Appeals (Austin) granted Employer-Defendant’s conditional writ ordering the district court to abate the tort litigation until there is a final decision in the suit for judicial review of the DWC’s final order.
Childress v. Sunz Insurance Company – 03-22-00266-CV – Jul 22, 2022
The Third Court of Appeals (Austin) dismissed Employee-Plaintiff’s appeal of the trial court’s order to transfer venue for want of jurisdiction.