Childress v. Travelers Indemnity Company – 03-21-00579-CV – Jul 8, 2022
The Third Court of Appeals (Austin) affirmed the trial court’s order granting the Division’s plea to the jurisdiction and dismissed the appeal of the trial court’s order transferring venue for lack of appellate jurisdiction.
Manley v. Wise – 03-21-00120-CV – Feb 24, 2022
The Third Court of Appeals (Austin) reversed the district court’s denial to dismiss individual tort actions against Co-Employee-Defendants. The Court reasoned that a defendant is entitled to dismissal upon proof that the plaintiff’s suit is (1) based on conduct within the scope of the defendant’s employment with a governmental unit and (2) could have been brought against the governmental unit under the Tort Claims Act.
Phi Air Medical, LLC v. Texas Mutual Insurance Company – 641 S.W.3d 543 – Feb 3, 2022
On remand from the Texas Supreme Court, the Third Court of Appeals (Austin) reversed its prior decision and affirmed a portion of the trial court’s judgment determining that the federal Airline Deregulation Act (ADA) does not preempt the reimbursement provisions for medical care under the Texas Workers’ Compensation Act (TWCA). The Court further determined that the ADA does not preempt TWCA’s balance-billing requirements because PHI Air failed to prove a “significant effect” and did not meet its summary-judgment burden. As part of its order, the Court held that the applicable date for TWCA Section 413.0312’s Benefit Review Conference requirement is the date on which a Medical Fee Dispute Request is first filed. The Court further held that TWCA Section 413.031(k-1)’s requirement that a petition for judicial review be filed within forty-five days of mailing a SOAH decision is not a jurisdictional prerequisite to suit.
PHI Air Medical, LLC v. Texas Mutual Insurance Company – 03-17-00081-CV – Dec 17, 2020
The Third Court of Appeals (Austin) granted a motion to abate while appeal is pending review by the U.S. Supreme Court.
Childress v. Texas Mutual Insurance Company – 03-19-00284-CV – Aug 27, 2020
Court of Appeals of Texas, Austin. Alvy CHILDRESS, Appellant v. TEXAS MUTUAL INSURANCE COMPANY, Appellee NO. 03-19-00284-CV | Filed: August 27, 2020 Attorneys & Firms Alvy Childress, 3526 Lakeview Pkwy, Suite B #128, Rowlett, TX 75088, pro se. Mary A. Keeney, Graves, Dougherty, Hearon & Moody, PC, 401 Congress Avenue, Suite 2700, Austin, TX 78701, […]
Davila v. Texas Mutual Insurance Company – 03-19-00366-CV – Mar 12, 2020
Court of Appeals of Texas, Austin. Rhonda Yvonne DAVILA, Appellant v. TEXAS MUTUAL INSURANCE COMPANY, Appellee NO. 03-19-00366-CV | Filed: March 12, 2020 Attorneys & Firms Rhonda Yvonne Davila, pro se. Bryan W. Jones, for Appellee. Before Chief Justice Rose, Justices Baker and Triana MEMORANDUM OPINION Thomas J. Baker, Justice *1 Appellant Rhonda Yvonne Davila, […]
Facility Insurance Company v. Vista Hospital of Dallas – 03-18-00663-CV – Dec 6, 2019
Court of Appeals of Texas, Austin. FACILITY INSURANCE COMPANY; Midwest Employers Casualty Company; ACE American Insurance Company; Houston General Insurance Company; UPS Ground Freight Inc.; Hartford Casualty Insurance Company; WC Solutions; Poly-America, LP; British American Insurance Company; Clarendon National Insurance Company; Sentry Insurance, A Mutual Company; St. Paul Fire & Marine Insurance Company; American Zurich […]
Coolbaugh v. Texas Department of Insurance-Division of Workers’ Compensation – 03-18-00345-CV – Sep 10, 2019
Court of Appeals of Texas, Austin. Dr. Robert COOLBAUGH, D.C., Appellant v. TEXAS DEPARTMENT OF INSURANCE-DIVISION OF WORKERS’ COMPENSATION and Commissioner Ryan Brannan, in his Official Capacity, Appellees NO. 03-18-00345-CV | Filed: September 10, 2019 Attorneys & Firms David Gordon, for Commissioner Ryan Brannan, in his Official Capacity Bradley Dean McClellan, for Robert Coolbaugh David […]
Johnson v. Texas Mutual Insurance Company – 03-18-00532-CV – Aug 23, 2019
Court of Appeals of Texas, Austin. Pamela JOHNSON, Appellant v. TEXAS MUTUAL INSURANCE COMPANY, Appellee NO. 03-18-00532-CV | Filed: August 23, 2019 Attorneys & Firms Ms. Pamela Johnson, 815 A Brazos Street, # 416, Austin, TX 78701, Pro Se Appellant. Ms. Shannon Simmons Pounds Texas Mutual Insurance Company, 2200 Aldrich Street, Austin, TX 78723, Mr. […]
Texas Mutual Insurance Company v. Hofer Builders, Inc. – 03-17-00741-CV – Jul 3, 2019
Court of Appeals of Texas, Austin. TEXAS MUTUAL INSURANCE COMPANY, Appellant v. HOFER BUILDERS, INC. and Hartford Underwriters Insurance Company, Appellees NO. 03-17-00741-CV | Filed: July 3, 2019 Attorneys & Firms Steven J. Knight, Christine Kirchner, Cade White, Chamberlain, Hrdlicka, White, Williams & Aughtry, Houston, TX 77002, Adam Alexander, Douglas R. Hafer, Curnutt & Hafer, […]