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We mourn the passing of Judge Thomas Hight of Dallas, whose service and integrity leave a lasting legacy.
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Latest Court Cases
B&T Dependable Services, LLC v. Santos
The San Antonio Court of Appeals affirmed the trial court’s denial of B&T Dependable and Bernell Gardener’s plea to the jurisdiction and motion for summary judgment. The court held that the Division of Workers’ Compensation did not have exclusive jurisdiction over Edward Santos’s negligence claims because they were not based
- Citation: 04-24-00516-CV, 04-24-00521-CV
- Court: 4th COA – San Antonio
- Date:
Sanchez v. K&C Chicken 2, LLC
The Eastland Court of Appeals reversed a plea to the jurisdiction and remanded. Applying Oteka II, it held the DWC lacks exclusive jurisdiction to decide course-and-scope when the employer asserts it as an affirmative defense and the plaintiff seeks no comp benefits. Exhaustion of DWC remedies was unnecessary.
- Citation: 11-24-00097-CV
- Court: 11th COA – Eastland
- Date:
In re Stonegate Contractors LLC
Although In re Stonegate Contractors LLC is not a workers’ compensation benefits case, it directly implicates workers’ compensation exclusivity and employer immunity. The injured worker sued third parties rather than his employer, who was alleged to be a responsible third party. The court held that the employer could be designated
- Citation: 05-25-00693-CV
- Court: 5th COA – Dallas
- Date:
Rodriguez v. Blaine Larsen Farms, Incorporated
The Fifth Circuit affirmed summary judgment in favor of Blaine Larsen Farms, holding that the estate of a deceased H-2A worker, Marco Galvan, could not recover under negligence, wrongful death, survival, or breach of contract claims. Although the Texas Division of Workers’ Compensation found the COVID-related death non-compensable under the
- Citation: 22-10514
- Court: 5th Circuit COA
- Date:
Sentry Insurance v. Bristow
The Eastland court of appeals reversed the $750,000 jury award and attorney’s fees previously granted to the injured worker, Donald Bristow, under the Texas Insurance Code, DTPA, and common-law bad faith. The court held that such claims were barred by the Texas Supreme Court’s decision in Ruttiger, which limits these
- Citation: 11-23-00016-CV
- Court: 11th COA – Eastland
- Date:
Rodriguez v. Frez-N-Stor, Inc.
The US District Court for the Southern District of Texas granted summary judgment in favor of Americold, finding it was entitled to workers’ compensation immunity under Texas Labor Code § 408.001 because it was covered as an “alternate employer” on Luxor Staffing’s policy. However, the court denied summary judgment for
- Citation: H-23-cv-3944
- Court: Southern Dist. Ct. - Texas
- Date:
Latest AP Decisions
APD 250998
The Appeals Panel reversed the ALJ’s finding that the first certification of MMI and 15% impairment rating from Dr. V did not become final, ruling instead that it did become final under Section 408.123 and Rule 130.12 because no valid exception applied. As a result, the Panel reversed the ALJ’s
- Appeals Panel
APD 251015
The Appeals Panel reversed the ALJ’s decision awarding first quarter supplemental income benefits and remanded the case for further findings. Although the claimant showed that his underemployment was due to impairment from the compensable injury, the evidence indicated he did not work during the final week of the qualifying period.
- Appeals Panel
APD 250853
The Appeals Panel affirmed the ALJ’s findings that the compensable injury did not extend to additional cervical spine conditions and that the claimant had no disability from October 24, 2023, through the date of the hearing. However, the Panel reversed the determinations of MMI and IR because the designated doctor
- Appeals Panel
APD 250881
The Appeals Panel affirmed in part and reversed and remanded in part the ALJ’s decision. The Panel upheld the finding that the compensable injury does not extend to a T4-5 disc bulge or protrusion. However, it reversed the ALJ’s determination that the injury did not extend to a C3-4 disc
- Appeals Panel
APD 250944
The Appeals Panel affirmed the ALJ’s decision that the compensable injury does not extend to multiple disputed spinal and shoulder conditions but does include a cervical sprain. However, the Panel reversed and remanded the determinations of maximum medical improvement (MMI) and impairment rating (IR) because the adopted certification was invalid—it
- Appeals Panel
APD 250877
The Appeals Panel affirmed the ALJ’s determinations that the claimant reached maximum medical improvement (MMI) on November 5, 2024, and did not have disability on that date. However, the Panel reversed and remanded the impairment rating (IR) determination because the designated doctor’s report contained inconsistent range-of-motion measurements for supination of
- Appeals Panel
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