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Latest Court Cases
White v. Premium Velocity Auto LLC
The federal district court denied the employer’s motion for summary judgment on claims for race discrimination, FMLA interference and retaliation, and Texas Labor Code § 451.001 workers’ compensation retaliation. The court held fact issues existed regarding whether the employer’s stated reason for termination was pretextual and whether the plaintiff could
- Citation: 3:24-CV-2692-B
- Court: Northern Dist. Ct. - Texas
- Date:
Juarez v. Texas Mutual Insurance Company
The court of appeals dismissed the appeal for want of jurisdiction. The claimant sought review of an adverse Division of Workers’ Compensation appeals panel decision regarding impairment rating, but the filing should have proceeded as a petition for judicial review in district court rather than as a direct appeal. Because
- Citation: 10-26-00042-CV
- Court: 10th COA – Waco
- Date:
Pimentel v. Maverick Maintenance & Supply LLC
The court of appeals reversed the venue transfer from Harris County to Karnes County in a workplace injury case. The court held that the employer’s workers’ compensation exclusivity defense could not be resolved in a venue proceeding and did not negate the pleaded venue facts. Because Harris County was a
- Citation: 04-24-00792-CV
- Court: 4th COA – San Antonio
- Date:
In re BD Trucking
The court conditionally granted mandamus relief, holding the trial court abused its discretion by denying a motion to designate the plaintiff’s subscribing employer as a responsible third party. The court concluded that workers’ compensation exclusivity does not bar designation under Chapter 33 and that the motion satisfied pleading requirements. The
- Citation: 14-25-00735-CV
- Court: 14th COA – Houston
- Date:
In re Fort Bend County
The court conditionally granted mandamus relief, holding the district court lacked jurisdiction to enjoin an Administrative Law Judge’s subpoena in a contested workers’ compensation case. The court concluded the Division of Workers’ Compensation had exclusive jurisdiction over compensability disputes and related discovery, and the claimant failed to follow statutory procedures
- Citation: 15-25-00102-CV, 15-25-00061-CV
- Court: 15th COA - Austin
- Date:
Turner Specialty Services LLC v. Horn
The court reversed the trial court’s order denying the employer’s motion to compel arbitration in a wrongful death suit following an employee’s death. The court held that wrongful death claims for exemplary damages based on gross negligence are derivative of the decedent’s rights and therefore subject to the arbitration agreement
- Citation: 01-24-00097-CV
- Court: 1st COA – Houston
- Date:
Latest AP Decisions
APD 252109
The Appeals Panel affirmed the ALJ’s extent-of-injury determinations, including that the compensable injury extended to a 5th metatarsal fracture and metatarsalgia but did not include other disputed foot conditions. However, the Panel reversed the ALJ’s finding that the claimant had not reached MMI because the designated doctor’s certification improperly included
- Appeals Panel
APD 252043
The Appeals Panel affirmed the ALJ’s determination that the claimant was entitled to supplemental income benefits (SIBs) for the first and second quarters, finding reasonable grounds for noncompliance with work search requirements due to timing of the MMI/IR decision and application notice. However, the Panel reversed the award of SIBs
- Appeals Panel
APD 252111
The Appeals Panel affirmed the ALJ’s determination that the claimant reached maximum medical improvement (MMI) on December 30, 2024. However, the Panel reversed the 4% impairment rating (IR) because the designated doctor’s calculation contained errors under the AMA Guides and could not be adopted. After reviewing a corrected clarification report
- Appeals Panel
APD 251957
The Appeals Panel affirmed the ALJ’s determination that the compensable injury did not extend to chronic insomnia, nausea, or fatigue, but reversed the finding that it extended to additional cognitive conditions such as brain fog, vertigo, and thought disorganization. The Panel rendered a new decision that those additional disputed conditions
- Appeals Panel
APD 251993
The Appeals Panel reversed and remanded the ALJ’s determination that the claimant sustained a compensable injury. Although the ALJ stated that the claimant bore the burden of proof, the Panel concluded the ALJ effectively shifted the burden to the carrier by stating the carrier was required to “prove a negative.”
- Appeals Panel
APD 252067
The Appeals Panel affirmed the ALJ’s determination that the compensable injury did not extend to left elbow medial or lateral epicondylitis or to left wrist/hand ulnar nerve compression or Guyon’s canal conditions, finding sufficient evidence to support those extent-of-injury findings. However, it reversed by striking the portion of the decision
- Appeals Panel
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