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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Claim of Lewis v. Stewart's Marketing Corp.

A claimant sustained serious injuries in 1997 and was awarded workers' compensation benefits. In 2008, a dispute arose regarding the permanency and degree of disability, with conflicting medical reports submitted by the claimant (permanent total disability) and the employer (moderate partial disability). The Workers' Compensation Law Judge denied the employer's request to cross-examine the claimant and his physician, subsequently ruling that the claimant had a permanent total disability. Upon appeal, the Workers’ Compensation Board affirmed this decision. The appellate court reversed the Board's decision, emphasizing that denying the employer's timely request for cross-examination was improper, especially given the conflicting medical evidence, and remitted the matter for further proceedings.

Workers’ CompensationDisability AssessmentPermanent Total DisabilityIndependent Medical ExaminationCross-Examination RightsProcedural Due ProcessConflicting Medical EvidenceRemittalAppellate ReviewBoard Decision Reversal
References
3
Case No. 03-13-00077-CV
Regular Panel Decision
Feb 25, 2015

Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage // Cross-Appellant,Texas Medical Association v. Texas Medical Association// Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage

The amicus brief, submitted by The Association of Marital and Family Therapy Regulatory Boards (AMFTRB), urges the Third Court of Appeals to grant en banc reconsideration and reverse a panel's decision that found 22 TEX. ADMIN CODE §801.42(13) invalid. The brief argues that Licensed Marriage and Family Therapists (LMFTs) are fully qualified, trained, and tested to perform diagnostic assessments within their therapeutic role. It asserts that diagnosis alone, in the context of marriage and family therapy, does not constitute the practice of medicine under the Texas Medical Practice Act, and preventing LMFTs from performing these assessments would effectively prohibit their professional practice and create a shortage of mental health professionals in Texas. The AMFTRB also highlights that the legislature did not intend for LMFTs to be supervised by physicians and that the structure of the Occupations Code supports marriage and family therapy as a stand-alone profession. Additionally, the brief questions the qualification of the Texas Medical Association's expert witness due to prior ethical lapses.

Marriage and Family TherapyDiagnostic AssessmentMedical Practice ActOccupations CodeRegulatory BoardsLicensureScope of PracticeMental Health ServicesTexasAccreditation
References
9
Case No. 03-05-00032-CV
Regular Panel Decision
May 04, 2007

Board of Medical Examiners for the State of Texas and Donald W. Patrick, M.D., J.D., as Executive Director of the Board of Medical Examiners for the State of Texas v. Vivian Adaobi O. Nzedu, M.D.

The Texas State Board of Medical Examiners denied Dr. Vivian Nzedu's medical license application, citing her failure to pass the USMLE within the statutorily permitted attempts. The Board included an examination attempt made prior to the effective date of the 'three-attempts statute' (September 1, 1993). The trial court initially sided with Dr. Nzedu, ruling that pre-1993 attempts should not be counted. However, the appellate court reversed this decision, concluding that counting pre-statute examination attempts is not an unconstitutional retroactive application of the Medical Practice Act, as it merely draws upon antecedent facts and does not impair a vested right. The court deferred to the Board's reasonable interpretation of the statute. The case was remanded for a determination of attorneys' fees.

Medical LicensingUSMLEStatutory InterpretationRetroactivityVested RightsAdministrative LawTexas Medical Practice ActPhysician LicensureExamination RequirementsAppellate Review
References
24
Case No. 03-13-00790-CV
Regular Panel Decision
Feb 06, 2015

T. Mark Anderson, as Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor of the Estate of Ted Anderson//Cross-Appellants, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. Richard T. Archer, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer//Cross-Appellees, T. Mark Anderson, Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor

This case involves a tortious interference with inheritance lawsuit. Richard T. Archer and family (Appellees/Cross-Appellants) sued T. Mark Anderson and Christine Anderson (Appellants/Cross-Appellees), co-executors of Ted M. Anderson's estate. The Archers alleged that Ted Anderson tortiously interfered with their inheritance from John R. 'Jack' Archer by causing Jack, after a debilitating stroke that left him mentally incapacitated, to sign new estate planning documents that disinherited the Archers in favor of charities. The Archers incurred significant attorney's fees and settlement costs in prior litigation to reinstate Jack's original estate plan, which favored them. A jury found Ted Anderson liable for tortious interference and awarded damages, which the district court modified to include an additional settlement amount with charities. The appellees are now seeking to affirm the liability finding and modify the damage award on cross-appeal.

Tortious Interference with InheritanceEstate Planning DisputeMental IncapacityUndue InfluenceFiduciary Duty BreachGuardianship ProceedingWill ContestAttorney's Fees as DamagesPrejudgment InterestAppellate Review
References
78
Case No. 12-19-00032-CV
Regular Panel Decision
Jun 28, 2019

City of Dallas, a Self-Insured Employer, Appellant/Cross-Appellee v. Gregory D. Thompson, Appellee/Cross-Appellant

This is an interlocutory appeal from a trial court’s ruling on a plea to the jurisdiction in a suit for judicial review of a Texas Department of Insurance, Division of Workers’ Compensation (DWC) decision. The City of Dallas, a self-insured employer, challenged counterclaims filed by Gregory D. Thompson, a former employee who claimed workers’ compensation benefits. Dallas asserted the trial court lacked jurisdiction over Thompson’s counterclaims due to untimely filing. Thompson cross-appealed the dismissal of his counterclaim for attorney’s fees based on governmental immunity. The Court of Appeals affirmed the trial court's decision, ruling that the forty-five-day deadline for judicial review is not jurisdictional and upholding governmental immunity for the City of Dallas regarding attorney's fees.

Workers' Compensation BenefitsJudicial Review of Administrative DecisionsPlea to JurisdictionTimeliness of FilingsGovernmental Immunity DoctrineAttorney's Fees ClaimInterlocutory Appeal TexasLabor Code ViolationsSelf-Insured EntitiesAppellate Court Rulings
References
11
Case No. MISSING
Regular Panel Decision

Cearley v. Cross Timbers Production Co.

Robert Cearley, an employee under the supervision of Cross Timbers, sustained a personal injury in January 1988 while working on a Cross Timbers oil and gas lease. He claimed Cross Timbers was negligent for not providing a ladder. This appeal concerns a take-nothing summary judgment granted to Cross Timbers, which argued the borrowed servant doctrine applied. The court examined whether Cearley was a regular employee of Crown Central or a borrowed servant of Cross Timbers at the time of the accident. The summary judgment was affirmed, as Cearley's pleading that Cross Timbers controlled his work constituted a judicial admission, establishing him as a borrowed servant under the Texas Workers' Compensation Act, thereby insulating Cross Timbers from liability.

Borrowed Servant DoctrineSummary JudgmentPersonal InjuryTexas Workers' Compensation ActEmployer LiabilityControl TestJudicial AdmissionOil and Gas LeaseAppellate ReviewNegligence
References
5
Case No. 04-12-00702-CV
Regular Panel Decision
Nov 13, 2013

John Homer Coonly (Appellant/Cross-Appellee) v. Gables Residential Services, Inc., D/B/A Gables West Avenue (Appellee/Cross-Appellant)

John Homer Coonly appealed the trial court's order granting summary judgment in favor of Gables Residential Services, Inc., which resulted in Coonly taking nothing on his claims for negligence, premises liability, and violations of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA). Coonly's claims stemmed from the theft and vandalism of his motorcycles from the apartment parking garage owned by Gables. Gables filed a cross-appeal regarding the denial of attorney's fees. The appellate court affirmed the summary judgment on negligence and premises liability claims, finding the lease agreements validly waived such claims. However, the court reversed and remanded the summary judgment on Coonly's DTPA claim, concluding that the waiver language in the agreements did not meet the DTPA's statutory requirements and Coonly's affidavit raised a material issue of fact regarding Gables' representations about the access gate.

NegligencePremises LiabilityDeceptive Trade Practices ActDTPASummary JudgmentLease AgreementExculpatory ClauseWaiver of LiabilityAttorney's FeesContract Law
References
19
Case No. MISSING
Regular Panel Decision
May 17, 2004

Claim of Patterson v. Empire Blue Cross & Blue Shield

The claimant sustained physical and psychological injuries on September 11, 2001, during the evacuation of her workplace at World Trade Center Tower One in Manhattan. In March 2003, the employer moved to discontinue benefits, arguing that claimant no longer had a work-related disability. A Workers’ Compensation Law Judge (WCLJ) ordered depositions of medical experts. Claimant’s attorney failed to appear for the deposition of the employer’s orthopedic expert. Consequently, the WCLJ ruled that the claimant waived her right to cross-examine the expert and found no further work-related disability after May 12, 2003. The Workers’ Compensation Board affirmed this decision, which the claimant subsequently appealed. The Appellate Division affirmed the Board’s determination, citing substantial evidence supporting the finding of no further disability and concluding that the WCLJ did not abuse its discretion in denying an adjournment for cross-examination.

Workers' CompensationDisabilityMedical Expert TestimonyWaiver of Cross-ExaminationAdjournmentAppellate ReviewSeptember 11World Trade CenterNew York StateWorkers' Compensation Board
References
7
Case No. MISSING
Regular Panel Decision
Apr 15, 1983

American White Cross Laboratories, Inc. v. North River Insurance

Vincent Yeager, an employee of American White Cross Laboratories, Inc. (American), was injured during employment, leading to a lawsuit against a machine manufacturer, who then brought a third-party action against American for indemnification. American was covered by both a workers’ compensation policy from the State Insurance Fund and a general liability policy from North River Insurance Co. North River disclaimed liability, citing exclusions for workers’ compensation obligations and bodily injury to employees. American then initiated a fourth-party action against North River for contribution. The Supreme Court initially denied American's summary judgment motion and granted North River's cross-motion to dismiss, with leave to replead for indemnification. This court reversed, holding that North River's exclusions do not insulate it from American’s claims because the employer's liability to a third-party tort-feasor for an employee's injury arises from equitable apportionment, not directly from workers' compensation law, thus granting American's motion for summary judgment and denying North River's cross-motion.

Insurance coverage disputeGeneral liability policyWorkers' compensation exclusionContribution between tort-feasorsIndemnificationSummary judgmentFourth-party actionDole-Dow doctrineEquitable apportionmentEmployer liability
References
2
Case No. 2024 NY Slip Op 00844 [224 AD3d 1079]
Regular Panel Decision
Feb 15, 2024

Matter of Cross v. New York State Dept. of Corr. & Community Supervision

Brenda Cross, the claimant, established a workers' compensation claim for knee and ankle injuries from a 2020 work accident. The employer's carrier required her to use contracted providers for diagnostic testing. After an approved MRI for her right ankle was performed by a non-contracted provider, the carrier objected to payment. The WCLJ and Workers' Compensation Board sided with the carrier but found claimant not responsible for the bill. Cross appealed, but the Appellate Division, Third Department, dismissed the appeal, ruling that Cross lacked standing as she was not aggrieved, since she was not responsible for the medical bill and any dispute over reimbursement rates was between the provider and the carrier.

Workers' Compensation ClaimMedical Bill DisputeDiagnostic TestingContracted ProvidersStanding (Law)Aggrieved PartyAppeal DismissedWorkers' Compensation Board DecisionAppellate DivisionMedical Reimbursement
References
2
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