Call or email us anytime
(805) 484-0333
Search Guide
Today is Thursday, March 28, 2024 -

Industry Insights

Texas Case Law Update

  • State: Texas
  • -  0 shares

NEW! Tran v. Broadway Family Dental Care, 14-14-00318-CV, (05/14/2015): A dental office employee's premises liability suit against her employer for her slip-and-fall on a wet floor was not a health care liability claim governed by the Texas Medical Liability Act, the 14th Court of Appeals ruled.

NEW! Texas Mutual Insurance Co. v. Vasquez, 04-14-00295-CV, (05/13/2015): A trial judge could not compel a carrier to resume its payment of income benefits to an injured worker – nor sanction it for having acted in bad faith – when the Division of Workers’ Compensation had never found such benefits were owing, a Texas appellate court ruled.

NEW! Abutahoun v. Dow Chemical, 13-0175, (05/08/2015): In a case of first impression, the Texas Supreme Court unanimously ruled that a property owner cannot be held civilly liable for mesothelioma contracted by a pipeline insulation worker from asbestos exposure while he was working as an independent contractor at a chemical plant in Freeport.

Insurance Co. of the State of Pennsylvania v. Hughes, 10-12-00414-CV, (04/16/2015): A Texas appellate court rejected an insurance carrier's challenge to a jury's finding that a worker had given her employer timely notice of her occupational disease and that she was entitled to benefits.

Rodas v. La Madeleine of Texas, 05-14-00054-CV, (04/10/2015): An injured worker who submitted her personal injury claims against her nonsubscriber employer to arbitration should have been allowed to conduct discovery into the potential partiality of the arbitrator once she learned the arbitrator had failed to disclose his involvement with concurrent mediations involving her employer's attorneys.

Hassan v. Rock, 03-13-00536-CV, (04/10/2015): A Texas appellate court ruled that a day laborer's recovery on his negligence claim against the person who had hired him to help clear brush was properly reduced to account for his proportionate responsibility for his injuries.

University of Texas System v. Thomas, 01-14-00244-CV, (03/26/2015): A Texas appellate court ruled that an employer's failure to comply with the procedural rules for securing judicial review of an unfavorable decision by the Division of Workers' Compensation rendered the trial court's decision void, and thereby divested the appellate court of jurisdiction.

Bubnis v. Leander Independent School District, 03-13-00196-CV, (03/25/2015): A Texas appellate court ruled that a school district worker had no impairment from her exposure to chemical fumes in a science classroom, and that her later diagnoses of anxiety and depression were not compensable components of her injury.

McWatt v. Mattax, 03-13-00332-CV, (03/18/2015): A Texas appellate court upheld an administrative order sanctioning a doctor $15,000 and compelling him to attend a training session on the duties of physicians participating in the workers' comp system after an audit established that he had repeatedly failed to comply with the reporting and recordkeeping rules for "designated doctors."

Saiz v. Susser Holdings Corp., 04-14-00487-CV, (03/11/2015): A Texas appellate court upheld an arbitrator's decision that a worker's claims against her nonsubscribing employer were time-barred because she had failed to demand arbitration of them before the expiration of the statute of limitations for them.

No Comments

Log in to post a comment

Close


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.

Advertisements

Upcoming Events

  • May 13-15, 2024

    NCCI's Annual Insights Symposi

    Join us May 13–15, 2024, for NCCI's Annual Insights Symposium (AIS) 2024, the industry’s premier e …

  • Jul 29 – Aug 2, 2024

    76th Annual SAWCA Convention

    SAVE THE DATE! 76th Annual SAWCA Convention July 29 – August 2, 2024 Hotel Effie Sandestin 1 Grand …

  • Aug 14-17, 2024

    CSIMS 2024 Annual Dual Track C

    California Society of Industrial Medicine and Surgery (CSIMS) is combining its two conferences, PI …

Workers' Compensation Events

Social Media Links


WorkCompCentral
c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333