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Industry Insights

Recent Case Law for Texas

  • State: Texas
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NEW! Zurich American Insurance Co. v. Debose, 01-13-00344-CV, (07/15/2014): A Texas appellate court ruled that an insurance carrier did not waive its ability to contest the compensability of a worker's degenerative knee condition after it accepted liability for an injury to her knee from a workplace fall. 

NEW! CHCA West Houston v. Shelley, 14-13-00499-CV, (07/15/2014): A Texas appellate court ruled that a secretary's negligence suit, based on her slip and fall at the hospital where she worked, was a health care liability claim subject to the pleading requirements of the Texas Medical Liability Act.

NEW! Shelby Distributions v. Reta, 08-13-00193-CV, (07/09/2014): A Texas appellate court upheld a jury's finding that an employer had discriminated against a worker by firing him the day after he reported an on-the job injury accident.

NEW! In re Lewis Casing Crews, 11-14-00137-CV, (07/10/2014): A Texas appellate court ruled that a defendant in a personal injury claim filed by an oil rig worker should have been allowed to designate the worker's employer as a responsible third party.

NEW! In re Liberty Mutual Fire Insurance Co., 04-14-00254-CV, (07/02/2014): An agreement between a permanently disabled worker and his employer's insurance carrier to bring treatment disputes in a specific district court did not eliminate the obligation of the worker to first exhaust his administrative remedies, a Texas appellate court ruled.

NEW! Allison v. Service Lloyds Insurance Co., 14-13-00214-CV, (07/01/2014): A Texas appellate court ruled that a workers' compensation insurance carrier could not take all of the proceeds from a worker's settlement with a third-party tortfeasor without paying the worker's attorney for her work in securing the settlement. 

NEW! Union Carbide Corp. v. Synatzske, 12-0617, (07/03/2014): The Texas Supreme Court ruled that the family of a worker who allegedly died of asbestosis was barred from proceeding with their wrongful death suit against his employer due to a procedural change in Texas law that took effect 11 weeks after his death.

NEW! West Texas Express v. Guerrero, 08-12-00307-CV, (06/25/2014): A Texas appellate court ruled that a truck driver's negligence claim against his employer, a nonsubscriber to the state workers' compensation system, had to be submitted to arbitration pursuant to the terms of his agreement with his employer to participate in its self-funded occupational injury benefit plan.

NEW! Bishop v. Children's Medical Center of Dallas, 05-13-00107-CV, (06/25/2014): A Texas employer who laid off a worker after she had exhausted the maximum amount of unpaid leave she could receive after a workplace injury was entitled to summary judgment on the worker's claims for retaliatory discharge, breach of contract, fraud and negligent misrepresentation, the 5th District Court of Appeals ruled.

NEW! SORM v. Christy Carty, 13-0369, (02/05/2014): The Texas Supreme Court clarified how the credit that a workers' compensation insurance carrier can take against its future obligation to pay death benefits is supposed to be determined when there are multiple beneficiaries.

Mulgrew v. Spectraseis, 14-13-00252-CV, (06/10/2014): A Texas appellate court ruled that the state's judicial system had jurisdiction over a British citizen's tort claim against his alleged Houston-based employer for a frostbite injury he sustained while working in Canada.

Davis v. American Casualty Co. of Reading Pa., 07-13-00190-CV, (06/04/2014): A carrier was entitled to summary judgment on a worker's claim that it had breached its common-law duty of good faith and fair dealing in calculating his temporary income benefits, a Texas appellate court ruled. 

City of Houston v. Proler, 12-1006, (06/06/2014): A firefighter with a psychological condition that prevents him from being able to actually fight fires does not have a "disability" under either state or federal law, the Texas Supreme Court ruled. 

Bituminous Fire & Marine Insurance Co. v. Ruel, 07-12-00507-CV, (06/04/2014): A Texas appellate court ruled that an electrician who tested positive for cocaine after suffering electrical burns was not barred from collecting workers' compensation benefits for his injuries. 

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