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Category: Worker’s Comp

Employment Law, Worker's Comp

Texas Supreme Court holds deputies travel home from approved extra-duty work at football game was within “course and scope” of employment for worker’s compensation purposes

March 20, 2020rhenry12598Leave a comment

Mary Orozco v County of El Paso, 17-0381(Tex. March 20, 2020) This is a worker’s compensation case, but the key issue is whether the deputy who died in a vehicular accident while driving his assigned patrol car, was in the course and
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Employment Law, Worker's Comp

Recovery of workers’ compensation benefits is a legal beneficiary’s exclusive remedy against City for the death of a covered employee

March 29, 2016rhenry12598Leave a comment

Joslyn M. Johnson, Individually and as Executrix for the Estate of Rodney Johnson, Deceased v. City of Houston, 14-15-00176-CV (Tex. App. – Houston [14th Dist.] March 29, 2016) This is a wrongful death action for an officer killed in the line of
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ADA, Discrimination, Employment Law, FMLA, Retaliation, Worker's Comp

Injured worker’s claims get partially revived by 4th Court of Appeals.

December 18, 2013rhenry12598Leave a comment

  Jose Luis Pena v. County of Starr, 04-12-00462-CV (Tex. App. – San Antonio, December 18, 2013). This is an appeal from the granting of a summary judgment in an employment case involving disability, discrimination, retaliation, and FMLA claims which the 4th
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Agency, Contracts, Litigation, Worker's Comp

Texas Supreme Court says exhaustion of administrative remedies required in order to sue on settlement

November 22, 2013rhenry12598Leave a comment

CITY OF HOUSTON v. CHRISTOPHER RHULE, 12-0721 (Tex. 2013). This is a Texas Supreme Court opinion which centers on the lack of jurisdiction for failure to exhaust administrative remedies.  The underlying facts are related to a worker’s compensation claim, but the case
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Employment Law, Worker's Comp

Substantial evidence exists to support unemployment benefits despite counter-evidence

September 19, 2013rhenry12598Leave a comment

  McCrory  v. Henderson and Texas Workforce Commission, 14-12-00752-CV (Tex. App. – Houston [14th Dist.], September 19, 2013). This is an appeal from the Texas Workforce Commission’s awarding of unemployment benefits.  Henderson (a female temporary employee) quit due to the alleged sexual
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Employment Law, Sovereign Immunity, Worker's Comp

Hospital immune from Worker’s Comp retaliation claims.

July 25, 2013rhenry12598Leave a comment

  Burt v. Andrews County Hospital District d/b/a Permian Regional Medical Center, 08-11-00109-CV (Tex. App. – El Paso, July 24, 2013). This is a worker’s compensation retaliation case where the court recognized the applicability of the Texas Supreme Court’s opinion in Travis
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Employment Law, Sovereign Immunity, TTCA, Worker's Comp

Temporary Employee barred by Worker’s Compensation Act from negligence claims even though paid through staffing agency.

July 2, 2013rhenry12598Leave a comment

The City of Dallas v. Frederick Salyer, 05-12-00701-CV (Tex. App. – Dallas, July 1, 2013) This is an interlocutory appeal where the City argued Salyer was a city employee not an independent contractor and the Worker’s Compensation laws precluded her negligence action
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Sovereign Immunity, Worker's Comp

Tex. Supreme Court holds borrowed employee from contractor barred from negligence under Worker’s Comp. exclusivity

June 9, 2013rhenry12598Leave a comment

City of Bellaire v Johnson, no. 11-0933, slip op. (Tex. June 7, 2013) This is a Texas Supreme Court case in which the Court determined the definition of “employee” for purposes of the Worker’s Compensation Act bar includes “borrowed” employees from independent
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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