March 20, 2020Employment 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 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 […]
March 29, 2016Employment 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 Joslyn M. Johnson, Individually and as Executrix for the Estate of Rodney Johnson, Deceased v. City of Houston, 14-15-00176-CV (Tex. App. – […]
December 18, 2013ADA, Discrimination, Employment Law, FMLA, Retaliation, Worker's Comp Injured worker’s claims get partially revived by 4th Court of Appeals. Jose Luis Pena v. County of Starr, 04-12-00462-CV (Tex. App. – San Antonio, December 18, 2013). This is an appeal from […]
November 22, 2013Agency, Contracts, Litigation, Worker's Comp Texas Supreme Court says exhaustion of administrative remedies required in order to sue on settlement CITY OF HOUSTON v. CHRISTOPHER RHULE, 12-0721 (Tex. 2013). This is a Texas Supreme Court opinion which centers on the lack of […]
September 19, 2013Employment Law, Worker's Comp Substantial evidence exists to support unemployment benefits despite counter-evidence McCrory v. Henderson and Texas Workforce Commission, 14-12-00752-CV (Tex. App. – Houston [14th Dist.], September 19, 2013). This is an appeal […]
July 25, 2013Employment Law, Sovereign Immunity, Worker's Comp Hospital immune from Worker’s Comp retaliation claims. 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 […]
July 2, 2013Employment Law, Sovereign Immunity, TTCA, Worker's Comp Temporary Employee barred by Worker’s Compensation Act from negligence claims even though paid through staffing agency. The City of Dallas v. Frederick Salyer, 05-12-00701-CV (Tex. App. – Dallas, July 1, 2013) This is an interlocutory appeal where the […]
June 9, 2013Sovereign Immunity, Worker's Comp Tex. Supreme Court holds borrowed employee from contractor barred from negligence under Worker’s Comp. exclusivity City of Bellaire v Johnson, no. 11-0933, slip op. (Tex. June 7, 2013) This is a Texas Supreme Court case in which […]
