Four cases to watch at the Texas Supreme Court

The Texas Supreme Court has four cases on its docket that are of interest to workers’ compensation claims people and employers. Because the Supreme Court of Texas is a court of limited jurisdiction, the filing of a case with that court does not necessarily mean that the case will be decided by that court. In fact, the court declines to hear the overwhelming majority of cases filed in the court each year.
Nevertheless, we can learn a lot about the direction that the Texas workers’ compensation system is going not only from the cases that the court accepts, but also from cases that the court declines to hear.

Dallas National Ins. Co. v. De La Cruz, (No. 13-0814)
The issue: Entitlement to LIBs
The court of appeals’ opinion.
The specific controversy: Whether the claimant offered sufficient evidence that she sustained a direct or indirect injury to her feet or ankles sufficient to entitle her to recover LIBs.
The case was filed in the Supreme Court on October 9, 2013 and has been fully briefed. (While the case has been pending at the Texas Supreme Court, the case was abated for eight months because of a liquidation and injunction order involving the carrier.)

Davis v. Texas Mutual Ins. Co., (No. 15-0019)
The issue: Course and Scope of Employment
The court of appeals’ opinion.
The specific controversy: Whether an employee was fatally injured in the course and scope of his employment while on a business trip to New York City. The employee was run over by a bicyclist while walking toward Central Park for an unknown reason. The accident occurred on the day before the employee’s business meeting was scheduled to begin.
The case was filed in the Supreme Court on January 15, 2015. The court has not requested that the carrier file a response to the petition for review.

Texas Dept. of Insurance, Division of Workers’ Compensation v. Jones, et al., (No. 15-0025)
The issue: Legality of an agreement resolving a case on judicial review.
The court of appeals’ opinion.
The specific controversy: Whether an agreement between carrier and claimant to compromise the carrier’s SIBs liability for something less than 100% of the benefit amount is consistent with the Texas Workers’ Compensation Act.
The case was filed in the Supreme Court on January 12, 2015. A petition, response and reply have been filed. The case is currently under review by the justices. No request for fully briefing has been issued. The Texas Civil Justice League has filed an amicus curiae letter with the court urging support for the Division’s arguments.

Kingsaire Inc. v. Melendez, (No. 14-0006)
The issue: Liability for retaliatory discharge under the Workers’ Compensation Act.
The court of appeals’ opinion.
The specific controversy: This case deals with the manner in which a case should be submitted to the jury when an employee alleges that he was discharged by his employer because he reported or pursued a workers’ compensation case.
The case was filed in the Supreme Court on January 3, 2014. The petition for review has been granted and the case has been scheduled for submission on oral argument before the Supreme Court of Texas on September 3, 2015.
We are monitoring each of these cases for further action by the court.