Appeals

At Arnold & Placek, we pride ourselves on the ability to serve our clients, not just at the trial level, but in appellate proceedings. Our attorneys have handled oral arguments in the U.S. Fifth Circuit Court of Appeals, the Texas Supreme Court, and state appellate courts from El Paso to Dallas to Houston.

Along the way, Arnold & Placek has consistently achieved positive results for our clients. Whether appealing a matter that we handled at trial, or stepping in as appellate counsel, we can assist you in effectively prosecuting or defending any necessary appeals.

Some of our recent results include:

  • Morales v. Liberty Mutual Ins. Co., 241 S.W.3d 514 (Tex. 2007) – Arguing as amicus for a large workers’ compensation carrier, we obtained reversal of the El Paso Court of Appeals holding that a Division of Workers’ Compensation determination of employment status was not an issue of compensability and was therefore reviewable only on substantial evidence review. This decision assured a carrier’s access to de novo review of this intensely factual issue.

  • In re Texas Mutual, ___ S.W.3d ___, 2010 WL 2893300 (Tex. App.-Houston [14th Dist.] 2010) – Obtained a writ of mandamus directing the trial court to dismiss a workers’ compensation claimant’s suit for bad faith for want of jurisdiction. This case extended the developing body of case law on workers’ compensation bad faith delay claims and established the rule that the worker must demonstrate an entitlement to the benefits during his delay period to establish jurisdiction over a claim for delay of medical benefits. Pre-authorization and eventual receipt of services after the resolution of a compensablity dispute does not establish an entitlement to the benefits during the pendency of the dispute.

  • Texas Mut. Ins. Co. v. Goetz Insurors, Inc., 308 S.W.3d 485 (Tex. App.–
    Amarillo 2010, pet. denied) – Obtained reversal of trial court award of $100,000 in attorneys fees to subclaimant’s counsel on the basis that the Labor Code is the only applicable authority for shifting fees in a Workers’ Compensation dispute. A litigant may not recast its request for fees as a breach of contract claim or any other action outside the Labor Code.

We have also represented clients in appeals relating to attorney’s fees issues, ERISA claims and various commercial law issues.