Posts Tagged ‘appeals’

Arnold & Placek Wins Death Benefits Case on Summary Judgment, Appeal

Written by A&P News on November 7th, 2017. Posted in Appeals, Judicial Review, News

After the foreman for a San Angelo electrical contractor was killed in an auto accident on his way to work, his widow sought workers’ compensation death benefits from Texas Mutual Insurance Company. Texas Mutual disputed the claim and prevailed at the Division of Workers’ Compensation. His widow appealed the decision to the District Court of Sutton County where Texas Mutual was represented by Arnold & Placek, P.C. After discovery was completed, Matthew Foerster successfully obtained a summary judgment (and defeated the widow’s cross-motion) determining that the foreman was not in the course and scope of his employment at the time of the accident. The widow then appealed again to the San Antonio Court of Appeals. On November 1, 2017, the San Antonio Court of Appeals issued a memorandum opinion affirming the summary judgment in favor of Texas Mutual. Throughout the judicial review and appellate process, Texas Mutual was represented by Scott Placek and Matthew Foerster.

Texas Supreme Court Upholds Eastland Mandamus

Written by A&P News on April 13th, 2012. Posted in Appeals, Judicial Review

The Texas Supreme Court today denied the Motion for Rehearing of Amerimex Drilling I, Ltd. in its request for mandamus review of the Eastland Court of Appeals decision in In re Texas Mutual Ins. Co.. In 2010, the Eastland Court of Appeals granted the petition for writ of mandamus filed by Arnold & Placek on behalf of Texas Mutual, holding that employers do not have a general right of standing to intervene in judicial review suits by their employees. The Eastland Court held that standing in a workers’ compensation suit must have a statutory basis. Accordingly, the Eastland court instructed the trial judge to dismiss Amerimex’s petition in intervention.

Amerimex then filed a petition for writ of mandamus asking the Supreme Court to reinstate their suit. The Supreme Court denied the petition on September 30, 2011, and denied the motion for rehearing today. Texas Mutual was represented by Scott Placek and Scott Arnold of Arnold & Placek, and by the firm of Graves, Dougherty, Hearon and Moody.