Archive for January, 2019

Arnold & Placek Prevails on Summary Judgment and Obtains Dismissal of Judicial Review Appeal in Wilson County

Written by A&P News on January 30th, 2019. Posted in Judicial Review, News

Arnold & Placek prevails on summary judgment and obtains dismissal of judicial review appeal in Wilson County.

The Honorable Judge Russell Wilson entered judgment today on Texas Mutual’s summary judgment, dismissing in its entirety a judicial review lawsuit brought by a claimant. The lawsuit originated with a claimant that alleged he slipped and fell at work, hitting his head and purportedly causing multiple injuries. Texas Mutual disputed the claim in part on the grounds that the alleged accident never occurred. At the Division of Workers’ Compensation, the hearing officer agreed with Texas Mutual and found that claimant did not suffer an accident causing the injuries he alleged. The claimant appealed the decision to district court in Wilson County. After extensive discovery, Texas Mutual moved for summary judgment on the grounds that the claimant could not establish that the accident ever occurred and, even if he did, that any injuries occurred. After conducting a hearing and considering argument of counsel, Judge Wilson agreed and granted Texas Mutual’s summary judgment, dismissing the claimant’s judicial review appeal and all his claims. The dismissal has been appealed and Arnold & Placek is currently handling the appeal on behalf of Texas Mutual.

Arnold & Placek Of Counsel Attorney, Kyle Jones, represented Texas Mutual in the district court litigation and obtained the summary judgment.

Kyle M. Jones