Blanchard v. Brazos Forest Products, L.P.

The majority correctly recites the standard of review appropriate for a traditional summary judgment2 but then essentially holds that it is irrelevant because there is no real appeal from the determination of the Texas Workforce Commission (TWC), stating,

Rather than determine whether Brazos and TWC proved as a matter of law that Blanchard engaged in misconduct as defined by the labor code or whether fact issues precluded summary judgment, the trial court was required to determine whether Brazos and TWC proved as a matter of law that substantial evidence supported TWC’s decision to deny him…