Legal Opinion
B & S Welding LLC Work Related Injury Plan v. Juan Pedro Oliva-Barron and Avelina Oliva
Texas Court of Appeals, 5th District (Dallas)
Decided September 15, 2014No. 05-13-00394-CVPublishedCited by 3 opinions
1Opinion of the Court
OPINION
Opinion by Justice O’Neill
After concluding that appellant B & S Welding LLC Work Related Injury Plan (the Plan) wrongfully denied benefits to appellee Juan Pedro Oliva-Barron (Oliva), the trial court rendered judgment in Oli-va’s favor. The Plan appeals, alleging the trial court erred in its review of the Plan’s decision to terminate Oliva’s benefits and in its award of attorney’s fees to Oliva. We conclude the Plan’s decision to terminate Oliva’s benefits was not supported by substantial evidence. We further conclude that there was no evidence to support one of the damage awards made…
2Cases cited25 opinions
- City of Keller v. WilsonTexas Supreme Court · 2005
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Cain v. BainTexas Supreme Court · 1986
- Metropolitan Life Insurance v. GlennSupreme Court of the United States · 2008
- McGalliard v. KuhlmannTexas Supreme Court · 1986
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3Cited by3 opinions
- Alta Mesa Holdings, L.P., Alta Mesa Acquisition Sub, LLC, the Meridian Resource & Exploration LLC Change in Control Severance Plan, and the Meridian Resource & Exploration, LLC v. Steven Ives and Lloyd DelanoCourt of Appeals of Texas · 2016
- John H. Carney & Associates v. Office of the Attorney General of Texas, Texas Court of Appeals, 5th District (Dallas)2015
- S.T.N. Properties, Ltd. v. Rio Grande Valley All Tune & Lube, Inc. and Bennett Abbitt, Texas Court of Appeals, 13th District2015