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David Brenner
Contact David Brenner
Reported Appellate Decisions as Lead or Co-Counsel for a Party
- Texas Workers' Compensation Ins. Fund
v. Rodriguez, 953 S.W.2d 765 (Tex. App.- Corpus Christi 1997)
(Application of the Comfort Doctrine and Recreational Activity
Exception to coverage in a sports injury)
- Simplex Elec. Corp. v. Holcomb, 949
S.W.2d 446 (Tex. App.- Austin 1997) (Interpretation of
statutory employer bill of rights in a workers' compensation
case)
- Hernandez v. Texas Workers' Compensation
Ins. Fund, 946 S.W.2d 904 (Tex. App. - Eastland 1997)
(Jurisdictional determination in appeal of maximum medical improvement
in workers' compensation case)
- Commercial Union Ins. Co. v. Spaw-Glass
Corp., Inc., 877 S.W.2d 538 (Tex. App. - Austin 1994)
(Duty of Contractor to retain under McGregor Act)
- Lowe v. U.S. Shoe Corp., 849 S.W.2d
888 (Tex. App. - Houston 1993) (Burden of proof in equitable
bill of review proceeding)
- Gadison v. Economy Mud Products Co.,
964 S.W. 2d 652 (Tex App - Houston [14th Dist.] 1997)
(Jurisdiction of trial court in employee's discrimination suit
against employer)
- Insurance Company of the State of Pennsylvania
v. Hazel Stohlik, 995 S.W.2d 939 (Tex. App. - Fort Worth 1999)
(Application of single employer rule to computation of
average weekly wage for union employees)
- In re Yvette Ryan, 993 S.W.2d 294 (Tex.
App. - San Antonio 1999)
- Brown v. Kinney Shoe Corp., 237 F.3d556(5th
Cir. 2001) (Application of punitive damages and Batson
Challenges in race discrimination case)
- Texas Workers' Compensation Insurance
Fund v. Martinez, 30 SW3d 490 (Tex. App. - Texarkana; 2000)
(Evaluation of enforceability of Benefit Dispute Agreement
in workers' compensation proceeding)
- Texas Workers' Compensation Insurance
Fund v. Lopez, 21 S.W.3d 358 (Tex. App. San Antonio; 2000)
(Applicability of Robinson standards to causation testimony
in workers' compensation case)
- Silvey v. Ins. Co. of Pennsylvania,
Cause No. 04-01-00623-CV-4th Court of Appeals San Antonio; 2001.
(Affirmance of trial court's judgment in favor of carrier reversing
Appeals Panel Decision on impairment rating)
- McGatlin v. Hartford Ins. Co., 94 S.W.3d
311 (Tex. App - Texarkana) (Dispute relating to TWCC's
jurisdiction to entertain motion for rehearing in workers' compensation
appeal)
- Continental Casualty v. Downs, 81 S.W.3d
803 (Tex.; 2002) (Dispute relating to carrier's waiver
of right to dispute compensability)
- American Casualty Co. v. Martin, _S.W.2d_(Tex.
App. - Dallas; 2003) (Election of remedies dispute and
finding in favor of carrier on issue of employer's waiver of
reimbursement)
- Valley Forge v. Austin, _S.W._ (Tex.;
2003) (Supreme Court review of election of remedies defense
and whether it is abrogated to statute)
- Texas Workers' Compensation Commission
v. Texas Workers' Compensation Insurance Fund, _S.W.3d_ (Tex.
App. - Amarillo; 2003) (Court affirming carrier's right
to assert election of remedies between suit against employer
on workers' compensation claim)
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