James, Terry v. Texas Workforce Commission & PTM Healthcare Services, Inc.

CourtCourt of Appeals of Texas
DecidedFebruary 19, 2013
Docket05-12-00635-CV
StatusPublished

This text of James, Terry v. Texas Workforce Commission & PTM Healthcare Services, Inc. (James, Terry v. Texas Workforce Commission & PTM Healthcare Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James, Terry v. Texas Workforce Commission & PTM Healthcare Services, Inc., (Tex. Ct. App. 2013).

Opinion

Affirmed and Opinion Filed February 19. 2013

In The Quitrt uf Apwats 3FiftI! itritt nf ixa d Iattas No. 05-12-00635-CV

TERRY JAMES, Appellant V. TEXAS WORKFORCE COMMISSION ANT) PTM HEALTHCARE SERVICES, INC.. Appellees

On Appeal from the 95th Judicial I)istrict Court Dallas County, Texas Trial Court Cause No. 11-14054

MEMORANDUM OPINION Before Justices Bridges, Lang, and Lewis Opinion by Justice Lewis Appellant Terry James appeals the trial court’s summary judgment in favor of appellees,

the Texas Workforce Commission (“TWC”) and PTM Healthcare Services, Inc. (“PTM”). In five issues, James contends the trial court erred in failing to rule on two motions for sanctio ns against appellees’ counsel, in granting the appellees’ motion for summary judgment, and in failing to grant James’s own motion for summary judgment. We conclude the dispositive issues

before us are clearly settled in law. Accordingly, we issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4. We affirm the trial court’s judgment. BACKGROUND

James worked for PTM as a home healthcare worker. PTM fired James, and he applied

for unemployment benefits; the TWC denied his claim. James appealed that decision to the

TWC’s Appeal Tribunal, The Tribunal held a hearing and found that James had been terminated

for “misconduct connected with the work,” a statutory ground for denying unemployment

benefits that is defined as “mismanagement of a position of employment” in any one of a number

of ways, including violating company policies or rules. See TEx, LABOR CODE ANN.

§ 201.012(a) (West 2006). The Tribunal found specifically that PTM employees were required

to submit timesheets on or before each scheduled payday. Following a history of late

submissions by James, and complaints by him that he was being paid late, PTM counseled him

that he was required to turn his timesheets in on time. When James untimely submitted his

timesheets for two pay periods in a row, he was fired, The Tribunal concluded:

Since the claimant was aware of the issue about when the timesheets needed to be received by the employer and when he was suppose[dj to get paid, this Appeal Tribunal finds that the claimant mismanaged a position of employment when he submitted his timesheets late, causing his pay check to be issued late. Therefore, the claimant was discharged for misconduct connected with the work. The determination dated June 9, 2011, disqualifying the claimant under Section 207.044 of the Act beginning May 29, 2011, will be affirmed.

James appealed the Tribunal’s ruling to the TWC Commission, which affirmed the Tribunal in

all respects, including adoption of the Tribunal’s findings of fact and conclusions of law.

Having exhausted his administrative remedies, James filed suit against the TWC and

PTM, seeking judicial review of the TWC’s denial of his claim for unemployment benefits. The

parties filed cross motions for summary judgment on the issue of whether there was substantial

evidence to support the denial. The trial court granted appellees’ motion. James now appeals to

this Court.

-2- SUMN1ARYjt1)GMENT IssuEs

Jamess third, fourth, and fifth issues challenge the trial court’s rulings in the summary

judgment proceedings. James contends the trial court erred by failing to grant his motion for

summary judgment—or even to rule on it—and erred by granting appellees’ motion.

Failure to Rule on James’s Motion

The trial court’s final order grants the appellees’ motion and does not specifically address

James’s motion. However, both motions in this ease addressed the same essential issue:

whether there was substantial evidence to support the TWC’s decision to deny James

unemployment benefits, By granting appellees’ motion, the trial court ruled there was

substantial evidence as a matter of law. That ruling necessarily implied that James’s motion—

which argued there was not substantial evidence—must fail. When the trial court’s ruling

granting one summary judgment motion necessarily denies another pending motion for summary

judgment on the same issue, we imply the ruling of denial. GC’I GP, LLC v. Stewart Title Guar.

Co.. 290 S.W.3d 287. 291 (Tex. App.—Houston list Dist.l 2009, no pet.). Because we imply

the trial court’s ruling of denial, we discern no error in the trial court’s failure to make a written

ruling on James’s motion for summary judgment.

Summary Judgment Rulings

We review a summary judgment motion de novo, and we ask whether the movant has

established his right to judgment as a matter of law. TEX. R. Civ. P. 166a(c): Nixon v. Mr. Prop.

Mgmt. Co., 690 S.W.2d 546, 548 (Tex. 1985). On cross-motions for summary judgment, each

party bears the burden of establishing that it is entitled to judgment as a matter of law. City of

Garland v. Dallas Morning News, 22 S.W.3d 351, 356 (Tex. 2000). When the trial court grants

one motion and denies the other, the reviewing court should determine all questions presented.

-3- Id. We uphold a sunmiary judgment on any ground supported by the evidence and pleadings.

Carr . 13 ras her. 776 S.W.2d 567. 569 (Tex. 1989).

A TWC ruling regarding benefit payments carries a presumption of validity.

Coilingv worth Gcn. Hasp. v. Ilunnicun, 98X S.W.2d 706. 708 (Tex. 1998). The party challenging

the ruling has the burden to show it was not supported by substantial evidence. Id. An

administrative decision is supported by substantial evidence if the evidence as a whole is such

that a reasonable mind could have reached the same conclusion the judge reached. Tex.

Alcoholic Beverage Co,mnn v. Cabanas, 313 S.W.3d 927, 930 (Tex. App.—DaIlas 2010, no

pet.). “Substantial evidence is more than a scintilla and less than a preponderance.’ Id. Indeed,

the evidence may actually preponderate against the decision of the TWC, but nevertheless satisfy

the substantial evidence standard. Id. Whether the TWC’s decision is supported by substantial

evidence is a question of law for the trial court. Murray v. Tex. Workftrce Jo,nm ‘n, 337 S.W.3d

522. 524 (‘fex. App.—Dallas 2011, no pet.).

In this case, although the parties agree that James was fired, they disagree as to why he

was fired. James contends he was fired in retaliation for filing a wage claim against PTM. The

TWC decision adopted PTM’s contention that James was fired for refusing to follow company

rules and policies, specifically, the company’s rule that timesheets had to be turned in on or

before payday. It was James’s burden in the trial court to show the TWC decision was not

supported by substantial evidence. See Collingsworth Gen. Hasp., 988 S.W.2d at 708. To be

entitled to summary judgment, thereft)re, James was required to negate the TWC finding that he

was fired for violating company rules about submitting timesheets. James contends in his

motion that the PTM administrator, Christina Ikhile, told James’s client that James was fired

because the company was tired of him suing it. The client (who is James’s cousin) testified to

-4- that effect at the TWC hearing.

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Related

City of Garland v. Dallas Morning News
22 S.W.3d 351 (Texas Supreme Court, 2000)
Magnuson v. Mullen
65 S.W.3d 815 (Court of Appeals of Texas, 2002)
Carr v. Brasher
776 S.W.2d 567 (Texas Supreme Court, 1989)
Nixon v. Mr. Property Management Co.
690 S.W.2d 546 (Texas Supreme Court, 1985)
Texas Alcoholic Beverage Commission v. Cabanas
313 S.W.3d 927 (Court of Appeals of Texas, 2010)
GCI GP, LLC v. Stewart Title Guaranty Co.
290 S.W.3d 287 (Court of Appeals of Texas, 2009)
Murray v. Texas Workforce Commission
337 S.W.3d 522 (Court of Appeals of Texas, 2011)

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