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Texas Department of Health v. Ruiz5/8/1997
This is an appeal from a jury finding that Appellee, Rafael Ruiz, was an employee of Appellant, Texas Department of Health, and that Appellant discriminated against Appellee in violation of the Texas Workers' Compensation Act, Anti-Retaliation Provision. The judgement of the trial court awarded Appellee the sum of $250,000, and ordered that he be reinstated to his former position. We find that the State of Texas has not waived its sovereign immunity to be sued under the Anti-Retaliation Provision, reverse the judgement of the trial court, and render judgement that Appellee take nothing.
SUMMARY OF THE EVIDENCE
Rafael Ruiz, Appellee, was hired by the Texas Department of Health (TDH) in 1969 as an x-ray technician. In 1985, Appellee and El Paso City-County Health Department (EPCCHD) entered into a contract whereby control and supervision of Appellee was transferred to EPCCHD, but TDH continued to provide him with salary and benefits. Appellee was employed with TDH and EPCCHD for eighteen and one-half years.
Appellee was also interested in boxing. He boxed as a young boy, and he coached boxers on a voluntary basis on weekends and after work.
On April 13, 1988, Appellee injured his back at work. He reported his accident to his supervisor and the requisite worker's compensation forms were completed. While he was on leave for his work related injury, he received a call from one of his former boxing pupils, David Acosta. Acosta had been offered a match that was to be televised nationally from Las Vegas, and asked Appellee to serve as his corner man. On June 24, 1988, Appellee traveled to Las Vegas to act as a corner man. The fight consisted of four three minute rounds. The fight was shown on ESPN Network where Appellee was observed climbing in and out of the ring and performing the duties of a corner man.
A few days after Appellee returned home, Appellee received a "Pre-Termination Hearing Notice." The notice scheduled a hearing for June 30, 1988. The director of EPCCHD, Dr. Nickey, fired Ruiz on July 13, 1988, by mailing him a Notice of Termination. The reasons given were for abuse of sick leave and for engaging in outside employment without prior approval, even though Appellee was previously warned on February 29, 1988 that his continued abuse of sick leave would result in disciplinary action. Appellee appealed his termination to the EPCCHD Disciplinary Review Committee. Upon the Committee's recommendation, Dr. Nickey upheld the termination. Simultaneously with his termination, TDH suspended Appellee's worker's compensation benefits because Appellee "was observed working while he was allegedly totally disabled."
Appellee filed suit against TDH for violation of the Anti-Retaliation Law (Article 8307c of the Texas Workers' Compensation Statutes) on August 10, 1990. The jury found that Appellee was an employee of TDH in 1988 and also found that TDH had discharged or discriminated against Appellee in violation of the Texas Workers' Compensation Act. The jury awarded damages totaling $200,000 and the trial court entered judgement amounting to $250,000 and ordered that TDH reinstate Appellee to his former position.
DISCUSSION
Appellant brings ten points of error challenging the judgement of the trial court. Point of Error No. One alleges the trial court erred in entering judgement against TDH in violation of the doctrine of sovereign immunity. We agree.
This is a case of first impression, this Court having found no reported cases in which an agency of the State of Texas has been held liable for violation of the Texas Workers' Compensation Act, Anti-Retaliation Provision.
The Texas D
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