[email protected], Jr., Chelsie King Garza and Abraham, Watkins, Nichols, Agosto, Aziz & Stogner undertook the representation of Eluid Cesar Hinojosa, a Sergeant with the Harris County Constable’s Office, when he challenged a decision of the Texas Department of Insurance – Workers Compensation Division regarding compensability of benefits in Harris County District Court. The injured worker was victorious at trial and Harris County has now appealed the Court’s verdict with the Texas 1st Court of Appeals.
At the heart of this case is the peace officer’s duty status at the time of the motorcycle wreck. Sergeant Hinojosa was on duty at the time of his wreck, which carried with it the responsibilities of a Sergeant with the Harris County Constable’s Office. His employer now attempts to cease future compensation to its now disabled veteran employee by alleging that he was not on duty at the time of his motorcycle wreck.
Harris County raised two interrelated issues on appeal. Whether the evidence presented at trial supported Judgment in favor of Appellee and whether or not the evidence presented was factually sufficient to show that Hinojosa was in the course and scope of his employment and therefore to support such Judgment. This appeal has not yet been decided.
We are confident and hopeful for a favorable ruling from the Court of Appeals, which will be a victory for Sergeant Hinojosa and a monumental victory for all peace officers in the State of Texas. This anticipated victory will be one which Abraham, Watkins, Nichols, Agosto, Aziz & Stogner will be immensely proud of.