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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 01-22-00613-CV
Regular Panel Decision
Aug 13, 2024

ROC- Houston, P.A. D/B/A Reconstructive Orthopedic Center of Houston and ROC ASC, LLP v. Dushi Parameswaran, M.D.

This case involves an appeal from a breach of contract dispute concerning an employment agreement and a loan agreement. Dr. Dushi Parameswaran sued his former employer, ROC-Houston, P.A. (the P.A.), and ROC ASC, LLP (ASC), alleging breach of contract for unpaid compensation and non-payment under a loan agreement, respectively. A jury found in favor of Parameswaran on both claims. On appeal, the Court of Appeals for the First District of Texas concluded that the employment agreement was unambiguous and did not support the jury's award for Parameswaran, thus reversing that part of the judgment and rendering a take-nothing judgment against him on the employment claim. Regarding the loan agreement, the court found it unambiguous but affirmed the jury's verdict in favor of Parameswaran, concluding that the trial court's error in submitting the ambiguity to the jury was harmless as the jury's finding was consistent with the court's interpretation. The case was remanded for reassessment of attorney's fees related to the employment agreement.

Breach of ContractEmployment AgreementLoan AgreementContract InterpretationAmbiguityLegal SufficiencyJNOVAppellate ReviewCompensation DisputeAttorney's Fees
References
31
Case No. MISSING
Regular Panel Decision

Marshall v. Atlantic Container Line, GIE

The Secretary of Labor alleged that Atlantic Container Line (ACL) violated the Age Discrimination in Employment Act (ADEA) by involuntarily retiring employees at age 62, while ACL contended these retirements were exempt under ADEA § 4(f)(2). The court had previously denied summary judgment, noting factual questions regarding whether a 1974 amendment to ACL's pension plan constituted a subterfuge to evade the ADEA and if ACL relied in good faith on administrative regulations. Upon review of stipulated facts, the court found no evidence of subterfuge in ACL's plan amendment, which aimed to create promotional opportunities and harmonize retirement ages. Furthermore, ACL successfully established a good faith defense under the Portal-to-Portal Act, having relied on official administrative regulations despite conflicting advice from a Department of Labor representative. Consequently, the defendants' motion for summary judgment was granted.

Age DiscriminationEmployment ActPension PlanSubterfugeGood Faith DefenseSummary JudgmentMandatory RetirementEmployer LiabilityStatutory InterpretationDepartment of Labor
References
8
Case No. MISSING
Regular Panel Decision

Zapico v. Bucyrus-Erie Co.

This case addresses post-trial motions concerning the liability of Atlantic Container Lines (ACL), a stevedore, to Bucyrus-Erie Co., a truck-crane manufacturer and third-party plaintiff. The central issue is whether ACL enjoys immunity from contribution or indemnity claims under 33 U.S.C. § 905, following a jury finding that both Bucyrus-Erie's negligent manufacturing and ACL's incompetent employee (Antonio Fuet) equally contributed to the injury of Adolfo Millan and death of Joseph Zapico, ACL's employees. ACL argued it was immune as a compensation-paying stevedore and lacked an indemnity agreement. The court found that Bucyrus-Erie's claim was not 'on account of' the employee injury, but rather for partial indemnification based on ACL's implied warranty of workmanlike performance or a quasi-contractual theory. The court concluded that extending third-party benefits or apportioning damages based on fault would not violate statutory immunity and would be equitable, especially given manufacturers' lack of control over stevedoring functions and increasing strict liability. Therefore, ACL's motion for judgment in its favor was denied, Bucyrus-Erie Co.'s motion to amend its pleadings was granted, and Celia Zapico's motion to strike the jury's finding of contributory negligence was denied.

Stevedore LiabilityMaritime IndemnityLongshoremen's ActThird-Party ClaimsProduct Manufacturer NegligenceEmployee IncompetenceContribution LawWarranty of Workmanlike PerformanceFederal Civil ProcedurePost-Trial Litigation
References
14
Case No. ADJ7732498
Regular
Apr 20, 2016

ERIC RINGER vs. RESTORATION HARDWARE, LIBERTY MUTUAL FIRE INSURANCE COMPANY

This case concerns a dispute over the necessity of an anterior cruciate ligament (ACL) reconstruction surgery for an industrial knee injury. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's (ALJ) award of the surgery. The primary issue was the timeliness of the employer's utilization review (UR) denial of the proposed treatment. The WCAB found the UR decision invalid because it was issued outside the statutory timeframe after the request for authorization was received. Therefore, the proposed surgery was deemed authorized.

Utilization ReviewRequest For AuthorizationTimely DenialAllograft vs. AutograftACL ReconstructionLabor Code Section 4610Workers' Compensation Appeals BoardFindings And AwardReconsiderationAdministrative Director Rule 9792.9.1
References
2
Case No. 2018-04-0014
Regular Panel Decision
Oct 16, 2018

Moody, Stacy v. Cumberland Cty. Sch. Dis.

The Tennessee Court of Workers' Compensation Claims issued an Expedited Hearing Order regarding Stacy Moody's request for medical benefits for a 2015 left knee injury. Ms. Moody, an elementary school teacher, injured her knee in a basketball game and underwent ACL reconstruction with authorized physician Dr. John Turnbull. Dissatisfied with Dr. Turnbull's care and his perceived dismissive attitude, Ms. Moody sought to treat with another doctor, Dr. Jonathon Cornelius, who had recently treated her for a subsequent knee injury and offered to assume care for the 2015 injury. The Court denied Ms. Moody's request, ruling that she had not provided Cumberland County School District, her employer, an opportunity to provide further authorized treatment from Dr. Turnbull despite her dissatisfaction, therefore not justifying a compelled change of physician at this time.

Workers' CompensationKnee InjuryMedical BenefitsAuthorized PhysicianPhysician Change RequestExpedited HearingMaximum Medical ImprovementACL ReconstructionPhysical TherapyCortisone Injection
References
3
Case No. ADJ195920 (FRE 0239875) ADJ8378632
Regular
Apr 15, 2015

Darrell Coufal vs. Osmse, Ace America

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal regarding the WCJ's February 2, 2015 decision. The WCAB affirmed the original decision but amended it to allow Ms. Cheryl Jolley Smith the opportunity to reconstruct the file electronically. If electronic reconstruction is not possible, she is ordered to subpoena the records at her own expense. This order ensures the integrity and accessibility of the case file.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJ's reportreconstruct the filesubpoenaing recordsexpenseelectronic reconstructioncase fileapplicant
References
0
Case No. MISSING
Regular Panel Decision

People v. Lowe

The dissenting opinion by Justice Hancock, Jr., J. P., argues against the majority's decision to reverse a judgment without directing a reconstruction hearing concerning the defendant's competency to stand trial. The dissent contends that a successful reconstruction is likely, given the extensive contemporaneous evidence available, including testimony from multiple psychiatrists, hospital records, mental health clinic observations, and trial court personnel. Despite the passage of less than six years since the trial and the defendant's absence from court during part of the proceedings, the dissent believes these factors do not preclude a hearing. The opinion emphasizes that such a hearing would preserve the safeguards of a concurrent determination and prevent a potentially needless retrial.

Competency to Stand TrialReconstruction HearingDissenting OpinionAppellate ReviewCriminal ProcedurePsychiatric ExaminationDue ProcessEvidenceJudicial DiscretionRetrial
References
10
Case No. MISSING
Regular Panel Decision

People v. Weech

The case involves an appeal from a defendant's murder conviction where the case was remitted to Trial Term to reconstruct the defendant's competency to stand trial. Two psychiatrists, Dr. Wellington Reynolds and Dr. Odysseus Adamides, assessed the defendant's competency based on various reports and observations. Dr. Reynolds had examined the defendant prior to trial. The defendant challenged Dr. Reynolds' credentials, asserting he was not a "qualified psychiatrist" under CPL 730.10(5)(a). The court previously remitted the case for a reconstruction proceeding. This current decision remits the matter once more for an adversary inquiry into the defendant's competency, clarifying that Dr. Reynolds' testimony, even if not from a "qualified psychiatrist," is admissible, and other professionals like the social worker, nurse, defense counsel, and Trial Judge could also testify.

Competency to Stand TrialReconstruction ProceedingPsychiatric EvaluationCriminal Procedure LawAdmissibility of Expert TestimonyAppellate ReviewDue ProcessMental Health ServicesDefendant's RightsMurder Second Degree
References
7
Case No. 2018-06-2392
Regular Panel Decision
Aug 31, 2020

Lackey, Jennifer v. Marriott International

Jennifer Lackey, an employee of Marriott International (Opryland Hotel), filed a claim after a workplace fall in January 2017. Marriott accepted the initial claim but later denied treatment for a breast injury Ms. Lackey alleged was caused by the fall. Ms. Lackey, who had undergone a double mastectomy and breast reconstruction in 2016, sought an order for Marriott to provide treatment. The Court, at an expedited hearing, considered conflicting medical opinions from Dr. Stephen Davis, her reconstruction surgeon, and Dr. Malcolm Marks, a plastic surgeon. The Court sided with Dr. Davis, concluding Ms. Lackey failed to prove her current breast condition primarily arose from her employment to a reasonable degree of medical certainty. Therefore, her request for additional breast treatment was denied.

Workers' CompensationBreast InjuryWorkplace FallMedical CausationExpert Medical EvidenceExpedited HearingEmployee TestimonyMedical Opinion ConflictPre-existing ConditionImplant Shift
References
3
Case No. MISSING
Regular Panel Decision

Village of Westbury v. Department of Transportation

The Village of Westbury initiated a CPLR article 78 proceeding against the Department of Transportation (DOT) for alleged violations of the State Environmental Quality Review Act (SEQRA). The Village sought to annul a negative declaration issued by DOT for the reconstruction of an interchange and a proposed widening of the Northern State Parkway, arguing that the projects' cumulative environmental effects required an Environmental Impact Statement (EIS). The Supreme Court dismissed the petition, but the Appellate Division reversed, annulling the negative declaration and remitting the case to DOT. The Court of Appeals affirmed the Appellate Division's order, concluding that DOT erred by not considering the combined environmental effects of the interchange reconstruction and the parkway widening, as these were interdependent projects under SEQRA regulations. The Court also held that DOT must apply the more protective Department of Environmental Conservation (DEC) regulations and that the Village's proceeding was timely because DOT failed to provide proper notice of the negative declaration.

Environmental LawSEQRACPLR Article 78Negative DeclarationEnvironmental Impact StatementProject SegmentationCumulative ImpactsNotice RequirementsStatute of LimitationsHighway Construction
References
7
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