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

Case No. MISSING
Regular Panel Decision

Union Pump Co. v. Allbritton

Justice Cornyn's concurring opinion in 'Allbritton's Claim' highlights the historical development of causation in American and Texas jurisprudence, criticizing the Court's opinion for conflating foreseeability and cause-in-fact. He advocates for a bifurcated causal analysis, distinguishing between cause-in-fact (using 'but for' and 'substantial factor' tests as factual inquiries) and legal/proximate cause (incorporating foreseeability and policy-based limitations on liability). Applying this framework to Sue Allbritton's injury, Justice Cornyn argues that while the defective pump was a cause-in-fact, neither Union Pump's negligence nor the defective pump was a legal cause or producing cause of her injury. This is because her injury was not foreseeable and did not occur in a natural and continuous sequence from the defect, but rather resulted from a dangerous shortcut taken after the crisis had subsided, placing her outside the scope of products liability protection. Consequently, he concurs in the Court's judgment, which effectively denies Allbritton's claim, but for the distinct reasons outlined in his analysis.

CausationNegligenceProducts LiabilityForeseeabilityCause-in-FactProducing CauseSubstantial FactorTexas Supreme CourtLegal RealismTort Law
References
37
Case No. MISSING
Regular Panel Decision
Oct 25, 2010

Viti v. Guardian Life Insurance Co. of America

Joseph Viti, suffering from post-traumatic stress due to 9/11, sued The Guardian Life Insurance Company of America under ERISA after his disability benefits claim was denied. Guardian denied the claim and Viti failed to appeal within the six-month administrative period. Viti also applied for and received Social Security disability benefits. The court granted Guardian's motion to dismiss the Third and Fourth Causes of Action, which concerned failure to provide documentation, concluding Guardian was not the proper defendant for those claims. The court denied without prejudice both parties' motions regarding the First and Second Causes of Action, which focused on the timeliness of Viti's lawsuit and the applicability of equitable tolling to contractual limitation periods, referring this matter to Magistrate Judge Dolinger for a hearing on equitable tolling.

ERISADisability BenefitsEquitable TollingStatute of LimitationsMental ImpairmentAdministrative RemediesContractual LimitationsSummary JudgmentMotion to DismissFiduciary Duty
References
41
Case No. 12-02-00174-CV
Regular Panel Decision
May 28, 2004

Jayanti Patel v. City of Everman, Tom Killebrew, and Metro Code Analysis, L.L.P.

Jayanti Patel appealed the trial court's summary judgment in favor of the City of Everman and Tom Killebrew d/b/a Metro Code Analysis. Patel had sued the City and Killebrew for an unlawful taking of his properties without just compensation, procedural due process violations, trespass, and conversion, stemming from the demolition of his apartment buildings due to alleged code violations. The appellate court affirmed the summary judgment regarding Patel's consent to the demolition of fifteen properties, his due process claim, and his trespass and conversion claims due to res judicata. However, the court reversed and remanded the summary judgment on Patel's takings claim concerning four specific properties (403 Lee Street, 410 Race Street, 405 King Street, and 403 King Street) where the defense of consent was not applicable and a fact issue existed regarding nuisance.

Property DemolitionInverse CondemnationSummary JudgmentTexas ConstitutionDue Process ClaimTrespass ClaimConversion ClaimRes JudicataNuisance DefenseAppellate Review
References
53
Case No. MON 0342844
Regular
Aug 20, 2007

DANNY HOPKINS vs. MCMAHAN'S FURNITURE STORES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied a psychiatric injury claim. The Board found the original judge did not properly apply the *Rolda v. Pitney Bowes* analysis to determine if a lawful personnel action was the substantial cause of the injury. The case is returned to the trial level for further analysis under *Rolda* and to allow for further development of the medical record, specifically regarding whether personnel actions were a substantial cause of the alleged injury.

Workers' Compensation Appeals BoardPsychiatric injuryLawful personnel actionRolda v. Pitney BowesInc.Labor Code section 3208.3Good faithNon-discriminatoryDemotionPredominant cause
References
3
Case No. MISSING
Regular Panel Decision

Prendeville v. United States

This case involves a plaintiff suing the United States of America under the Federal Tort Claims Act (FTCA) for injuries sustained by John Prendeville at a VA Hospital, leading to paralysis. The defendants moved to dismiss the first cause of action, arguing that the plaintiff's complaint was untimely under the FTCA's two-year statute of limitations, claiming the cause of action accrued shortly after Prendeville's injury in September 1981. The court examined the accrual of a claim under the FTCA, which requires the plaintiff to discover both the injury and its cause. The court denied the defendants' motion for summary judgment, concluding that there was a factual dispute regarding when the plaintiff or Prendeville's family became aware of the alleged cause of the injury, potentially due to misleading statements from medical personnel.

Federal Tort Claims ActStatute of LimitationsMedical MalpracticeAccrual of ClaimSummary Judgment MotionSpinal Cord InjuryVA Hospital NegligenceWrongful Death ClaimIntubation ComplicationsDiscovery Rule
References
5
Case No. 14-00-00173-CV; 14-00-00580-CV (Consolidated)
Regular Panel Decision
Nov 21, 2002

Nabors Industries, Inc., Nabors Drilling USA, Inc., Nabors Loffland Drilling Co., Nabors Energy Services, Inc. v. Chesapeake Operating Inc. and Chesapeake Energy Corporation

This case consolidates two appeals arising from personal injury claims at a Louisiana drilling site, focusing on the enforceability of oilfield indemnity provisions. The Fourteenth Court of Appeals, sitting en banc, withdrew a previous opinion and reviewed whether Texas or Louisiana law should apply to these contract clauses. The majority applied Texas law, affirming one trial court's judgment and reversing and remanding another, citing principles of contractual freedom and the domicile of the parties. Dissenting opinions contended that Louisiana law should govern due to the location of the accidents and Louisiana's strong public policy, advocating for a geographical-based analysis to ensure predictability and prevent forum shopping.

Oilfield IndemnityChoice of LawConflict of LawsRestatement (Second) of Conflict of LawsTexas Civil Practice and Remedies CodeLouisiana Revised StatutesContractual FreedomEn Banc ReviewPersonal InjuryDrilling Contracts
References
51
Case No. MISSING
Regular Panel Decision
Jan 22, 1990

Giles v. State Division of Human Rights

Respondent Universal Instruments Corporation laid off approximately 1,000 employees due to a drastic reduction in customer orders. Four female employees (petitioners) who were laid off in August 1985 filed discrimination complaints with the State Division of Human Rights, alleging sex and/or age discrimination. The Division conducted investigations and found no probable cause. Petitioners then sought judicial review, and the Supreme Court annulled the Division's determinations, remitting the matters for further proceedings. This appellate court reversed the Supreme Court's judgments, finding that the appropriate standard of review for the Division's no probable cause determinations was whether they were arbitrary and capricious or lacked a rational basis. Applying this standard, the court concluded that the Division rationally found an insufficient factual basis for unlawful discrimination, as the layoffs were due to economic necessity and the need to retain qualified workers, and the investigative process was fair. Therefore, the Division's no probable cause determinations were improperly annulled.

Employment DiscriminationSex DiscriminationAge DiscriminationLayoffsEconomic ReasonsProbable CauseJudicial ReviewArbitrary and Capricious StandardRational Basis ReviewAdministrative Determinations
References
4
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Leake

Appellee H. B. Leake sued appellant Texas Employers’ Insurance Association to overturn an Industrial Accident Board award and seek compensation for a 1935 back injury. Leake filed his claim nine years later, alleging "good cause" due to initial belief of trivial injury and doctors misdiagnosing his condition as rheumatism, a claim supported by a jury verdict. However, the appellate court reversed the judgment, ruling that Leake’s testimony, even when viewed favorably, failed to establish "good cause" for the extensive delay. The court highlighted that Leake knew of his injury from the start, suffered continuous pain, and notably withheld injury details from his consulted physicians. Furthermore, a two-year period following a varicose vein operation lacked any documented "good cause" for continued delay in filing, solidifying the court's decision to render judgment for the appellant.

Delayed Claim FilingGood Cause ExceptionStatute of LimitationsWorkman's CompensationBack InjuryMedical MisdiagnosisPermanent Total IncapacityAppellate ReviewReversed and RenderedIndustrial Accident Board
References
14
Case No. ADJ7382041
Regular
May 11, 2012

Donna Larson vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, SCIF STATE EMPLOYEES ROHNERT PARK, Adjusting Agency

The Workers' Compensation Appeals Board granted reconsideration to clarify the Administrative Law Judge's (ALJ) findings on applicant Donna Larson's psychiatric injury. The ALJ found Larson sustained cumulative trauma injury to her circulatory system and psyche, with ongoing temporary disability. Defendant argued the psychiatric injury finding was unsubstantiated, particularly regarding whether actual employment events were the predominant cause and if lawful personnel actions were a substantial cause. The Board found the ALJ's analysis under Labor Code section 3208.3 and the *Rolda* case lacked sufficient clarity regarding the predominant cause of the psychiatric injury and the impact of lawful personnel actions, including the applicant's termination. Therefore, the case was remanded to the trial level for further proceedings and a new decision to clarify these critical legal standards.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCumulative TraumaHypertensionPsycheTemporary DisabilityPredominantly CausedActual Events of EmploymentGood Faith Personnel Actions
References
4
Case No. MISSING
Regular Panel Decision

Seong Sil Kim v. New York City Transit Authority

This dissenting opinion by Judge Gonzalez argues against the majority's decision to dismiss the complaint, asserting that a rational jury could have found the New York City Transit Authority (TA) negligent and a proximate cause of Seong Sil Kim's injuries. Judge Gonzalez contends that the train operator's testimony, combined with the plaintiffs' expert analysis, provided sufficient evidence that the operator failed to adhere to safety procedures, specifically by exceeding the speed limit after a warning of a person on the tracks. The dissent also supports the Supreme Court's rejection of the TA's proximate cause arguments, stating that the jury had enough evidence to conclude the train struck the plaintiff and that her actions were not the sole proximate cause. However, Judge Gonzalez finds the jury's apportionment of fault (70% to TA, 30% to plaintiff) to be against the weight of evidence, suggesting a reapportionment of 70% to the plaintiff and 30% to the TA, unless plaintiffs stipulate otherwise, due to overwhelming evidence of the plaintiff's suicide attempt. The dissent finally rejects the TA's argument regarding the Noseworthy charge.

NegligenceProximate CauseJury VerdictDamagesPain and SufferingApportionment of FaultTrain AccidentSubway AccidentSuicide AttemptPostpartum Depression
References
8
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