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

Case No. ADJ7527243
Regular
Oct 27, 2011

LEANNE FIORENTINO vs. ALLAN HANCOCK COLLEGE, WORKERS' COMPENSATION ADMINISTRATORS

This case concerns a penalty assessed against Allan Hancock College for allegedly unreasonably delaying temporary disability payments to applicant Leanne Fiorentino. The Workers' Compensation Appeals Board granted reconsideration and reversed the original finding. The Board determined that the delay was not unreasonable, as the college was incorporating the applicant's temporary disability benefits into her regular paycheck, which involved necessary calculations and adherence to payroll cut-off dates. Therefore, the penalty was denied.

Allan Hancock Collegesalary continuation planLabor Code section 5814temporary disability benefitsunreasonable delaypenaltyFindings and Awardcumulative trauma injurypsycheWorkers' Compensation Appeals Board
References
7
Case No. MISSING
Regular Panel Decision

In re the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. No. W2008-02785-COA-R3-CV
Regular Panel Decision
Mar 31, 2010

John Allen Construction, LLC v. Jerome Hancock, Sandra Hancock, and Carroll Bank and Trust

This case involves a construction dispute where the plaintiff contractor, John Allen Construction, LLC, sued defendant landowners, Jerome and Sandra Hancock, for breach of an oral contract to construct a house and to enforce a lien. The Hancocks counterclaimed for breach of contract and defective work. The trial court initially ruled in favor of the contractor, awarding a portion of the amount sought, but did not address the enforcement of the lien. This led to a previous appeal and remand for findings of fact and conclusions of law. In this second appeal, the Court of Appeals dismissed the appeal, ruling that the trial court's order, which again awarded a money judgment but failed to address the lien enforcement and interest on the judgment, was not a final judgment and therefore the appellate court lacked jurisdiction.

Construction DisputeOral ContractBreach of ContractMechanic's LienDefective WorkmanshipJurisdictionFinal JudgmentAppellate ProcedureRemandTennessee Court of Appeals
References
18
Case No. 15-25-00134-CV
Regular Panel Decision
Jul 30, 2025

Texas Association of School Boards Risk Management Fund // Southwest Texas Junior College v. Southwest Texas Junior College // Cross-Appellee, Texas Association of School Boards Risk Management Fund

This case involves an intergovernmental contract dispute between the Texas Association of School Boards Risk Management Fund (Appellant) and Southwest Texas Junior College (Appellee). The College is seeking replacement cost value benefits under a self-insurance contract for property damage allegedly sustained during an April 2021 hailstorm. The College claims a waiver of the Fund’s governmental immunity under TEX. LOC. GOV’T CODE § 271.152, asserting equitable theories of waiver and unconscionability, and intentional torts of fraud and bad faith to expand coverage beyond the express terms of the agreement. The Fund argued that its governmental immunity had not been waived for these claims and damages, emphasizing that statutory waivers are to be narrowly construed. The trial court partially granted the Fund's jurisdictional plea, dismissing claims for exemplary, consequential, or treble damages, but denied the plea regarding the College's equitable and intentional tort theories, viewing them as defensive in nature. The Fund appeals this partial denial, arguing that the Act's narrow immunity waiver does not extend to these theories which attempt to create coverage where none explicitly exists in the written contract.

Governmental ImmunityContract DisputeSelf-Insurance PoolRisk ManagementEquitable DoctrinesIntentional TortsWaiverUnconscionabilityTexas LawAppellate Review
References
14
Case No. E1999-00169-COA-R9-CV
Regular Panel Decision
Jul 27, 2000

Timothy P. Hancock v. The Chattanooga- Hamilton Cty Hospital Authority , d/b/a T.C. Thompson Children's Hospital

This medical malpractice case concerns the retrospective application of the Supreme Court's decision in Jordan v. Baptist Three Rivers Hospital, which allowed for loss of consortium damages in wrongful death cases. The plaintiffs, Timothy P. Hancock and Tina M. Hancock, sought to amend their complaint to include such damages for the death of their daughter, Breanna Hancock. The trial court dismissed the amendment, ruling that the Jordan decision could not be applied retrospectively because the cause of action accrued before Jordan was decided. The Court of Appeals affirmed the trial court's judgment, emphasizing that a change in judicial construction of a statute affecting vested rights is generally not applied retrospectively unless expressly stated. The court found that Jordan altered vested rights regarding recoverable damages, thus preventing its retrospective application to the instant case.

Medical MalpracticeWrongful DeathLoss of ConsortiumRetroactive ApplicationJudicial PrecedentStatutory ConstructionVested RightsAppellate ReviewTennessee LawNegligence Claims
References
17
Case No. 96-CV-3879, 96-CV-6310
Regular Panel Decision

Schuloff v. Queens College Foundation, Inc.

Plaintiff Anita Schuloff filed two separate lawsuits against Queens College Foundation, Inc. and Brooklyn College Foundation, Inc., which were consolidated due to identical legal issues. Schuloff alleged violations of 26 U.S.C. § 6104 for the defendants' failure to promptly provide federal tax returns for public inspection, along with claims under 42 U.S.C. § 1983 and New York Freedom of Information Law. The defendants moved to dismiss the complaints under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court granted the motions to dismiss under Rule 12(b)(6), ruling that 26 U.S.C. § 6104 does not create a private cause of action, thus precluding the related § 1983 claims. Consequently, the Court declined supplemental jurisdiction over the state law claims, dismissing both complaints in their entirety.

Private Cause of ActionTax-Exempt Organizations26 U.S.C. § 610442 U.S.C. § 1983Rule 12(b)(6)Motion to DismissFederal JurisdictionStatutory InterpretationLegislative HistorySupplemental Jurisdiction
References
28
Case No. 09-06-340 CV
Regular Panel Decision
Jul 26, 2007

Dana LeBlanc v. Lamar State College and Barbara Peveto, Individually and as Representative of Lamar State College

Dana LeBlanc sued Lamar State College and Barbara Peveto for unlawful employment practices, including disability discrimination and hostile work environment, alleging she was denied positions due to her Friedreich's ataxia. The trial court granted summary judgment for the defendants. The Court of Appeals affirmed, ruling that LeBlanc failed to prove she was qualified for the jobs or that the alleged harassment was sufficiently severe or pervasive to constitute an actionable claim.

Disability DiscriminationEmployment LawSummary JudgmentHostile Work EnvironmentTexas Labor CodeAmericans with Disabilities ActQualified IndividualReasonable AccommodationFriedreich's AtaxiaAppellate Procedure
References
22
Case No. MISSING
Regular Panel Decision

Figueroa v. Manhattanville College

The plaintiff Charles Figueroa suffered serious injuries after falling 35 to 40 feet from a ladder at Manhattanville College. He and his wife sued Manhattanville College, alleging a violation of Labor Law § 240 (1). The college subsequently initiated a third-party action against Figueroa's employer. The plaintiffs moved for partial summary judgment on liability, providing evidence of safety regulation violations and lack of safety equipment. The Supreme Court denied their motion, citing an issue of fact regarding whether Figueroa fell from the ladder or the roof. The appellate court reversed the Supreme Court's order, granting the plaintiffs' motion for partial summary judgment on liability, finding that the defendant's opposition was based on mere speculation regarding the fall's location. The case was remitted for further proceedings.

Personal InjuryLadder FallLabor LawAbsolute LiabilitySummary JudgmentAppellate ReviewWorkplace AccidentSafety RegulationsPremises LiabilityNew York Law
References
8
Case No. MISSING
Regular Panel Decision
Oct 02, 2003

Kerins v. Vassar College

This case involves an action for personal injuries sustained by the plaintiff, an employee of Swiss Electric Enterprises, Inc., at Vassar College. The plaintiff was injured when a broken glass pane in a double door slammed shut at a construction site where Kirchhoff Construction Management, Inc. was the general contractor. A jury found both Vassar College and Kirchhoff Construction Management, Inc. liable for violations of Labor Law § 200 and common-law negligence. The trial court initially set aside the verdict against Kirchhoff, but the appellate court modified this decision, reinstating the jury's verdict against Kirchhoff. The appellate court affirmed the trial court's denial of Vassar College's motion to set aside the verdict, concluding that sufficient evidence supported the jury's findings of liability against both defendants due to their actual or constructive notice of the dangerous condition.

Personal InjuryLabor Law § 200Common-Law NegligenceConstruction AccidentPremises LiabilityJury VerdictAppellate ReviewCPLR 4404(a)Directed VerdictWeight of Evidence
References
9
Case No. 04-25-00316-CV
Regular Panel Decision

Texas Association of School Boards Risk Management Fund v. Southwest Texas Junior College

This case involves an intergovernmental contract dispute between the Texas Association of School Boards Risk Management Fund (appellant) and Southwest Texas Junior College (appellee). The College seeks additional self-insurance benefits for hailstorm property damage, alleging a waiver of the Fund's governmental immunity under TEX. LOC. GOV’T CODE § 271.152. The College aims to equitably modify the contract and recover consequential damages. The Fund argues that the Act provides only a narrow immunity waiver, limited to enforcing express contract terms and excluding consequential damages or non-specified equitable relief. The trial court denied the Fund's plea to the jurisdiction and granted the College's motion for summary judgment, prompting this appeal, where the Fund seeks reversal of these orders.

Governmental ImmunityWaiver of ImmunityIntergovernmental ContractSelf-Insurance FundProperty Damage ClaimHailstorm DamageBreach of ContractEquitable ReliefConsequential DamagesStatutory Interpretation
References
40
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