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

Case No. M2012-01077-COA-R3-CV
Regular Panel Decision
Oct 09, 2013

William J. Denning v. CSX Transportation, Inc.

This appeal concerns a jury verdict in favor of William J. Denning in a Federal Employers' Liability Act (FELA) action against CSX Transportation, Inc. (CSXT). CSXT appealed the denial of its motion for judgment notwithstanding the verdict and the trial court's decision on post-judgment interest. Mr. Denning cross-appealed the exclusion of evidence regarding esophageal cancer and the accrual date of post-judgment interest. The Court of Appeals affirmed the denial of CSXT's motion and evidentiary rulings, along with the application of state law for the post-judgment interest rate. However, it reversed the trial court's determination that federal law governed the accrual date of post-judgment interest, holding that state law should apply to both the rate and accrual date in state court FELA actions.

FELALocomotive Inspection ActPost-Judgment InterestState LawFederal LawCausationExpert TestimonyCOPDDiesel Exhaust ExposureRailroad Liability
References
33
Case No. MISSING
Regular Panel Decision

Snyder v. Town Insulation, Inc.

Plaintiffs Pauline and Richard Snyder sought damages for injuries allegedly caused by ureaformaldehyde foam insulation installed in their home in 1977, claiming respiratory problems from the installation date. The central legal issue was whether their personal injury causes of action were barred by the three-year Statute of Limitations, specifically regarding whether accrual under CPLR 214 is measured from the date of injury or the date of last exposure. The plaintiffs conceded the inapplicability of CPLR 214-c's date of discovery rule. The Supreme Court and Appellate Division both ruled that the date of injury rule applies, thereby finding the claims time-barred. The Court of Appeals affirmed this decision, reinforcing that a cause of action accrues when all elements of the tort can be truthfully alleged, which in this case was around the installation date.

Statute of LimitationsAccrual DateToxic TortUreaformaldehyde Foam InsulationPersonal InjuryDate of Injury RuleDate of Last Exposure RuleCPLR 214CPLR 214-cLatent Injury
References
20
Case No. MISSING
Regular Panel Decision

Buttry v. General Signal Corp.

The plaintiffs, former employees of New York Air Brake, sued the International Union for breach of duty of fair representation and breach of the collective bargaining agreement concerning their transfer rights. The union had stated it would not pursue these rights, which the court identified as the accrual date for the cause of action (February 19, 1992). Despite subsequent arbitration involving other unions, the International Union maintained its stance. The court granted the defendant's motion for summary judgment, ruling that the plaintiffs' hybrid action was time-barred because it was filed more than six months after the accrual date. The court also rejected the plaintiffs' claim of equitable estoppel against the union.

Duty of Fair RepresentationCollective Bargaining AgreementSummary JudgmentStatute of LimitationsEquitable EstoppelTransfer RightsLabor Management RelationsUnion RepresentationAccrual of ActionHybrid Claim
References
17
Case No. 08-08-00232-CV
Regular Panel Decision
Feb 09, 2011

Region XIX Service Center v. Maria R. Banda

Maria Banda sustained a work-related left knee injury in 1992, leading to multiple surgeries and related conditions including carpal tunnel syndrome in both hands. She sought lifetime income benefits (LIBs) for total and permanent loss of use of her hands and left foot. After an initial denial by the Worker's Compensation Commission, a jury found in her favor, establishing an LIB accrual date of January 1, 2003. Region XIX Service Center appealed, challenging the sufficiency of evidence for total loss of use and the accrual date. The Court of Appeals affirmed the judgment, finding the evidence legally and factually sufficient, but reformed the interest rate on the accrued benefits.

Worker's Compensation BenefitsLifetime Income BenefitsTotal Loss of UseAccrual DateLegal Sufficiency ReviewFactual Sufficiency ReviewAppellate Court DecisionMedical Expert TestimonyCarpal Tunnel SyndromeKnee Injury
References
12
Case No. MISSING
Regular Panel Decision
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. MISSING
Regular Panel Decision

Owens-Illinois, Inc. v. Estate of Burt

This case addresses the method of calculating prejudgment interest in personal injury and wrongful death cases involving asbestos-related or other latent injuries. The Texas Supreme Court examined various accrual possibilities under Cavnar v. Quality Control Parking, ultimately ruling that interest begins six months after the defendant receives notice of the claim or the lawsuit is filed. This decision overturned the appellate court's holding that accrual should be based on the last day of asbestos exposure. The Court emphasized that this interpretation aligns with the goals of promoting prompt compensation and settlements while discouraging delays. Consequently, the court reversed the portion of the court of appeals' judgment concerning prejudgment interest for the Burt and Friley Plaintiffs, rendering judgment with specific accrual dates.

Prejudgment interestasbestos-related injurylatent injurywrongful deathpersonal injuryTexas lawaccrual dateCavnar decisionstatutory interpretationtort reform
References
13
Case No. MISSING
Regular Panel Decision
Oct 12, 1978

Claim of Falcone v. Western Electric Co.

The case involves an appeal of a Workers' Compensation Board decision that set the claimant's date of disablement as July 30, 1973. The claimant, an employee of Western Electric Company, Inc., developed chronic obstructive pulmonary disease due to polyurethane exposure, initially experiencing symptoms in 1966. While a medical report from Dr. Ehret in 1966 identified bronchial asthma, the condition was not considered disabling until July 30, 1973, when the claimant first lost work time due to respiratory issues. The Board's decision, which also discharged the Special Fund from liability under section 25-a of the Workers’ Compensation Law, was affirmed by the appellate court, finding substantial evidence to support the determination of the disablement date.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseBronchial AsthmaPolyurethane ExposureToluene Diisocyanate (TD1)Date of DisablementWorkers' Compensation LawSpecial FundsSubstantial EvidenceMedical Testimony
References
3
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