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

Case No. 24-0005
Regular Panel Decision
May 09, 2025

Red Bluff, LLC v. Nicole Tarpley

The Supreme Court of Texas addressed the interpretation of "actual knowledge" under Texas Rule of Civil Procedure 306a(4) regarding deadlines for post-judgment motions. Petitioner Red Bluff, LLC, argued for a deadline extension, asserting that its counsel did not have actual knowledge of a judgment until March 14, despite the clerk sending an email notice on February 8. The trial court and court of appeals denied the extension, equating receipt of the email with actual knowledge. The Supreme Court reversed, clarifying that "actual knowledge" requires subjective awareness and is distinct from constructive knowledge. Since the clerk did not provide notice by the required first-class mail, and counsel's sworn statement of lack of awareness was uncontradicted, Red Bluff was entitled to the extension. The case was remanded for consideration of Red Bluff's post-judgment motions.

Actual KnowledgeConstructive KnowledgePost-judgment MotionsDeadline ExtensionRule 306aNotice of JudgmentCivil ProcedureAppellate JurisdictionPlenary JurisdictionElectronic Notice
References
16
Case No. M2020-00964-COA-R3-CV
Regular Panel Decision
Sep 02, 2021

Guidesoft, Inc. D/B/A Knowledge Services v. State Protest Committee, State of Tennessee

Knowledge Services challenged the award of a statewide contract to Covendis, protesting the Central Procurement Office's (CPO) dismissal of its bid due to an insufficient protest bond. The CPO, and subsequently the State Protest Committee, determined that Knowledge Services failed to submit the correct bond amount, calculated as 5% of the State's estimated maximum liability of $190,000,000 under Tenn. Code Ann. § 12-3-514(d)(2). The Chancery Court for Davidson County upheld this decision, emphasizing the statute's intent to protect the State's exposure and limiting judicial review to the record. The Court of Appeals affirmed the Trial Court's judgment, concluding that the CPO correctly applied the protest bond statute and that the Trial Court did not abuse its discretion in denying additional evidence.

Bid protestGovernment contractsState procurementProtest bondStatutory interpretationAdministrative lawCommon law writ of certiorariJudicial reviewAbuse of discretionLegislative intent
References
24
Case No. ADJ6937263
Regular
Sep 09, 2014

PAUL ESCUDERO vs. CISCO SYSTEMS, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Cisco Systems' petition for reconsideration, upholding the finding that the applicant's claim was not barred by the statute of limitations. The Board adopted the WCJ's reasoning that Cisco failed to prove the applicant had actual knowledge of his workers' compensation rights. Specifically, the employer did not provide legally required notices, and the applicant's vague consultation with a civil attorney did not constitute sufficient actual knowledge to start the statute of limitations. The Board also noted that actual knowledge cannot be imputed solely by an employee's representation by counsel.

Statute of limitationsTollingActual knowledgeWorkers' compensation rightsEmployer noticeCivil attorneyImputed knowledgePetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative law judge
References
8
Case No. 2-05-453-CV
Regular Panel Decision
Jun 01, 2006

City of Arlington, Texas v. Robert Moore and National American Insurance Company

The City of Arlington appealed the trial court's denial of its plea to the jurisdiction in a case brought by Robert Moore. Moore, an electrician, sustained severe injuries from an electric shock at Vandergriff Park, a public recreational facility owned and operated by the City. He alleged the City had actual knowledge of the dangerous condition of the light pole that caused his injuries. The City asserted governmental immunity, claiming Moore failed to prove actual knowledge. The appellate court reviewed the trial court's ruling de novo, finding that Moore's pleadings and jurisdictional evidence created a genuine issue of material fact regarding the City's actual knowledge of the dangerous condition. Consequently, the appellate court affirmed the trial court's order denying the City's plea to the jurisdiction and remanded the case for further proceedings.

governmental immunityTexas Tort Claims Actpremises defectactual knowledgeinterlocutory appealplea to the jurisdictionpersonal injuryelectric shockrecreational facilitiesduty of care
References
21
Case No. MISSING
Regular Panel Decision
May 26, 1982

Cicio v. City of New York

The City of New York appealed an order that granted a sanitation employee's application for leave to serve a late notice of claim. The petitioner was severely injured in the line of duty on January 12, 1982, and his attorney served the notice of claim one day late due to inadvertence. Special Term granted the application for a late notice. The City argued that Special Term lacked discretion because the delay was inexcusable and that notice to the Sanitation Department should not be equated with actual knowledge by the City. The court affirmed the order, holding that statutory amendments to General Municipal Law § 50-e(5) are to be liberally construed and that all relevant factors, including prejudice and actual knowledge, must be considered. The court found the delay minimal, no prejudice to the City, and that the City obtained actual knowledge through an accident report. The court also admonished the City's counsel for failing to cite adverse controlling authorities in their brief.

Late Notice of ClaimGeneral Municipal LawSection 50-eDiscretion of CourtActual KnowledgePrejudice to MunicipalityProfessional ObligationsAppellate PracticeAffirmancePer Curiam
References
16
Case No. 04-22-00453-CV
Regular Panel Decision
Oct 04, 2023

City of Laredo v. Fausto Torres

The City of Laredo appealed the trial court's denial of its plea to the jurisdiction in a case brought by Fausto Torres. Torres sued the City after a light pole fell on him, claiming negligence and gross negligence. The City argued the trial court lacked jurisdiction because Torres allegedly failed to comply with notice of claim requirements, the City did not own the property, and it lacked actual knowledge of the premises defect. The Fourth Court of Appeals determined that the light pole incident did not constitute a 'special defect' and therefore applied the 'premises defect' standard, which requires proof of the City's actual knowledge of the dangerous condition. Finding no evidence that the City had actual knowledge of the light pole's dangerous condition prior to the accident, the appellate court concluded that the trial court erred in denying the City's plea to the jurisdiction. Consequently, the court reversed the trial court's order, rendered judgment granting the City's plea to the jurisdiction, and dismissed the case for lack of jurisdiction.

Plea to the jurisdictionGovernmental immunityActual knowledgePremises defectSpecial defectTexas Tort Claims ActNotice of claimWorker's compensationLamp post fallNegligence
References
21
Case No. MISSING
Regular Panel Decision
May 20, 1999

McLaughlin v. North Colonie Central School District

Petitioner, an employee injured in July 1998 while working on a construction project owned by the respondent, moved in March 1999 to serve a late notice of claim, significantly past the 90-day statutory period. The Supreme Court denied this application. On appeal, the petitioner argued that his delay should be excused due to his unawareness of the severity of his injuries and the respondent's timely knowledge of the incident. However, the Appellate Division found no supporting affidavit from the petitioner or medical evidence, thus dismissing the excuse offered by counsel. The court also rejected the argument that the general contractor's knowledge could be imputed to the respondent, citing a lack of evidence of actual timely knowledge. Consequently, the Supreme Court's denial of the motion was affirmed, as there was no viable excuse for the delay or proof of the respondent's timely actual knowledge.

Late notice of claimmunicipal liabilityconstruction site accidentactual knowledgeimputed knowledgejudicial discretionworkers' compensation claimpersonal injuryappealprocedural law
References
3
Case No. ADJ10425864, ADJ7159539
Regular
Dec 24, 2018

GHASSAN MOSRIE vs. CHURCH OF THE CHIMES, GUIDEONE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior finding that the applicant's 2008 injury claim was barred by the statute of limitations. The Board determined that imputed knowledge from the applicant's attorney does not constitute actual knowledge for tolling purposes. The employer's failure to provide statutory notice of rights, coupled with the applicant's lack of actual knowledge, prejudiced the applicant. Therefore, the Board found the applicant's claim for the November 8, 2008 injury is not barred by the statute of limitations, deferring other issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatute of LimitationsTollingClaim FormNotice of Potential EligibilityWaiverMandatory Settlement ConferenceAffirmative DefenseActual Knowledge
References
6
Case No. MISSING
Regular Panel Decision

184 West 10th Street Corp. v. Marvits

Judge McCooe's dissenting opinion argues that the tenant failed to prove the landlord had actual knowledge of her openly and notoriously harbored cats, a prerequisite for waiving a 'no pet' lease provision under Administrative Code of City of New York § 27-2009.1 (b). The dissent criticizes the majority for shifting the burden of proof, mischaracterizing an independent contractor as an agent, and not strictly applying the 'actual knowledge' requirement as established in Seward Park Hous. Corp. v Cohen. McCooe asserts that the tenant's evidence of knowledge was speculative, as her cats usually hid, and workers were not present long-term. Ultimately, the dissenting judge concludes that the trial court's determination that the landlord did not waive its right to enforce the no-pet provision should be affirmed.

Pet PolicyLease WaiverOpen and NotoriousActual KnowledgeIndependent ContractorAgency LawBurden of ProofAdministrative CodeNew York LawLandlord-Tenant Dispute
References
8
Case No. 06-01-00097-CV
Regular Panel Decision
Jun 27, 2002

Ramon Reyes v. Storage & Processors, Inc. and Leonel Guerrero

Ramon Reyes, a forklift operator, sued his employer Storage & Processors, Inc. (S&P) and co-worker Leonel Guerrero for negligence after suffering a workplace injury. S&P, a non-subscriber to the Texas Workers' Compensation Act, offered an employee benefit plan which Reyes signed, purporting to waive common-law claims. The trial court granted summary judgment for S&P and Guerrero, citing waiver, ratification, and estoppel. On appeal, the Court of Appeals for the Sixth Appellate District of Texas at Texarkana held that the benefit plan, which sought to relieve the employer of liability for its own negligence, was subject to fair notice requirements (conspicuousness and express negligence doctrine). Given S&P's concession that the plan failed the conspicuousness requirement, the agreement was unenforceable unless Reyes had actual knowledge. The appellate court found a fact issue regarding Reyes' actual knowledge, making summary judgment on waiver improper. Furthermore, the court determined that ratification or estoppel would also require Reyes to have full knowledge of his common-law rights, which the defendants failed to conclusively prove for summary judgment. Consequently, the appellate court reversed the summary judgment and remanded the case for trial.

Workplace InjuryNegligenceSummary JudgmentWaiver of ClaimsRatificationEstoppelFair Notice RequirementsConspicuousnessExpress Negligence DoctrineCommon Law Claims
References
25
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