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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

What Happened in Felix vs. Weber Metals Reconsideration?

Lewis Family Farm, Inc. (LFF), an organic farm, initiated construction of three single-family dwellings for employees within a resource management area of the Adirondack Park without a permit. The Adirondack Park Agency (Agency) issued a cease and desist order and sought enforcement, arguing these were 'single family dwellings' requiring permits, not exempt 'agricultural use structures'. LFF challenged the Agency's jurisdiction and interpretation, asserting that dwellings associated with agricultural use should be considered 'agricultural use structures'. The court annulled the Agency's determination, concluding that single-family dwellings 'directly and customarily associated with agricultural use' can qualify as 'agricultural use structures' under the APA Act, thereby dismissing the Agency's enforcement action.

Adirondack Park Agency ActAgricultural Use StructuresSingle Family DwellingsResource Management AreasPermit RequirementsStatutory InterpretationSubdivision of LandFarm Worker HousingArticle 78 ProceedingAdministrative Determination
References
54
Case No. 03-02-00462-CV
Regular Panel Decision
Feb 06, 2003

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

In this interlocutory appeal, the Texas Municipal Power Agency challenged a Public Utility Commission (PUC) order concerning the allocation of electricity transmission costs to the City of Bryan. Municipal Power Agency filed both an APA appeal and a Uniform Declaratory Judgment Act (UDJA) claim, the latter of which was dismissed by the district court on grounds of sovereign immunity and duplication of remedies. The Court of Appeals reversed this dismissal, ruling that the UDJA waives sovereign immunity when interpreting an agency's general statutory authority, even if a parallel APA appeal addressing specific agency actions is ongoing. The court emphasized that the UDJA action sought a broader declaration of the Commission's fundamental authority, distinguishing it from merely challenging a particular agency order. Therefore, the case was remanded for further proceedings on the declaratory judgment claim.

Sovereign ImmunityDeclaratory Judgment Act (UDJA)Administrative Procedure Act (APA)Subject Matter JurisdictionInterlocutory AppealPublic Utility CommissionElectricity Transmission RatesStatutory InterpretationAgency AuthorityDuplicate Remedies
References
35
Case No. MISSING
Regular Panel Decision
Feb 01, 2001

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Jose Silva, an employee of Mar Jea Equipment, Inc., was allegedly injured during construction work on property owned by the Incorporated Village of Hempstead Community Development Agency. Silva sued the Agency for personal injuries. The Agency, in turn, initiated a third-party action against Mar Jea for indemnification. Mar Jea moved to dismiss this third-party complaint, arguing that the Agency's claim for common-law indemnification was barred by Workers’ Compensation Law § 11. Although the Agency contended it had a claim for contractual indemnification, the subcontract between Mar Jea and the general contractor required written consent from the Agency, which was never obtained. Consequently, the Supreme Court granted Mar Jea's motion to dismiss, a decision that was subsequently affirmed on appeal.

Personal InjuryConstruction AccidentThird-Party ActionIndemnificationContractual IndemnificationCommon-Law IndemnificationSubcontractCondition PrecedentWorkers' Compensation LawSummary Judgment
References
2
Case No. CV 93-1443 ADS
Regular Panel Decision
May 15, 2000

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case addresses cross-motions for reconsideration regarding a prior court order compelling defendants to return $497,736 to L.I. Head Start. The defendants' motion, citing concerns about the financial stability of the Community Action Agencies Insurance Group (CAAIG) Fund if the transfer occurred, was denied, as the court found their evidence outdated and irrelevant to the appropriate assessment date of withdrawal in 1992. Conversely, the plaintiffs' motion for prejudgment interest on the owed sum was granted, with the court ordering the defendants to pay the principal amount plus interest accrued from September 1, 1992. Additionally, the court awarded attorneys' fees to the plaintiffs, finding evidence of bad faith on the part of the defendants and noting the deterrent effect such an award would have on other fund trustees. However, the plaintiffs' request for computer legal research costs was denied as not being a separately taxable expense.

ERISAPension PlanHealth Benefit FundMotion for ReconsiderationPrejudgment InterestAttorneys' FeesFund DepletionFinancial StabilityBad FaithFederal Rules of Civil Procedure
References
36
Case No. MISSING
Regular Panel Decision
Aug 04, 1994

Can a WCJ Be Disqualified for Appearance of Bias?

An employee of Par Par Contracting was injured and sued the New York City Industrial Development Agency (IDA). IDA, insured by National Casualty, then filed a third-party action against Par Par for contribution and indemnification, relying on Par Par's State Insurance Fund coverage. The Supreme Court denied Par Par’s motion for summary judgment. However, the appellate court unanimously reversed this decision, dismissing the third-party action related to National Casualty’s insurance coverage. The dismissal was based on the antisubrogation rule, which prohibits an insurer from pursuing a subrogated action against its own insured for claims covered under the original policy, even if separate insurance policies for common law indemnity exist.

antisubrogation ruleinsurance disputethird-party liabilitysummary judgment motionWorkers' Compensationemployer liabilitycontractual indemnificationcommon law indemnificationappellate reversalNew York law
References
6
Case No. 22055
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

Texas Municipal Power Agency (Municipal Power) challenged a trial court's dismissal of its declaratory judgment action, which was filed alongside an Administrative Procedure Act (APA) appeal. The core issue was whether Municipal Power could simultaneously pursue a declaratory judgment action under the Uniform Declaratory Judgment Act (UDJA) to interpret the general statutory authority of the Public Utility Commission (the Commission) under the Public Utility Regulatory Act (PURA), independently of an APA appeal challenging a specific agency order. The court ruled that the UDJA waives sovereign immunity for claims seeking statutory interpretation against the state. It further determined that a UDJA action aiming to define an agency's general statutory authority is distinct from, and not duplicated by, an APA appeal focusing on the validity of a specific agency action. Consequently, the court reversed the trial court's order granting the pleas to the jurisdiction and remanded the case for further proceedings.

Administrative LawPublic Utility CommissionSovereign ImmunityDeclaratory Judgment ActAPAStatutory InterpretationJurisdictionWholesale ElectricityTransmission CostsMunicipal Utilities
References
20
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

Hartford Casualty Insurance Company appealed a summary judgment granted in favor of Walker County Agency, Inc. Hartford had filed a cross-action for contribution, indemnity, fraud, and breach of fiduciary duty against Walker County after settling claims with Roy Dean Jackson. Jackson, an employee of a subcontractor to an insured of Hartford, was injured and initiated several lawsuits, including workers' compensation and breach of good faith and fair dealing claims against Hartford. Hartford alleged that Walker County, its agent, improperly provided an insurance binder. The appellate court affirmed the denial of Hartford's claims for contribution and indemnity related to the bad faith settlement. However, it reversed and remanded the summary judgment on Hartford's claims for breach of contract, breach of fiduciary duty, negligence, misrepresentation, and common law indemnity regarding the workers' compensation settlement, finding that Walker County failed to negate these causes of action.

Insurance Agent LiabilityBreach of Agency AgreementWorkers' Compensation InsuranceFiduciary Duty BreachSummary Judgment AppealContribution and IndemnityDeceptive Trade Practices Act (DTPA)Contractual ObligationPrincipal-Agent RelationshipNegligence of Agent
References
22
Case No. 03-02-00462-CV
Regular Panel Decision
Feb 06, 2003

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Texas Municipal Power Agency (Municipal Power) challenged an order by the Public Utility Commission (Commission) concerning the allocation of electricity transmission costs to the City of Bryan. Municipal Power filed an Administrative Procedure Act (APA) appeal and later amended its petition to include a declaratory judgment action under the Uniform Declaratory Judgment Act (UDJA), seeking a declaration on the scope of the Commission's statutory authority under the Public Utility Regulatory Act (PURA). The trial court granted pleas to the jurisdiction, dismissing the UDJA action on grounds of sovereign immunity and duplication of remedies available in the APA appeal. The Court of Appeals reversed, holding that the UDJA waives sovereign immunity for claims seeking an interpretation of an agency's general statutory authority and that the UDJA action was distinct from and broader than the APA appeal, which only addressed specific agency orders.

Administrative LawDeclaratory Judgment ActAdministrative Procedure ActSovereign ImmunityJurisdictionPublic Utility CommissionElectricity Transmission CostsStatutory InterpretationInterlocutory AppealAppellate Procedure
References
44
Case No. 03-15-00528-CV
Regular Panel Decision
Sep 03, 2015

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The Texas Education Agency (TEA) and Commissioner Michael Williams, acting as appellants, sought to revoke the charter of appellee Academy of Careers and Technologies Charter School (ACT) following three consecutive years of unacceptable financial and academic accountability ratings. ACT challenged this action, alleging violations of its substantive and procedural due process rights, an unconstitutional taking of its property, and ultra vires actions by the Commissioner. The district court denied TEA's plea to the jurisdiction and granted ACT's motion for a temporary injunction, allowing ACT to remain open pending a full trial on the merits, citing significant constitutional questions.

Education LawCharter SchoolTexasDue ProcessProperty RightsInjunctionSovereign ImmunityAccountability RatingsUltra ViresAdministrative Law
References
68
Case No. Action No. 1
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Maureen Felicciardi was injured after slipping and falling on a negligently waxed floor in a federal building. She commenced two actions for damages, Action No. 1 in Suffolk County and Action No. 2 in New York County, naming Nelson Maintenance Services, Inc. as a defendant. Nelson moved for summary judgment in Action No. 1 due to the plaintiffs' failure to comply with a conditional order of preclusion. The Supreme Court denied Nelson's motion and excused the plaintiffs' default. On appeal, the order denying summary judgment was reversed. The appellate court found that the Supreme Court improvidently exercised its discretion in excusing the plaintiffs' lengthy and inadequately explained delay in complying with the discovery order, especially given the potential prejudice to Nelson in proving negligence years after the incident. Consequently, the complaint in Action No. 1 was dismissed against Nelson.

Personal InjurySlip and FallSummary JudgmentDiscovery SanctionsOrder of PreclusionExcusable DefaultLaw Office FailureAppellate ReviewSuffolk CountyNegligence
References
5
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