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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Employers' Liability Assur. Corp. v. Williams

J. H. Williams, an employee, sustained an injury in September 1924 while working for American Construction Company, an insured employer under the Texas Employers’ Liability Act. He initially received weekly compensation payments from Employers’ Liability Assurance Corporation, Limited. After payments ceased, Williams sought a lump sum award from the Industrial Accident Board, which was granted in June 1925. The assurance corporation subsequently sued in the district court of Galveston county to set aside this award. Williams cross-petitioned for total and permanent disability and a lump sum payment due to manifest hardship. A jury found Williams totally and permanently disabled, and the court sided with Williams, awarding him and his attorneys, Morris, Sewell & Morris, a lump sum of $6,032.15. The assurance corporation appealed this judgment, contesting the finding of total permanent disability and the lump sum award. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the jury's findings and noting the appellant's failure to follow legal procedures regarding a surgical operation demand.

Workers' CompensationTotal Permanent DisabilityLump Sum SettlementIndustrial Accident BoardAppellate ReviewMedical Expert TestimonyJury FindingsEmployer LiabilitySurgical InterventionManifest Hardship
References
6
Case No. ADJ2678977 (VNO 0516619) ADJ2789939 (VNO 0516618)
Regular
Jul 26, 2017

THOMAS BELLISSIMO vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AIG

This case involves two insurers, Zurich and AIG, disputing liability for a worker's cumulative trauma injury. The Arbitrator initially set the liability period as July 4, 2004, to July 3, 2005, and apportioned fault based on days worked. Both insurers sought reconsideration, with AIG challenging the date of injury and allocation method, and Zurich arguing for apportionment based on exposure arduousness. The Board affirmed the Arbitrator's pro rata allocation based on days worked, but amended the liability period to June 28, 2004, to June 28, 2005, based on the last date of injurious exposure.

Labor Code section 5500.5cumulative trauma injuryliability periodapportionmentpro ratadate of injuryLabor Code section 5412disabilityinjurious exposuresuccessive employers
References
4
Case No. ADJ7796275
Regular
Sep 01, 2015

MORTEN ANDERSEN vs. NEW ORLEANS SAINTS, Atlanta Falcons, New York Giants, Kansas City Chiefs, Minnesota Vikings

The Workers' Compensation Appeals Board (WCAB) affirmed California's subject matter jurisdiction over Morten Andersen's cumulative injury claim as a professional athlete, due to sufficient work performed in the state. However, the WCAB rescinded the prior finding that liability related back to the New Orleans Saints, Andersen's first employer. This was because Labor Code section 5500.5 mandates liability be allocated to employers during the year preceding the last date of injurious exposure, and the Saints did not employ Andersen during that period. The case was returned to the trial level to join subsequent employers and properly allocate liability under section 5500.5.

Workers' Compensation Appeals BoardSubject Matter JurisdictionIndustrial InjuryProfessional AthleteCumulative InjuryRelation Back DoctrineLabor Code Section 5500.5EmployersLiability AllocationInjurious Exposure
References
21
Case No. MISSING
Regular Panel Decision

Gallin v. Owens-Illinois, Inc.

Plaintiff moved to set aside a jury verdict in an asbestos-related wrongful death and product liability case against Owens-Illinois, Inc., the sole remaining defendant after five others had settled. The jury had allocated percentages of liability to Owens-Illinois and the settling co-defendants, Eagle-Picher and Keene Corporation. Plaintiff argued that the jury's allocation of liability to the settling defendants was unwarranted by the evidence. The court, applying a strict standard for overturning jury verdicts, reviewed the trial record and found sufficient evidence to support the jury's findings regarding exposure to the settling co-defendants' asbestos products. Consequently, the court denied the plaintiff's motion to set aside the verdict.

Asbestos ExposureWrongful Death ClaimProduct LiabilityJury Verdict ChallengePost-Trial MotionsNew York General Obligations LawComparative FaultRule 50(b)Settling DefendantsApportionment of Liability
References
10
Case No. 87 CV 0450
Regular Panel Decision
Jul 26, 1990

In Re Joint Southern & Eastern Dist. Asbestos Lit.

Plaintiff Anna Gallin moved to set aside a jury verdict in an asbestos litigation case against defendant Owens-Illinois, Inc. The motion followed a trial where the jury allocated percentages of liability among the remaining defendant and several settling co-defendants, including Eagle-Picher and Keene Corporation, for wrongful death and product liability claims. Plaintiff challenged these allocations, arguing a lack of sufficient evidence under New York law. The United States District Court for the Eastern District of New York, presided over by Judge McLaughlin, reviewed the evidence and, applying a strict standard for disturbing jury verdicts, found enough support for the jury's findings regarding the liability percentages. Consequently, the court denied the plaintiff's motion to set aside the verdict.

Asbestos LitigationJury VerdictJudgment Notwithstanding VerdictNew York General Obligations LawLiability AllocationSettling Co-defendantsWrongful Death ClaimProduct LiabilityComparative FaultEvidence Sufficiency
References
20
Case No. MISSING
Regular Panel Decision

West v. Pratt

This appeal addresses the allocation of compensatory and punitive damages between a liability insurer and an uninsured motorist carrier in Tennessee. State Farm Mutual Automobile Insurance Company, the uninsured motorist carrier for plaintiffs Glenn and Shari West, challenged Tennessee Farmers Mutual Insurance Company's, the liability insurer for defendant Horace Pratt, decision to apportion its policy limits between compensatory and punitive damages. State Farm argued this allocation improperly shifted responsibility for punitive damages to them, a result prohibited by Tennessee public policy concerning uninsured motorist coverage. The Tennessee Supreme Court reversed the lower courts' rulings, holding that a liability carrier must first satisfy compensatory damage awards to the extent of its limits before applying any funds to punitive damages, unless the policy explicitly states otherwise. This decision underscores the state's public policy against indirectly burdening uninsured motorist carriers with punitive damage obligations.

Allocation of damagesPunitive damagesCompensatory damagesUninsured motorist coverageUnderinsured motorist coverageLiability insuranceInsurance policy limitsPublic policyTennessee lawStatutory interpretation
References
7
Case No. MISSING
Regular Panel Decision

Anzaldua v. American Guarantee & Liability Insurance Co.

This worker's compensation case involves an appeal by Esther Anzaldua against American Guarantee & Liability Insurance Company, the compensation carrier. Anzaldua was injured on the job and sued after rejecting an award from the Texas Industrial Accident Board. A jury awarded her damages for partial incapacity and medical expenses, but Anzaldua appealed, alleging the medical award was insufficient, that certain medical reports were improperly admitted due to hearsay, and that a supplemental jury charge was coercive. The court affirmed the lower court's judgment, finding the jury's verdict supported by evidence, the medical reports properly admitted, and the supplemental charge not coercive.

Workers' CompensationMedical ExpensesJury VerdictEvidence AdmissibilitySupplemental Jury ChargeCoercionIncapacityAppealTexas LawInsurance
References
7
Case No. MISSING
Regular Panel Decision

Loblaw, Inc. v. Employers' Liability Assurance Corp.

Loblaw, Inc., a self-insured retail chain, sued its excess insurer, Employers’ Liability Assurance Corporation, for reimbursement under a workers’ compensation policy. The dispute centered on whether Loblaw timely notified Employers’ of an employee's escalating injury claim. Loblaw initially believed the claim would not exceed its $25,000 self-retention, delaying notice until June 1972, despite warnings from its agent and mounting costs. The Supreme Court, Erie County, initially sided with Loblaw, but the Appellate Division reversed, ruling Loblaw had an ongoing obligation to notify the insurer and was derelict by May 1969. This court affirmed the Appellate Division's dismissal of Loblaw's complaint, holding that the notice given in June 1972 was too late as a matter of law, given the claim had exceeded $21,000 by December 1970.

Insurance policy interpretationWorkers' compensationExcess insuranceNotice provisionSelf-insurerTimely noticeAppellate reviewContract constructionObjective standardSubjective judgment
References
22
Case No. MISSING
Regular Panel Decision

Electric Mutual Liability Insurance Co. v. White

Electric Mutual Liability Insurance Company appealed a worker’s compensation judgment concerning Ira Gillis White, who sustained a back injury. A jury found White totally incapacitated for three months and permanently partially incapacitated thereafter, establishing his weekly earning capacity at $150 during the partial incapacity period. Electric Mutual contended that the trial court erred in excluding evidence of White’s pre-injury wages and that the jury’s finding on earning capacity was unsupported or against the evidence. The appellate court affirmed the trial court’s decision, explaining that worker’s compensation aims to compensate for loss of earning capacity, not just actual wages, and that post-injury earnings do not conclusively prove capacity. The court found sufficient evidence to support the jury's assessment of White's diminished earning capacity, considering his pain and physical limitations despite continued employment.

Worker's CompensationIncapacityEarning CapacityBack InjuryHerniated DiscMedical EvidenceWage ExclusionJury FindingsAppellate ReviewTexas Law
References
7
Case No. MISSING
Regular Panel Decision
Jul 21, 1990

Fullenwider v. American Guarantee & Liability Insurance Co.

This is an appeal in a worker's compensation case. The plaintiff, Lucille Fullenwider, alleged she developed industrial asthma while working for Motorola, Inc., leading to total and permanent incapacity. The jury found she did not suffer an occupational injury, and the trial court rendered judgment in favor of the defendant, American Guarantee & Liability Insurance Company. The sole issue on appeal was whether the trial court erred in permitting two undisclosed expert witnesses to testify when interrogatories requesting their names were not supplemented thirty days prior to trial. The appellate court concluded that while the trial court abused its discretion in admitting the testimony without a finding of good cause, the error was harmless as the plaintiff was not prejudiced, and affirmed the trial court's judgment.

Expert Witness TestimonyDiscovery RulesGood Cause ExceptionTrial Court DiscretionAbuse of DiscretionHarmful ErrorWorker's CompensationIndustrial AsthmaOccupational InjuryUndisclosed Witnesses
References
17
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