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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
Feb 05, 1980

In re the Claim of Ross v. Standard Milling Co.

This case concerns an appeal from a Workers’ Compensation Board decision, filed on February 5, 1980, which approved a $50 attorney’s fee as a lien upon an award made to the claimant. The claimant had sustained a back injury in March 1978 and received compensation payments from the carrier. After retaining an attorney, a hearing in May 1979 established accident, notice, and causal relationship, formalizing the award already paid by the carrier. The carrier contested the attorney's fee as a lien, arguing the claimant had already received the full award. The Board affirmed the lien, citing relevant case law and Section 24 of the Workers’ Compensation Law. The court ultimately affirmed the Board's decision, with costs to the Workers’ Compensation Board.

Workers' CompensationAttorney's FeesLienAwardAffirmed DecisionStatutory InterpretationNew York LawBoard DecisionInsurance CarrierLegal Services
References
3
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. 13-10-00016-CV, 13-10-00023-CV, 13-10-00059-CV
Regular Panel Decision

Cascos v. Cameron County Attorney

This case consolidates three interlocutory appeals primarily involving a dispute between the Cameron County Commissioners Court and the Cameron County Attorney. Appellants, comprising county officials and attorneys, challenged trial court orders that granted a temporary restraining order and a temporary injunction against them, favoring the County Attorney, and denied their plea to the jurisdiction. The appellate court conditionally granted the appellants' petition for writ of mandamus, ensuring their right to supersede the temporary injunction during appeal. While dismissing an appeal regarding the temporary restraining orders as moot, the court ultimately dissolved the temporary injunction and reversed the trial court's judgment. The court concluded that the Commissioners Court possesses implied powers to manage county business and employ legal counsel, and the County Attorney does not hold an exclusive right to represent the county in all civil matters, thereby finding the trial court abused its discretion in issuing the injunction.

Interlocutory AppealMandamusTemporary InjunctionGovernmental Entity DisputeCounty Attorney DutiesCommissioners Court AuthorityDeclaratory JudgmentStatutory InterpretationRes JudicataMootness Doctrine
References
106
Case No. 03-12-00309-CV
Regular Panel Decision
Aug 08, 2013

Larry F. York// Texas Guaranteed Student Loan Corporation and Greg Abbott, Attorney General for the State of Texas v. Texas Guaranteed Student Loan Corporation And Greg Abbott, Attorney General for the State of Texas// Cross- Larry F. York

This case involves Larry F. York's challenge to an Attorney General's open-records ruling concerning the Texas Guaranteed Student Loan Corporation (TGSL). York sought disclosure of various TGSL records, including board meeting minutes, a Strategic Plan, President's Reports, EAS-related documents, and a VFA application. The district court ordered disclosure of the actual minutes and EAS records but allowed TGSL to withhold attachments, the Strategic Plan, President's Reports, and pricing information from the VFA application. The Court of Appeals largely sided with York, affirming the disclosure of minutes and EAS records and reversing to order disclosure of the Strategic Plan, President's Reports, and other minute attachments. However, it affirmed the withholding of VFA pricing information and the denial of attorney's fees to York.

Open Meetings ActPublic Information ActGovernment TransparencyStudent LoansGovernmental RecordsCompetitive HarmDeclaratory JudgmentAttorney's FeesStatutory ConstructionAppellate Review
References
62
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. ADJ8674944
Regular
Sep 28, 2015

CECILIA ROSALES vs. KING TACO RESTAURANT, AMERICAN CASUALTY COMPANY

This case concerns a lien claim by Western Imaging Services (WIS) for photocopying services rendered to applicant's attorney. The original decision disallowed the lien, finding WIS was not an independent contractor exempt from registration and bonding requirements under Business and Professions Code § 22451(b). The Appeals Board granted reconsideration, finding that WIS *was* an independent contractor of the attorney based on submitted evidence and the plain language of the statute. Therefore, WIS is exempt from registration, and its lien is allowed, with penalties deferred.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDecision After ReconsiderationIndependent ContractorBusiness and Professions CodeRegistration RequirementsBonding RequirementState BarProfessional Photocopying
References
4
Case No. MISSING
Regular Panel Decision

Attorney General of the State v. Johnson

The Attorney General appealed a judgment awarding Johnson attorney's fees and court costs after a trial court found the Attorney General's fraud claim against Johnson, regarding worker's compensation benefits, to be frivolous. The Attorney General argued that article 8307, section 9a exempted his agency from liability under Chapter 105, that the trial court applied an incorrect legal standard, and that Johnson's motion for fees did not comply with section 105.003. The appellate court affirmed the trial court's judgment, ruling that Chapter 105 is applicable to the Attorney General, that the claim lacked arguable basis as Johnson's form did not inquire about other employment and continuous work during benefits was not wrongful, and that Johnson's motion was timely and procedurally compliant.

Attorney's FeesFrivolous ClaimsWorker's Compensation FraudAppellate ReviewAbuse of DiscretionStatutory InterpretationFraudulent ConcealmentTrial Court Judgment AffirmedLitigation ExpensesState Agency Liability
References
5
Case No. ADJ1740444 (SJO 0799313) ADJ2189376 (SJO 0785376) ADJ506041 (SJO 0866217)
Regular
May 13, 2011

EDUARDO JIMINEZ vs. DSL TRANSPORTATION, ARGONAUT INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petitions for reconsideration regarding findings of industrial injury and permanent disability ratings. However, the Board granted the lien claimant's petition, reversing the dismissal of its attorney's fee lien. The case is remanded to the trial level for further proceedings to determine the value of the lien claimant's services, with defendants ordered to withhold 15% of the applicant's awards for potential attorney's fees.

Workers' Compensation Appeals BoardOpinion and Orders DenyingGranting ReconsiderationDecision After ReconsiderationIndustrial InjuryPermanent DisabilityBenson v. Workers' Comp. Appeals Bd.Permanent Disability Rating ScheduleIndependent Medical Examiners132a Claim
References
3
Case No. ADJ2278453
Regular
Dec 24, 2008

SANDRA LARSEN vs. SANCTUARY DAY SPA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of her $45\%$ permanent disability rating, finding sufficient medical evidence for apportionment. However, the Board granted the lien claimant's petition for reconsideration regarding attorney fees, rescinding the prior order to allow further proceedings to determine a reasonable fee split among three attorneys. The matter was returned to the trial level for a lien conference to equitably divide attorney fees for services rendered to the applicant.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical ExaminerLien ClaimantAttorney's FeesPetition for ReconsiderationFindings Award OrderRescind
References
2
Case No. MISSING
Regular Panel Decision

Castleberry v. Hudson Valley Asphalt Corp.

This case concerns an application by a plaintiff, injured in 1973, for the apportionment of attorney's fees incurred in a third-party action. The plaintiff, who receives weekly workers' compensation benefits from Utica Mutual Insurance Co., secured a $75,000 settlement after an initial judgment was set aside on appeal. The central issue was whether the compensation carrier, Utica Mutual, should bear the full amount of the attorney's fees for the $75,000 settlement, thereby vacating its $20,402 lien. The court, exercising its discretion under Workers’ Compensation Law § 29, determined that since the entire settlement benefited the carrier by reducing its future obligations, the carrier should be responsible for all attorney's fees, and its lien was consequently vacated.

Attorney's Fees ApportionmentLien VacationThird-Party SettlementInsurance Carrier LiabilityWorkers' Compensation Law § 29Subrogation RightsEquitable ApportionmentJudicial DiscretionStatutory BenefitWorkers' Compensation Benefits
References
0
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