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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

Manuel Zaragoza and Eloisa Zaragoza v. Gunnar Jessen and Elizabeth Jessen

Elizabeth and Gunnar Jessen (Appellees) sued Eloisa and Manuel Zaragoza (Appellants) for breach of contract and fraud in a real estate transaction. The Jessens claimed an oral agreement to purchase a home at 704 Dorsey in El Paso, Texas, from the Zaragozas. The Jessens made a significant down payment, took possession, made improvements, and paid off a mortgage, but the Zaragozas failed to deed the property and pay off a second mortgage as agreed. The trial court found in favor of the Jessens, awarding actual damages, punitive damages, and attorney's fees. The Zaragozas appealed, challenging the Jessens' standing, the application of the statute of frauds, and the fraud finding. The appellate court affirmed the trial court's judgment, finding ample evidence to support the Jessens' claims under the doctrine of partial performance and for fraud in a real estate transaction.

Real Estate TransactionBreach of ContractFraudStatute of FraudsPartial PerformancePunitive DamagesAttorney's FeesAppellate ReviewBench TrialOral Contract
References
34
Case No. 05-23-00282-CV
Regular Panel Decision
Jun 07, 2024

Tiburcio Carillo and Marisol Quintanilla v. Juan Zaragoza

The trial court granted a post-answer default judgment against Tiburcio Carillo and Marisol Quintanilla (Carrillo) after they failed to appear at trial and subsequently denied their motion for new trial. Carrillo appealed, asserting the trial court abused its discretion by denying the motion for new trial because they did not receive notice of the trial setting. The Court of Appeals, Fifth District of Texas at Dallas, agreed, finding that Carrillo's failure to appear was due to accident or mistake and not intentional or conscious indifference, as their affidavits were uncontroverted. The court applied the Craddock test, concluding that the trial court had no discretion to deny the motion. The Court of Appeals reversed the trial court’s judgment and remanded the case for a new trial.

Default judgmentPost-answer defaultMotion for new trialCraddock testLack of noticeAccident or mistakeConscious indifferenceAbuse of discretionAppellate reviewDue process
References
18
Case No. ADJ7386140
Regular
Feb 08, 2013

BALDOMERO ZARAGOZA vs. STEEL ESCRAPES, TRISTAR RISK MANAGEMENT

This Workers' Compensation Appeals Board order dismisses a Petition for Reconsideration filed by lien claimant Universal Copy. The dismissal is based on the petition's failure to be verified, which violates Labor Code section 5902. This procedural defect renders the petition invalid, necessitating its dismissal.

Petition for ReconsiderationDismissalVerifiedLabor Code Section 5902Lien ClaimantUniversal CopySmith v. Workers' Comp. Appeals Bd.Significant Panel DecisionBaldomero ZaragozaSteel Escrapes
References
1
Case No. ADJ1685474 (LAO 0883008) ADJ1092960 (LAO 0882982)
Regular
Dec 30, 2013

MARIA ZARAGOZA vs. MASCARRO LEATHER, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Maria Zaragoza's petition for reconsideration against Mascarro Leather, Inc. and its insurer. The dismissal was based on two primary grounds: the petition was filed and served untimely, and it was considered "skeletal" without substantive arguments. Additionally, the petition failed to meet the procedural requirement of serving all adverse parties as mandated by Labor Code section 5905.

Petition for ReconsiderationUntimelySkeletalLabor Code section 5905Adverse PartiesServiceDismissedWorkers' Compensation Appeals BoardAdministrative Law JudgeMascarro Leather
References
0
Case No. ADJ8338422
Regular
Jan 14, 2014

OSVALDO ZARAGOZA vs. DRAHM & ECHTER, INC., ATHENS INSURANCE

This Workers' Compensation Appeals Board order denies the applicant's Petition for Reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge's report in denying the petition. Commissioner Brass concurred, but also recommended returning the matter for a Notice of Intent to Impose Sanctions, as previously suggested by the WCJ. The specific grounds for denial and the reasons for the potential sanctions are not detailed in this excerpt.

WORKERS' COMPENSATION APPEALS BOARDOSVALDO ZARAGOZADRAHM & ECHTERINC.ATHENS INSURANCEADJ8338422Petition for ReconsiderationWCJReport and RecommendationConcurring Opinion
References
0
Case No. ADJ4106399 (SAL 0115982)
Regular
Jun 06, 2009

Nicholas Ramos vs. ANITA ZARAGOZA, TRISTAR RISK MANAGEMENT

The Appeals Board granted reconsideration and affirmed the decision that the defendant did not meet its burden to establish that the applicant earned less than $100.00 and worked less than 52 hours in the 90 days before the injury.

Labor Code section 3352(h)Labor Code section 3351(d)Labor Code section 3357excluded employeehomeowner's testimony52 hours90 daysearnings requirementclerical errorPetition for Reconsideration
References
0
Case No. LAO 0800059
Regular
Oct 12, 2007

LUIS ZARAGOZA ESTRADA vs. PREFERRED FRAMING, INC., ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition to disqualify WCJ Ronald R. Van Riper. The claimant alleged the judge prematurely adopted the defense's position and threatened sanctions during lien negotiations. However, the Board found the supporting affidavit lacked sufficient detail to prove an unqualified opinion on the case's merits, especially given the delay in filing the petition.

Petition for disqualificationWCJLien claimantUnqualified opinionIndustrial injuryCompromise and releaseLien trialAffidavit of Eliberto CruzWCAB Rule 10452Petition timing
References
1
Case No. ADJ9344199
Regular
Feb 20, 2020

ZARAGOZA, Lima vs. DENCO ENTERPRISES, WILLIAMSBURG NATIONAL INSURANCE COMPANY, MEADOWBROOK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the findings of the administrative law judge (WCJ) concerning lien claimant Citywide Scanning Service's request for payment for copy services. The WCJ awarded Citywide $2,005.00 but denied reimbursement for a filing fee and dismissed other issues as moot. The WCAB rescinded the WCJ's decision and remanded the case for further proceedings, finding that the WCJ did not adequately address the lien claimant's burden of proof regarding the reasonableness and necessity of its services. Furthermore, the WCAB indicated that the WCJ must provide a clear factual and legal basis for any awarded amount, rather than solely relying on the Copy Service Fee Schedule.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings Orders and AwardCopy Services Fee ScheduleReasonable ValueBurden of ProofLabor Code 4622Explanation of Review60-day window
References
4
Case No. ADJ6619965 ADJ9843987
Regular
Jul 16, 2018

JESUS ZARAGOZA vs. KOOL KOUNTRY, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Board granted reconsideration to review the finding of injury to the bladder, sleep disorder, sexual dysfunction, and cognitive disability/headaches, as well as the applicant's earnings. The Board affirmed the finding of injury to the bladder, sleep disorder, and sexual dysfunction but reversed the finding of injury related to cognitive impairment/headaches, finding insufficient medical evidence. Additionally, the Board amended the applicant's earnings to $270.00 per week, based on the parties' stipulation regarding the permanent disability rate, and affirmed the overall award except for these specific modifications.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardAdministrative Law JudgePermanent DisabilityAverage Weekly EarningsStipulationAgreed Medical ExaminerQualified Medical Examiner
References
0
Case No. ADJ8410672
Regular
Nov 19, 2014

HIPOLITO ZARAGOZA vs. ELECTRONIC CONTAINERS SPECIALTIES, INC., OAK RIVER INSURANCE COMPANY

Lien claimants filed a Petition for Removal seeking to rescind Notices of Intent to Sanction and challenge an order based on an "underground regulation." However, the WCJ subsequently issued Findings and Orders disallowing the liens and imposing sanctions. Consequently, the Appeals Board found the Petition for Removal to be moot. The Board dismissed the Petition, advising aggrieved parties to file a Petition for Reconsideration of the Findings and Orders.

Workers' Compensation Appeals BoardPetition for RemovalLien claimantsFindings and OrdersSanctionsAttorney feesDismissalReconsiderationUnderground regulationUltra vires
References
0
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