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

Case No. 03-03-00763-CV
Regular Panel Decision
Dec 16, 2004

Antonio Nash v. the Blood and Tissue Center of Central Texas

This employment discrimination case involves Antonio Nash appealing a summary judgment in favor of The Blood and Tissue Center of Central Texas (BTC). Nash, an African-American facilities manager, was terminated by BTC for alleged violations of company policy, including sexual harassment, breach of confidentiality, and an unauthorized background check. He claimed racial discrimination, retaliation, and intentional infliction of emotional distress, arguing BTC's reasons were pretextual. The appellate court affirmed the trial court's judgment, concluding Nash failed to present sufficient evidence to create a genuine issue of material fact regarding pretext or discriminatory motivation. The court also addressed Nash's challenges to the consistency of BTC's articulated reasons, the adequacy of BTC's investigation, and the exclusion of certain evidence, finding no reversible error.

Employment DiscriminationSummary Judgment AppealRacial DiscriminationPretextMcDonnell Douglas FrameworkBurden-Shifting AnalysisCompany Policy ViolationsConfidentiality BreachSexual Harassment AllegationsUnauthorized Background Check
References
29
Case No. MISSING
Regular Panel Decision

Rozewicz v. New York City Health & Hospitals Corp.

This opinion addresses a complex medical malpractice case involving the death of Mrs. Rosewicz, a Jehovah's Witness, who refused blood transfusions due to religious beliefs. Justice Lehner explores three categories of relevant legal precedents: government benefit denials for religious refusal of treatment, tortfeasor liability and mitigation of damages, and malpractice claims where a patient refused life-saving treatment on religious grounds. The court declines to charge the jury on mitigation of damages, deeming it inappropriate for this specific case. Instead, the judge rules that the jury will be instructed on the principles of assumption of risk and comparative fault, allowing for the apportionment of liability between the defendant's alleged negligence and the decedent's refusal of blood transfusions, consistent with decisions in Shorter v Drury and Corlett v Caserta.

Medical MalpracticeReligious FreedomBlood Transfusion RefusalJehovah's WitnessAssumption of RiskComparative FaultMitigation of DamagesWrongful DeathJury InstructionsNegligence
References
12
Case No. MISSING
Regular Panel Decision
Oct 21, 2002

Kinzie v. Dallas County Hospital District

Plaintiff James Christian Kinzie contracted HIV from a blood transfusion in March 1985 at Children's Medical Center in Dallas, Texas. The blood was supplied by Defendant Dallas County Hospital District d/b/a Parkland Memorial Hospital. Kinzie alleged that Parkland was negligent in its blood screening and donor training practices, maintained a 'don't ask, don't tell' policy regarding donor sexual history, and intentionally withheld information about his HIV-positive status for approximately eleven years. Kinzie sued under 42 U.S.C. § 1983, claiming violations of his substantive and procedural due process rights, and also cited 21 C.F.R. § 610.47. The court granted Parkland's motion to dismiss, ruling that Parkland's conduct, while deplorable, amounted to simple negligence rather than a constitutional violation under 'shocks the conscience,' 'special relationship,' or 'state-created danger' theories. The court also found no private right of action under the federal regulation and dismissed the procedural due process and access to courts claims.

HIV InfectionAIDSBlood Transfusion NegligenceDue Process ViolationSection 1983Governmental ImmunityMotion to DismissFederal Civil ProcedureConstitutional TortsDeliberate Indifference
References
45
Case No. MISSING
Regular Panel Decision
Jan 28, 2013

Rozek v. New York Blood Center

The plaintiff, Susan Rozek, sued New York Blood Center (NYBC) and First Unum Life Insurance Company under ERISA after being denied long-term disability and Retirement Income Protection (RIP) benefits. Rozek alleged wrongful denial of benefits by First Unum under the NYBC Plan. The court considered cross-motions for summary judgment. Despite evidence supporting Rozek's disability claim, the court found substantial medical evidence indicating she was not disabled according to the Plan's definition, and the defendants' decision was deemed not arbitrary or capricious. The court granted summary judgment in favor of the defendants on all claims, including the RIP benefits claim due to the plaintiff's failure to exhaust administrative remedies, and denied attorneys' fees to the plaintiff.

ERISADisability BenefitsLong-Term DisabilityPlan Administrator DiscretionSummary JudgmentAdministrative Record ReviewSocial Security DisabilityWorkers' CompensationMedical EvaluationFunctional Capacity Evaluation
References
46
Case No. MISSING
Regular Panel Decision

Lafferty v. Manhasset Medical Center Hospital

This case addresses an alleged medical malpractice involving a mismatched blood transfusion to Anna E. Lafferty, resulting in claims for emotional anguish by her daughter-in-law, Helen M. Lafferty, who witnessed and participated in the event. The court denied the defendant's motion to dismiss Helen M. Lafferty's claims, arguing that her active involvement placed her within a foreseeable "zone of psychic danger," establishing a direct duty of care owed to her by the hospital. The decision indicates a willingness to expand liability in New York for psychic injury to active participants, moving beyond traditional bystander limitations.

Medical MalpracticeEmotional DistressPsychic TraumaBystander RecoveryZone of DangerForeseeabilityNegligenceWrongful DeathPersonal InjuryDuty of Care
References
14
Case No. MISSING
Regular Panel Decision

Hilliard v. Tennessee State Home Health Services, Inc.

The claimant, an employee, sought workers' compensation after being diagnosed with hepatitis C in 1992, exhibiting symptoms since 1988. She believes the condition was caused by either blood transfusions in 1971-1972 or her work providing nursing care to medical patients with hepatitis C. Dr. Ellen B. Hunter, a witness for the defense, confirmed both possibilities. The trial court initially granted a summary judgment of dismissal against the claimant. However, the Special Workers’ Compensation Appeals Panel concluded that summary judgment was improper in this workers' compensation case and vacated the trial court's judgment, remanding the cause for further proceedings to allow both sides to present their witnesses.

Summary JudgmentCausationHepatitis CBlood TransfusionHealth Care WorkerRemandAppellate ReviewMedical EvidenceOccupational DiseasePanel Decision
References
3
Case No. MISSING
Regular Panel Decision

Estate of Padilla v. Charter Oaks Fire Insurance Co.

The Padillas, representing the estate of Diego Padilla and his family, appealed the Industrial Accident Board's (IAB) denial of their workers' compensation claim and the trial court's subsequent summary judgment favoring Charter Oaks, the insurance carrier. Diego Padilla, injured during employment, received benefits until a third-party personal injury settlement. He later contracted hepatitis from a blood transfusion related to the injury. The Padillas sought renewed weekly benefits and medical expense reimbursement, arguing that the settlement funds were exhausted. The court affirmed the trial court's decision, holding that under the workers' compensation statute, an "advance" from a third-party settlement is only reduced by future compensation and medical benefits, not general expenditures, and the remaining settlement amount still exceeded the benefits owed.

Workers' CompensationSummary JudgmentStatutory InterpretationThird-Party SettlementAdvance Against Future BenefitsMedical ExpensesTexas LawIndustrial Accident BoardSubrogation ClaimsAppellate Review
References
21
Case No. ADJ8997142
Regular
Jul 12, 2018

Dave Zada vs. Allpro Millworking, Inc., Liberty Mutual Insurance Company

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and found the applicant's claim for blood cancer barred by the statute of limitations. The WCAB acknowledged that the applicant's prior claim for a stroke was already barred by res judicata. However, the WCAB determined that the applicant had knowledge of his blood cancer being work-related in 2004, but failed to file a claim until 2013. Therefore, the claim for blood cancer was untimely.

AOE/COERes JudicataStatute of LimitationsPolycythemia Rubra VeraBlood CancerStrokeChemical ExposureCumulative InjurySpecific InjuryWCJ
References
3
Case No. ADJ13173690
Regular
Feb 07, 2023

CHRISTOPHE LELONG vs. BEVERLY HILLS POLICE DEPARTMENT, CORVEL

This case involves a police officer diagnosed with a sinus and respiratory infection caused by *Citrobacter koseri*, a bacteria transmissible through blood. The applicant sustained symptoms during his employment, triggering the presumption of industrial causation under Labor Code section 3212.8. The defendant challenged the presumption, arguing the bacteria's transmission was uncertain and not solely blood-borne. However, the Board affirmed the initial award, finding the defendant failed to meet its burden of proof to rebut the presumption, as the bacteria is capable of being carried or transmitted by blood.

Labor Code 3212.8blood-borne infectious diseasepresumption of industrial causationCitrobacter koseripolice officeroccupational exposuresinus infectionrespiratory systemindustrial injuryrebuttal of presumption
References
10
Case No. 11-08-00088-CV
Regular Panel Decision
Jan 29, 2010

Colin Powers v. Texas Mutual Insurance Company

This is a workers' compensation appeal concerning Colin Powers' claim denied by Texas Mutual Insurance Company due to intoxication at the time of injury. The jury in the trial court found Powers intoxicated, leading to a judgment for Texas Mutual. Powers challenged the blood alcohol test results, arguing a fatal gap in the chain of custody of his blood sample. The Eleventh Court of Appeals affirmed the trial court's judgment, ruling that Powers waived his objections by not raising them at trial and, even if he had, the evidence was sufficient to establish a reliable chain of custody for the blood sample.

Workers' CompensationIntoxicationBlood SampleChain of CustodyAppellate ReviewEvidence AdmissibilityMedical RecordsAlcohol ConcentrationTexas LawJury Verdict
References
10
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