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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

Cal-Tex Lumber Co., Inc. v. Owens Handle Co., Inc.

Owens Handle Company, Inc. (Owens Co.) sued Cal-Tex Lumber Company, Inc. (Cal-Tex) for breach of contract and violation of the Texas Deceptive Trade Practices Act (DTPA). A jury awarded Owens Co. damages for breach of contract, which Cal-Tex appealed. The appellate court affirmed that Owens Co.'s duty to provide insurance was not a condition precedent to Cal-Tex's site preparation duties and dismissed Cal-Tex's waiver argument regarding prior breaches. However, the court found the evidence legally insufficient to support the full lump-sum damages awarded for lost profits, specifically beyond the first year of the contract. Consequently, the trial court's judgment was reversed, and the cause was remanded for a new trial to recalculate damages.

Breach of ContractDeceptive Trade Practices ActDTPALost ProfitsCondition PrecedentWaiverContractual ObligationsDamagesLegal SufficiencyFactual Sufficiency
References
31
Case No. 12-02-00174-CV
Regular Panel Decision
May 28, 2004

Jayanti Patel v. City of Everman, Tom Killebrew, and Metro Code Analysis, L.L.P.

Jayanti Patel appealed the trial court's summary judgment in favor of the City of Everman and Tom Killebrew d/b/a Metro Code Analysis. Patel had sued the City and Killebrew for an unlawful taking of his properties without just compensation, procedural due process violations, trespass, and conversion, stemming from the demolition of his apartment buildings due to alleged code violations. The appellate court affirmed the summary judgment regarding Patel's consent to the demolition of fifteen properties, his due process claim, and his trespass and conversion claims due to res judicata. However, the court reversed and remanded the summary judgment on Patel's takings claim concerning four specific properties (403 Lee Street, 410 Race Street, 405 King Street, and 403 King Street) where the defense of consent was not applicable and a fact issue existed regarding nuisance.

Property DemolitionInverse CondemnationSummary JudgmentTexas ConstitutionDue Process ClaimTrespass ClaimConversion ClaimRes JudicataNuisance DefenseAppellate Review
References
53
Case No. ADJ7103630
Regular
May 21, 2012

DENISE SANCHES vs. COUNTY OF SACRAMENTO

This case involves Denise Sanches' workers' compensation claim against the County of Sacramento. The Workers' Compensation Appeals Board dismissed Sanches' Petition for Removal as untimely. The dismissal was based on the petition being filed on March 8, 2012, which was more than the allowed 25 days after the February 13, 2012, decision. This delay violated the time limits prescribed by 8 Cal. Code Regs. § 10843 and Code of Civil Procedure § 1013.

Petition for RemovalUntimelyDecision DateFiling Date25 Days20 Days8 Cal. Code Regs. 10843Code of Civil Procedure § 1013Served by MailDismissed
References
0
Case No. ADJ7535016, ADJ7536297, ADJ8099855
Regular
Sep 05, 2013

DAVID MURILLO-RAMOS vs. NATIONAL RETAIL TRANSPORTATION, TRAVELERS INSURANCE

This Workers' Compensation Appeals Board order dismisses the Applicant's Petition for Reconsideration. The dismissal is based on two procedural defects: the petition was not verified as required by Labor Code section 5902, and there was no proof of proper service under Cal. Code Regs., tit. 8, § 10565(d). The Board cites prior case law supporting dismissal for these types of violations. Consequently, the Petition for Reconsideration filed by David Murillo-Ramos against National Retail Transportation and Travelers Insurance is formally rejected.

Petition for ReconsiderationDismissalVerificationLabor Code section 5902Proof of ServiceCal. Code Regs.tit. 8§ 10565(d)WCJ ReportWorkers' Compensation Appeals Board
References
2
Case No. ADJ3218661 (OAK 0339889)
Regular
Feb 07, 2011

CHANCE ROLLINS vs. JOHN MARTIN STABLES, INC.; AMERICAN HOME ASSURANCE administered by AIG, CLAIMS SERVICES

The Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration, finding the WCJ's ruling was not a final order. However, the Board granted removal, rescinded the WCJ's order, and denied the applicant's request for a neurology consultation under Labor Code §4601(a). The matter was returned to the trial level with instructions to issue an order for a new QME panel in neurology, as Dr. Jamasbi's request for a consultative neurological evaluation constituted good cause for a new panel under 8 Cal. Code Regs. §31.7. Attorney fees for the ex parte communication were upheld.

WCABPetition for ReconsiderationPetition for RemovalLabor Code 4601(a)Labor Code 4062.3QMEAgreed Medical EvaluatorNeurological ConsultMedical DirectorSpecialty Panel
References
0
Case No. 03-02-00027-CV
Regular Panel Decision
Dec 31, 2002

Robert L. Collins v. Texas Natural Resource Conservation Commission and Cal-Maine Partnership, Ltd.

Robert Collins, an organic farmer, opposed a permit application by B&N Poultry (later Cal-Maine Partnership, Ltd.) to change its waste-management system to wet, utilizing clay-lined lagoons. Collins claimed his property, groundwater, and air quality would be adversely affected and sought a contested case hearing from the Texas Natural Resource Conservation Commission (TNRCC). The Commission denied his request, determining he was unlikely to be affected and the proposed system was environmentally superior. Collins sought judicial review in a Travis County district court, which affirmed the Commission's order. The Court of Appeals, Third District, affirmed the district court's judgment, finding substantial evidence to support the Commission's decision and that Collins was afforded due process.

Environmental LawAdministrative LawJudicial ReviewStandingDue ProcessContested Case HearingWaste ManagementPoultry FarmWater CodeTexas Appeals
References
10
Case No. ADJ4539662 (LBO 0266945)
Regular
Feb 07, 2011

RAUL ANAYA vs. MCDONNELL DOUGLAS; CIGA c/o CAMBRIDGE INTEGRATED SERVICES for FREMONT INDEMNITY in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a venue change order. However, treating the petition as a request for removal, the WCAB granted removal and rescinded the order. The WCAB found that the defendant improperly sought a venue change to consolidate cases, as consolidation requires following specific procedures outlined in Cal. Code Regs., tit. 8, § 10260(b).

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueLabor Code Section 5501.5(c)Cal. Code Regs. tit. 8 § 10410Adjudication Case NumberPWCJStipulated AwardContribution Proceeding
References
14
Case No. ADJ7048367
Regular
May 24, 2016

BLANCA CANTU vs. NATIONAL STEEL & SHIPBUILDING COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification against the defendant, National Steel & Shipbuilding Company. This dismissal was based on the petition being untimely filed, as it was not submitted until February 24, 2016, after multiple continuances of the trial date since March 2015. The Board adopted the WCJ's report and recommendations, which found the petition untimely under Cal. Code Regs., tit. 8, § 10452. Even if the petition had not been untimely, the Board indicated it would have been denied on its merits.

Petition for DisqualificationWCJtimelinessuntimelinessMandatory Settlement Conferencecontinuancesupplemental petitionCal. Code Regs.tit. 8§ 10848
References
0
Case No. M2009-00813-COA-R3-CV
Regular Panel Decision
Sep 14, 2010

Joseph Edward Rich, M.D. v. Tennessee Board of Medical Examiners

This is an administrative appeal concerning the suspension of Dr. Joseph Edward Rich's medical license by the Tennessee Board of Medical Examiners. The Board found Dr. Rich in violation of several provisions related to his use of chelation therapy, intravenous hydrogen peroxide therapy, and methadone. The chancery court affirmed the Board's decision. On appeal, the Court of Appeals reversed the findings for Tenn. Code Ann. § 63-6-214(b)(1), (4), and (12) due to the Board's failure to articulate the standard of care. However, the court affirmed violations of Tenn. Code Ann. § 63-6-214(b)(14), Tenn. Comp. R. & Regs. 0880-2-.14(6)(c), Tenn. Comp. R. & Regs. 0880-2-.14(6)(e)(3)(ii), and 21 U.S.C.A § 823(g)(1). The case was remanded for the Board to reconsider the sanctions.

Medical License SuspensionChelation TherapyMethadone TreatmentAdministrative LawStandard of CareDue ProcessEvidence ExclusionPhysician MisconductControlled SubstancesBoard of Medical Examiners
References
18
Case No. ADJ1805160
Regular
Aug 10, 2010

RAUL GARCIA vs. BRISTOLITE SKYLIGHTS, ZURICH INSURANCE COMPANY

The Appeals Board granted removal to clarify the WCJ's order regarding the production of medical reports. The Board amended the order to require defendants to provide all medical reports in their possession, not just those they intended to rely upon, per 8 Cal. Code Reg. § 10608. The Board also struck the provision requiring the lien claimant to prove interpreter market rates, as this issue was not properly before the WCJ. Finally, the Board found no evidence of bias by the WCJ despite the lien claimant's assertions.

Workers' Compensation Appeals BoardRemovalDecision After RemovalLien ClaimantMedical ReportsInterpreter FeesMarket RateBiasJudicial NoticeWCJ
References
16
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