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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. 14-12-00555-CV
Regular Panel Decision
Oct 31, 2013

Michael Dodd and 3D Global Solutions, Inc. v. Brian J. Savino

This case is an appeal from a no-answer default judgment. The appellants, Michael Dodd and 3D Global Solutions, Inc., challenged the judgment granted in favor of Brian J. Savino, stemming from a failed investment transaction. Appellants contested personal jurisdiction, the denial of their motion for new trial, and the findings of alter ego liability and damages. The Fourteenth Court of Appeals affirmed the trial court's judgment, concluding that there were sufficient minimum contacts for specific jurisdiction and no abuse of discretion in denying the new trial due to the appellants' conscious indifference. The court also upheld the findings regarding alter ego liability and the award of contract damages and attorney's fees.

Personal JurisdictionSpecific JurisdictionDefault JudgmentAlter Ego LiabilityContract DamagesAttorney's FeesPurposeful AvailmentMinimum ContactsDue ProcessCraddock Motion
References
59
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. MISSING
Regular Panel Decision
Oct 31, 2013

Michael Dodd and 3D Global Solutions, Inc. v. Brian J. Savino

This case is an appeal from a no-answer default judgment in favor of Brian J. Savino against Michael Dodd and 3D Global Solutions, Inc. The core dispute arose from a failed investment in 3D Global, where Dodd, the CEO, made misrepresentations and commingled funds, leading Savino to seek the return of his earnest money and reimbursement for expenses. The appellate court affirmed the trial court's judgment, finding sufficient specific jurisdiction over the non-resident defendants based on their purposeful contacts with Texas, including business negotiations and a trip to Houston. The court also upheld the trial court's denial of a motion for new trial, concluding that the defendants' failure to answer was due to conscious indifference rather than accident or mistake. Finally, the appellate court affirmed the finding of alter ego liability against Michael Dodd and the award of both contract damages and attorney's fees, finding sufficient evidence despite the absence of a hearing transcript.

Default JudgmentPersonal JurisdictionSpecific JurisdictionMinimum ContactsPurposeful AvailmentAlter Ego LiabilityCorporate VeilBreach of ContractUnliquidated DamagesAttorney's Fees
References
61
Case No. OAK 0332540
Regular
Apr 21, 2008

TYRONE JOHNSON vs. CAL STATE, HAYWARD, SEDGWICK CLAIMS SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's prior decision in Johnson v. Cal State, Hayward and Sedgwick Claims Services. The WCAB rescinded the WCJ's decision and returned the case for further proceedings and a new decision. This action is not a final determination on the merits.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgegrant reconsiderationrescind decisionfurther proceedingsdecision after reconsiderationtrial levelreconsideration of decisionreturn to trial level
References
0
Case No. ADJ10335087 ADJ10335071
Regular
Jan 03, 2020

RICHARD GONZALES vs. CAL FIRE, STATE COMPENSATION INSURANCE FUND, State Employees Adjusting Agency

This case involves two workers' compensation claims for Richard Gonzales against CAL FIRE. The Appeals Board affirmed the award in ADJ10335087, which found a 46% permanent disability. However, the Board rescinded the January 3, 2019 award in ADJ10335071, which found a 77% permanent disability and awarded attorney's fees based on 15% of permanent disability indemnity. The Board remanded ADJ10335071 for further development of the medical record regarding whether permanent disabilities should be added or combined, and to revisit the attorney's fees, specifically including the value of the life pension.

Workers Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityAttorney's FeeQualified Medical Evaluator (QME)Agreed Medical Evaluator (AME)Combined Values Chart (CVC)Synergistic Effect
References
8
Case No. ADJ9264974
Regular
Nov 20, 2017

LUZ MARTINEZ MARTINEZ vs. SO CAL FOODS dba BAJA FRESH, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration in the case of Martinez v. So Cal Foods. This decision allows the WCAB further time to thoroughly study the factual and legal issues presented. Pending a decision after reconsideration, all related communications must be filed directly with the WCAB Commissioners in San Francisco, not the district office. Trial-level documents not related to the petition should continue to be e-filed normally.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemWCJ
References
0
Case No. ADJ8641548
Regular
May 11, 2016

MILAGROS ALBANO (Dec'd), JONALYN ALBANO (Daughter), JOE RICHARD ALBANO (Son), JOANNE MAE ALBANO (Daughter) vs. CAL AMP CORPORATION, HARTFORD ACCIDENT \& INDEMNITY COMPANY, STANDARD FIRE INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted the applicants' petition for reconsideration in the case of Milagros Albano (deceased) versus Cal Amp Corporation and its insurers. This decision was made to allow further study of the factual and legal issues. All future correspondence regarding the petition must be filed directly with the Board's Commissioners in San Francisco. Trial level documents not related to the reconsideration petition should continue to be filed as usual.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersSan FranciscoElectronic Adjudication Management System (EAMS)
References
0
Case No. ADJ450115 (MON 0230555) ADJ1578833 (VNO 0399228)
Regular
Dec 15, 2008

CONSTANCE SHILLINGFORD vs. GREENBERG GLUSKER FIELDS, CAL. COMP, in liquidation by CIGA and ZENITH INSURANCE COMPANY, CAL. COMP, in liquidation by BROADSPIRE INSURANCE COMPANIES for CIGA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The WCAB rescinded the judge's decision and returned the case to the trial level for further proceedings and a new decision. This action means the original decision is not final, and the parties can again seek reconsideration after the WCJ issues a new ruling.

Workers Compensation Appeals BoardReconsiderationRescindedReturnedWCJCIGAZenith Insurance CompanyBroadspire Insurance CompaniesLiquidationAdministrative Law Judge
References
0
Case No. VNO 0467089
Regular
Jun 20, 2008

LUIS ARAGON vs. THE CHEESECAKE FACTORY, U.S. FIDELITY AND GUARANTY, GALLAGHER BASSETT SERVICES

This case concerns a medical provider's lien claim after the applicant's workers' compensation claim was settled. The lien was initially disallowed because the provider had received payment from Medi-Cal and had not yet reimbursed the program. The Appeals Board granted reconsideration, amending the award to allow the provider to pursue its lien claim, but only after proving full reimbursement to Medi-Cal as required by Welfare and Institutions Code section 14124.791. Jurisdiction is reserved for further proceedings at the trial level.

Workers' Compensation Appeals BoardLien claimantMedi-Cal reimbursementWelfare and Institutions Code § 14124.791Industrial injuryBelow the knee amputationCompromise and releasePetition for reconsiderationReport and RecommendationFindings and Award
References
3
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