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

Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
Case No. 13-03-099-CV
Regular Panel Decision
Feb 24, 2005

Luciano Islas v. Central Ready Mix Concrete

Luciano Islas sued Central Ready Mix Concrete Company for injuries suffered while exiting a cement truck drum. The jury found Central Ready Mix 20% negligent and awarded Islas $290,000, but the trial court granted a judgment notwithstanding the verdict. On appeal, the Thirteenth District of Texas Court of Appeals reversed the trial court's decision. The appellate court concluded there was sufficient evidence to support the jury's finding that Central Ready Mix was negligent and its negligence was a proximate cause of Islas's injuries, given its knowledge of past accidents and failure to ensure safety procedures for a dangerous outsourced activity. The court reinstated the jury's verdict, holding Central Ready Mix 20% liable.

Personal InjuryNegligencePremises LiabilityIndependent ContractorForeseeabilityJudgment Notwithstanding VerdictJury VerdictAppellate ReviewSafety ProceduresCement Truck
References
11
Case No. 2021-08-0990
Regular Panel Decision
Mar 18, 2022

Williams, Cornelius v. People Ready, Inc.

Cornelius Williams, an employee, injured his left knee at work. The employer, People Ready, Inc., failed to provide a panel of physicians, directing him to a walk-in clinic instead. After the clinic referred Williams to orthopedic surgeon Dr. John Lochemes, People Ready denied authorization and offered a belated panel. The Court ruled that People Ready's non-compliance with the statute made Dr. Lochemes the authorized treating physician, granting Williams's request for medical treatment. However, Williams's request for temporary disability benefits was denied due to insufficient proof of wage reduction. The case was referred to the Compliance Program for potential penalties against People Ready.

Workers' Compensation LawExpedited HearingMedical Treatment AuthorizationPanel Physician DisputeEmployer Non-ComplianceTemporary Disability BenefitsLeft Knee InjuryOrthopedic SurgeryMedical ReferralEmployer Responsibility
References
5
Case No. MISSING
Regular Panel Decision
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. MISSING
Regular Panel Decision

Central Ready Mix Concrete Co. v. Islas

Luciano Islas, an employee of independent contractor Eugene Taylor, sustained severe injuries while cleaning a concrete truck drum for Central Ready Mix Concrete Company, which lacked workers' compensation insurance. A jury initially found all parties partially at fault, but the trial court subsequently granted a judgment notwithstanding the verdict in favor of Central, holding Taylor solely liable. The court of appeals reversed this decision, but the Supreme Court of Texas overturned the appellate court's ruling, reinstating the original trial court judgment for Central. The Supreme Court emphasized that owners like Central generally owe no duty to ensure the safety practices of independent contractors' employees unless actual control is retained, and that the repair work was not inherently dangerous enough to impose a nondelegable duty. Therefore, Central was not held liable for Islas's injuries.

Workers' CompensationIndependent ContractorPremises LiabilityDuty to WarnInherently Dangerous ActivityNondelegable DutyJudgment Notwithstanding the VerdictTexas LawOccupational SafetyEmployer Liability
References
24
Case No. M2004-00647-COA-R3-CV
Regular Panel Decision
Nov 15, 2005

Yvonne N. Robertson v. Tennessee Board of Social Worker Certification and Licensure

The Tennessee Board of Social Worker Certification and Licensure appealed a Chancery Court decision that had set aside the Board's two-year license revocation of Yvonne N. Robertson. Robertson, a licensed clinical social worker, had her license revoked for engaging in a prohibited 'dual relationship' with a client. The Chancery Court ruled that the Board's sanctions were an abuse of discretion and arbitrary, partly due to the Board's consideration of Robertson's 1982 felony forgery conviction. The Court of Appeals of Tennessee reversed the Chancery Court's decision, determining that the Board was authorized to review its prior records and that the imposed sanction was both warranted in law and justified in fact. Consequently, the Board's original order of revocation was reinstated.

Social Worker CertificationLicense RevocationDual RelationshipUnethical ConductAdministrative LawJudicial ReviewStandard of ReviewProfessional EthicsAppellate Court DecisionTennessee Law
References
26
Case No. MISSING
Regular Panel Decision
Sep 26, 2007

Kudinov v. Kel-Tech Construction Inc.

This case involves an appeal from an order that partially granted plaintiffs’ motion for class certification and denied the defendant's cross-motion for summary judgment. The court affirmed the lower court's decision, emphasizing that the burden of establishing class certification criteria rests with the party seeking it, and the class certification statute should be liberally construed. Despite inconsistencies in the class representative's testimony and variations in damages among different trades, the court found sufficient evidence for numerosity and commonality of claims. The decision reiterates that the inquiry into a claim's merit for class certification is limited and not a substitute for summary judgment or trial.

Class ActionClass CertificationSummary JudgmentAppellate ReviewJudicial DiscretionEvidentiary BasisNumerosityCommonalityWage DisputesUnderpayment
References
11
Case No. MISSING
Regular Panel Decision

Claim of Davis v. Labor Ready

Decedent, employed by Labor Ready, an employment agency, died in an automobile accident while being driven home from a temporary work assignment by a fellow Labor Ready employee, McKinley Barnes. Barnes was not working that day but volunteered to drive decedent and other employees, receiving a small payment from each employee for transportation. Claimant filed for workers’ compensation death benefits on behalf of decedent’s minor children, which were initially granted by a Workers’ Compensation Law Judge but subsequently reversed and disallowed by the Workers’ Compensation Board. The central issue was whether the accident occurred within the scope of employment, specifically if Labor Ready had assumed responsibility for transporting its employees. The court affirmed the Board’s decision, concluding that Labor Ready did not have exclusive control of the conveyance, and therefore, the injuries were not sustained in the course of employment. The court also found no abuse of discretion by the Board in refusing claimant's rebuttal due to procedural deficiencies.

Workers' CompensationDeath Benefits ClaimScope of EmploymentCommuting AccidentEmployer Provided TransportationCarpooling ArrangementTemporary AgencyWorkers' Compensation Board ReversalAppellate AffirmationCausal Connection
References
13
Case No. 2015-08-0488
Regular Panel Decision
May 26, 2016

Wright, Ezell v. Labor Ready

Ezell Wright, an employee of Labor Ready, sustained a work-related back injury on October 22, 2014, while moving a copier. He initially received authorized treatment, but Labor Ready later ceased authorization, leading Mr. Wright to seek private medical care. Eventually, Labor Ready authorized Dr. Fereidoon Parsioon, a neurosurgeon, who recommended physical therapy and a return visit after releasing Mr. Wright to full-duty work. However, Labor Ready failed to authorize the follow-up visit and did not provide temporary disability benefits or light-duty work during his restrictions, prompting Mr. Wright to file for an Expedited Hearing. The Court found Mr. Wright entitled to continued medical treatment with Dr. Parsioon and awarded temporary disability benefits from October 22, 2014, to September 21, 2015, totaling $10,674.64, along with an attorney's fee of $2,134.93.

Workers' Compensation JudgeExpedited HearingMedical BenefitsTemporary Disability BenefitsLumbar StrainBack InjuryAuthorized Treating PhysicianAverage Weekly WageWeekly Compensation RateAttorney's Fee
References
3
Case No. MISSING
Regular Panel Decision

Parker v. Time Warner Entertainment Co., L.P.

This Memorandum & Order addresses plaintiffs' objections to a Magistrate Judge's recommendations regarding class certification. Plaintiffs Andrew Parker and Eric De-Brauwere sued Time Warner Cable, alleging violations of the Cable Communications Policy Act of 1984 by disclosing subscriber information. District Judge Glasser adopted the Magistrate Judge's findings, denying class certification for monetary claims under Rule 23(b)(2) due to the predominance of monetary relief, and denying full certification under Rule 23(b)(3) because a class action was deemed not superior given the statutory provisions for individual remedies. The court also declined to exercise supplemental jurisdiction over the plaintiffs' state law claims. Ultimately, the plaintiffs' objections to the Magistrate Judge's Report & Recommendation were denied, and the recommendations were adopted.

Class ActionClass CertificationRule 23(b)(2)Rule 23(b)(3)Cable Communications Policy ActSubscriber PrivacyMonetary ReliefInjunctive ReliefEastern District of New YorkMagistrate Judge Recommendation
References
31
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