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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

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. MISSING
Regular Panel Decision

Zito v. Occidental Chemical Corp.

Plaintiff, a laborer employed by International Technology Corporation (ITC), suffered injuries after slipping on grease at a landfill owned by Occidental Chemical Corporation (Occidental) while reporting for work. The plaintiff initiated an action against Occidental, citing violations of Labor Law §§ 200 and 241 (6). Occidental, in turn, filed a third-party action against ITC for contractual indemnification and insurance. The Supreme Court denied ITC's motion for summary judgment and granted Occidental's cross-motion, a decision that was unanimously affirmed on appeal. The appellate court clarified that the accident site constituted a 'worksite' under the Labor Law and that the agreement obligating ITC to procure insurance for Occidental was enforceable despite General Obligations Law § 5-322.1.

Labor Law ViolationWorksite DefinitionSlip and Fall InjuryContractual IndemnificationThird-Party LiabilitySummary Judgment MotionGeneral Obligations LawInsurance Coverage DisputeAppellate AffirmationConstruction Site Accident
References
5
Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision

Rosemond v. Harshaw Chemical Co.

The plaintiffs appealed from an order of the Supreme Court, Kings County, which granted summary judgment to defendants Harshaw Chemical Company and Bartholomew Company, Inc. in an action to recover damages for wrongful death. The decedent, an employee of Astro-Electro, Inc., died after falling into a vat of corrosive acid while removing fallen parts, alleging defendants' negligent design of a horizontal drive system caused the parts to fall. The defendants argued their negligence was not a proximate cause, as parts frequently fell, and Astro's failure to provide safety precautions constituted an intervening cause. The appellate court affirmed the order, concluding that the accident would have occurred regardless of the defendants' alleged negligence and that Astro's egregious negligence served as an intervening cause, thereby absolving the defendants of liability.

Wrongful DeathSummary JudgmentProximate CauseIntervening CauseNegligenceProduct LiabilityWorkplace AccidentAppellate ReviewForeseeabilityCausation
References
5
Case No. 01-16-00633-CV
Regular Panel Decision
Aug 30, 2018

Donato Polignone and Neal D. Roy v. Bulldog Chemicals, LLC

Appellants Donato Polignone and Neal D. Roy challenged a no-answer default judgment rendered in favor of Appellee Bulldog Chemicals, LLC, stemming from a breach of contract and quantum meruit claim for unpaid goods totaling $21,750. The appellants argued the trial court erred by not granting their motion for new trial and by entering judgment against them individually, asserting a lack of standing as their business dealings were with NuGenTec Oilfield Chemicals, LLC, and their failure to answer was an oversight. The First District of Texas Court of Appeals affirmed the trial court's judgment, concluding that Bulldog Chemicals had standing and the appellants failed to meet the Craddock requirements for setting aside a default judgment. The Court also denied Bulldog Chemicals' request for sanctions for frivolous appeal.

Default judgmentbreach of contractquantum meruitstandingmotion for new trialCraddock testappellate reviewTexas lawcivil procedurecommercial dispute
References
51
Case No. MISSING
Regular Panel Decision

Home Life & Accident Co. v. Wade

This case involves an appeal by the Home Life & Accident Company from an award of the Industrial Accident Board in favor of C. Wade. Wade, an an employee of A. C. MacParlane, sustained injuries while loading steel cranes onto a barge in the navigable Sabine River. The central legal question was whether Wade's maritime injury fell under the Texas Workmen’s Compensation Law or the exclusive admiralty jurisdiction of federal courts. The trial court initially awarded compensation to Wade under state law. However, the appellate court, citing various U.S. Supreme Court precedents and an Attorney General's opinion, concluded that maritime injuries are subject to federal admiralty law, thus precluding state workers' compensation jurisdiction. Consequently, the trial court's judgment was reversed, and the appellate court ruled in favor of the Home Life & Accident Company.

Admiralty lawMaritime jurisdictionWorkers' compensationFederal preemptionState lawInjury at workNavigable watersLongshoremanSabine RiverEmployer liability
References
5
Case No. 08-25-00003-CV
Regular Panel Decision
Jun 30, 2025

Helena Chemical Company v. Philip Bales, Derek Dieringer, Wilber Dieringer, Michael Hoch, CMH Farms, Inc., MH Farms Services, Inc., Whit Braden, Donald Braden and Streicher Farms, Inc.

Helena Chemical Company sought a permissive appeal of a trial court's interlocutory order denying its no-evidence motion for summary judgment in a toxic tort and negligence lawsuit. The Appellees, who are farmers and landowners, filed suit against Helena Chemical, alleging that its aerial application of herbicide negligently spread onto their cotton fields, causing damage to their crops and yields. Helena Chemical contended that the Texas Supreme Court's holding in Helena Chemical Company v. Cox, 664 S.W.3d 66 (Tex. 2023), dictated that the Appellees' expert scientific testimony was unreliable and amounted to no evidence of causation. However, the appellate court denied the petition for permissive appeal, concluding that the applicability of Cox as controlling precedent does not present a 'controlling question of law as to which there is a substantial ground for difference of opinion,' as the standards for admissibility of expert testimony in toxic tort cases are well-established by Texas jurisprudence.

Permissive AppealInterlocutory OrderSummary JudgmentToxic TortNegligenceExpert TestimonyCausationHerbicide DriftCrop DamageTexas Law
References
21
Case No. MISSING
Regular Panel Decision

Glod v. Ashland Chemical Co.

James Glod, and derivatively Lisa Glod, sued Eastman Chemical Products, Inc. and other defendants for injuries, specifically asthma, allegedly caused by exposure to toxic chemicals at Glod's workplace between 1982 and 1985. Defendants moved to dismiss the complaint based on failure to state a cause of action and Statute of Limitations. The court granted dismissal of the seventh cause of action (unspecified statutory violations) and the first and second causes of action (strict liability and negligence) under CPLR 214-c, finding them time-barred. All other causes of action survived dismissal, and the plaintiffs' cross-motions to amend the complaint and declare CPLR 214-c unconstitutional were denied.

Toxic tortStatute of limitationsCPLR 214-cChemical exposureAsthmaPersonal injuryStrict liabilityNegligenceBreach of contractBreach of warranty
References
22
Case No. MISSING
Regular Panel Decision

O'Keefe v. General Accident Insurance

Plaintiff Violet O'Keefe initiated an action against General Accident Insurance Company, alleging disparate treatment and retaliation based on age and sex, violating Title VII, ADEA, and New York Human Rights Law. O'Keefe claimed a discriminatory work environment and unlawful termination following her refusal of a proposed job transfer. The defendant argued O'Keefe's performance was poor and the transfer was a lateral move. The District Court denied the defendant's motion for summary judgment regarding the federal discrimination and retaliation claims, finding a genuine issue of material fact existed as to whether General Accident's reasons for termination were pretextual. However, the Court granted summary judgment for the defendant on the state law claims, declining to exercise pendent jurisdiction.

DiscriminationAge DiscriminationSex DiscriminationTitle VIIADEARetaliationSummary JudgmentEmployment LawPretextPrima Facie Case
References
19
Case No. 09-06-298 CV
Regular Panel Decision
Oct 12, 2006

in Re Exxon Corporation, ExxonMobil Oil Corporation, Individually F/K/A Mobil Oil Corporation and A/K/A Mobil Chemical Company, a Division of ExxonMobile Oil Corporation, Mobil Chemical Company, Inc., Individually and F/K/A Mobil Chemical Corporation

This mandamus proceeding before the Ninth District of Texas at Beaumont addresses whether a trial court can compel a party to present a deponent to detail efforts taken to search for documents. Exxon, defendants in underlying benzene exposure suits by Wilkinson, Hebert, and Stubbs, challenged a trial court's order requiring a deposition regarding their discovery compliance. The Court of Appeals found the order constituted an improper 'fishing expedition' that would invade attorney-client and work product privileges, as it sought to inquire into the mental processes of counsel. The court concluded the trial court abused its discretion and conditionally granted mandamus relief, ordering the trial court to vacate its prior discovery order.

MandamusDiscovery DisputeWork Product PrivilegeAttorney-Client PrivilegeFishing ExpeditionTexas Civil ProcedureOverbroad DiscoveryDepositionCorporate RepresentativeBenzene Exposure
References
6
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