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

Case No. 2019-03-1017; 46052-2019
Regular Panel Decision
Mar 18, 2020

Friend, Kenneth v. Staples Contract and Commercial, LLC

The employee, Kenneth Friend, a sales manager, suffered a right knee injury while performing work activities over June 19-20, 2019, which was diagnosed as a meniscal tear requiring surgery. The employer, Staples Contract and Commercial, LLC, denied the claim, arguing the injury was acute and not a compensable gradual injury by specific incident. The trial court ordered medical benefits and surgery but denied temporary disability benefits, leading both parties to appeal. The Appeals Board affirmed the trial court's decision, finding the employee's injury arose from a "set of incidents" identifiable by time and place, thus meeting the statutory definition for a compensable accidental injury. The Board also upheld the denial of temporary disability benefits due to the employee's waiver for certain weeks and work for his family's business.

Workers' CompensationKnee InjuryMeniscal TearAcute InjurySet of IncidentsTemporary Disability BenefitsMedical BenefitsExpedited HearingAppellate ReviewTennessee Law
References
6
Case No. MISSING
Regular Panel Decision

Hartford Accident & Indemnity Co. v. Commercial Union Insurance

This case involves a dispute between two insurance companies, Hartford Accident and Indemnity Company (excess insurer) and Commercial Union Insurance Company (primary insurer), concerning liability for an injury claim. Michael Jutt, an employee of Minuteman Press International, Inc., was injured while on a Minuteman-owned boat. Commercial Union, the primary insurer, denied coverage and refused to defend Minuteman, leading Hartford, the excess insurer, to provide defense and settle Jutt's claim for $135,000. Hartford subsequently sued Commercial Union for breach of fiduciary duty. The District Court affirmed Hartford's standing to sue, recognizing a direct fiduciary duty owed by a primary insurer to an excess insurer, and found that the "paid employees" exclusion in Commercial Union's policy was ambiguous. Consequently, the Court ruled in favor of Hartford, ordering Commercial Union to pay $135,000 plus interest.

Insurance LawExcess InsurancePrimary InsuranceFiduciary DutyEquitable SubrogationPolicy ExclusionAmbiguous Contract TermDeclaratory Judgment ActionStanding to SueMarine Insurance
References
5
Case No. W2019-02089-COA-R3-CV
Regular Panel Decision
Mar 11, 2022

Commercial Painting Company INC. v. The Weitz Company LLC

This is the third appeal in a commercial construction project dispute between general contractor Weitz Company, LLC and subcontractor Commercial Painting Company, Inc. Commercial Painting originally sued Weitz for damages, including intentional misrepresentation and breach of contract, resulting in a jury award of $1,729,122.46 in compensatory damages and $3,900,000.00 in punitive damages, plus interest and attorney's fees. On appeal, the Court of Appeals of Tennessee held that the economic loss rule applies to construction contracts between sophisticated commercial entities, thus barring the fraud claim and punitive damages. The court affirmed the compensatory damages for breach of contract but reversed the punitive damages and pre/post-judgment interest due to contractual waivers. The attorney's fees award was vacated and remanded for reconsideration to reflect only those fees related to the affirmed compensatory damages.

Commercial ConstructionSubcontractor DisputeBreach of ContractFraudulent MisrepresentationEconomic Loss RulePunitive DamagesCompensatory DamagesAttorney's FeesPre-judgment InterestPost-judgment Interest
References
11
Case No. MISSING
Regular Panel Decision

Valdez v. Commercial Union Assurance Companies

Carlos Valdez, the appellant, sued Commercial Union Assurance Companies to set aside a worker's compensation settlement. Valdez sustained an ankle injury while working for NAPA and later complained of back pain, which Dr. Langston reported as non-existent. Valdez settled for $2,000, but subsequently underwent back surgery for a ruptured disc. He alleged fraud, claiming reliance on false representations by Dr. Langston, whom he claimed was an agent of Commercial Union. The jury found that Dr. Langston's representation was false and material to Valdez's decision, but failed to find that Commercial Union used the reports to induce the settlement or that Dr. Langston was their agent. The appellate court affirmed the trial court's judgment, finding no evidence that the appellee used the reports to induce the settlement or that Dr. Langston was their agent.

Compromise SettlementFraudulent InducementMedical MisrepresentationAppellate AffirmationAgent AuthorityJury Verdict ReviewBack Injury ClaimWorker's Injury SettlementInsurance DisputeTreating Physician Role
References
3
Case No. W2013-01989-COA-R3-CV
Regular Panel Decision
Nov 18, 2014

Commercial Painting Company, Inc. v. The Weitz Company, LLC

This case involves a construction contract dispute between subcontractor Commercial Painting Company, Inc. and general contractor The Weitz Company, LLC. The trial court initially granted summary judgment in favor of Weitz on Commercial Painting's tort claims, but subsequently awarded judgment to Commercial Painting on other issues after trial. On appeal, the Court of Appeals found that the trial court applied an incorrect standard when granting summary judgment on the tort claims, including fraud, misrepresentation, and rescission. Consequently, the appellate court vacated the summary judgment order and remanded the case, declining to address other contractual issues, as their resolution could be affected by the renewed consideration of the tort and rescission claims.

Construction ContractSummary JudgmentContract DisputeTort ClaimsNegligent MisrepresentationIntentional MisrepresentationRescissionPunitive DamagesAppellate ReviewVacated and Remanded
References
37
Case No. MISSING
Regular Panel Decision

Superior Commercial Carpet Service, Inc. v. American Chain & Cable Co.

Bessie Highsmith sued Superior Commercial Carpet Service, Inc. for injuries sustained while working for American Chain and Cable Co., Inc. Superior Commercial Carpet Service, Inc. then filed a third-party action against American Chain and Cable Co., Inc., seeking indemnity and contribution based on alleged employer negligence. The trial court granted summary judgment for the employer, citing the Texas Workers’ Compensation Act as a bar to the third-party claim. On appeal, Superior Commercial Carpet Service, Inc. argued that the employer should remain a party to allow for apportionment of negligence under the Texas Comparative Negligence Act, even without financial liability. The appellate court affirmed the summary judgment, concluding that no legal requirement exists to keep a non-liable employer as a third-party defendant for abstract negligence apportionment.

Workers' CompensationComparative NegligenceSummary JudgmentThird-Party ActionIndemnityContributionEmployer ImmunityAppellate ProcedureStatutory InterpretationTexas Law
References
9
Case No. MISSING
Regular Panel Decision

Commercial Standard Insurance Company v. Villa

Lonardo Villa filed a workmen's compensation case against Commercial Standard Insurance Company seeking benefits for total and permanent incapacity resulting from an employment injury. The jury found in favor of Villa, a decision upheld by the trial court, prompting an appeal from the insurance company. Appellant Commercial Standard raised multiple points of error, primarily challenging the method of calculating Villa's wage rate and the finding of permanent disability. The appellate court examined the sufficiency of evidence regarding the wage rate determination under Article 8309 and the medical testimony supporting Villa's permanent incapacity. Concluding that all points raised by the appellant lacked merit, the court affirmed the trial court's judgment.

Workmen's CompensationTotal Permanent IncapacityWage Rate CalculationJury VerdictAppellate ReviewEmployer LiabilityMedical EvidenceProcedural ErrorStatutory InterpretationTexas Law
References
18
Case No. MISSING
Regular Panel Decision

Commercial Insurance Co. of Newark v. Edmonds

Fred Seal, an employee of Shivers Well Service, Inc., was killed in a 1975 collision. Commercial Insurance Company of Newark, New Jersey, the worker’s compensation carrier for Shivers, paid death benefits to Seal's wife, Thelma Seal. Thelma Seal settled a negligence suit against Edmonds Brothers Farms, whose driver caused the collision, receiving $35,000 from Southern Farm Bureau Casualty Insurance Company. Commercial Insurance Company then sued under Tex. Rev. Civ. Stat. Ann. art. 8307, § 6(a), asserting subrogation rights for potential future compensation payments. The trial court granted summary judgment for the defendants, finding no justiciable controversy. The appellate court affirmed this decision, stating that courts cannot pass upon hypothetical or contingent situations under the Declaratory Judgments Act.

Worker's CompensationSubrogation RightsSummary JudgmentJusticiable ControversyDeclaratory Judgments ActThird-Party TortfeasorStatute of LimitationsDeath BenefitsInsurance LawTexas Law
References
8
Case No. 18 Misc. 0302
Regular Panel Decision

Mones v. Commercial Bank of Kuwait

Mones moved the Court to reconsider its July 12, 2005 Order, which denied his motion for contempt and vacated a turnover order. The original turnover order required Commercial Bank of Kuwait (CBK) to transfer judgment debtors' assets from Kuwait to the Southern District of New York. The Court previously determined that the turnover order was invalid under New York law, which does not grant authority to compel third parties to transfer assets from outside the jurisdiction. Mones argued that the Court had the authority and that CBK should be held in contempt for non-compliance regardless of the order's validity. The Court denied the motion for reconsideration, reiterating that it lacked authority to issue the turnover order and that contempt was inappropriate for an invalid order, finding no new controlling decisions or factual matters presented by Mones.

Motion for ReconsiderationContemptTurnover OrderJurisdictionAsset TransferJudgment EnforcementInvalid OrderThird-Party LiabilityKuwaiti BankCivil Procedure
References
15
Case No. MISSING
Regular Panel Decision

Villa v. Commercial Union Insurance Co.

Domingo Villa appealed a take-nothing judgment in a worker's compensation case against Commercial Union Insurance Company. Villa claimed several errors, including the underrepresentation of Mexican-Americans on jury panels in Hale County, the admission of evidence regarding a previous injury, and the jury's failure to find total and permanent incapacity due to his 1978 injury. The court found Villa failed to establish a prima facie case of discrimination in jury selection. The court also upheld the admission of his prior injury claim as an admission against interest and found the jury's findings on incapacity were not against the great weight of the evidence. Consequently, the court affirmed the trial court's judgment.

Jury DiscriminationMexican-American UnderrepresentationEvidentiary RulingsPrior Injury AdmissibilityTotal Incapacity ClaimPartial IncapacityAppellate ProcedureHale CountyTexas JurisprudenceAdmission Against Interest
References
10
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