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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

Johnson v. Fulton Sylphon Division, Robertshaw Controls Co.

Willie J. Johnson, a black male, filed a Title VII lawsuit against his employer, Fulton Sylphon Division of Robertshaw Controls Company, alleging racial discrimination regarding a denied transfer to the Numerical Control Department and subsequent retaliatory discharge. Johnson claimed he was denied promotion due to his race and fired in retaliation for his protected activities. The defendant argued that Johnson's excessive absenteeism, poor work performance, and lack of qualifications were legitimate, non-discriminatory reasons for its decisions. The court found that Johnson failed to establish a prima facie case of discrimination, concluding he was not qualified for the transfer due to his consistent poor work record. Furthermore, his discharge was found to be a result of his ongoing absenteeism and uncooperative attitude, not retaliation. The court ruled in favor of the defendant.

Racial DiscriminationEmployment DiscriminationTitle VIIRetaliatory DischargeAbsenteeismPoor Work PerformancePrima Facie CaseMcDonnell Douglas TestPretextStatistical Evidence
References
18
Case No. MISSING
Regular Panel Decision

Alonso v. Stanley Works, Inc.

Antonio Alonso sued his employer, The Stanley Works, Inc., alleging retaliatory discharge after his employment was terminated while on medical leave for a work-related injury, claiming it was due to his workers' compensation claim. Stanley Works moved for summary judgment, asserting Alonso was terminated under a uniformly enforced six-month leave of absence policy. The trial court granted summary judgment, finding Alonso failed to provide evidence that his termination would not have occurred but for his workers' compensation claim. The appellate court affirmed the trial court's judgment, concluding that the uniform enforcement of a reasonable absence-control policy does not constitute retaliatory discharge under the Texas Labor Code.

Retaliatory DischargeWorkers' CompensationSummary JudgmentLeave of Absence PolicyUniform EnforcementTexas Labor CodeEmployment TerminationAbsence Control PolicyAppellate ReviewWorkplace Injury
References
4
Case No. 034765412M
Regular Panel Decision

McAtee v. Environmental Control Board of the Department of Environmental Protection

The petitioner, Darin E McAtee, sought to annul a New York City Environmental Control Board (ECB) determination that found him in violation of Administrative Code § 28-404.1 and imposed a $4,800 fine. The violation stemmed from a window washing company hired by McAtee, whose worker lacked a rigger's license. McAtee argued that the Administrative Code section was vague as applied to nonsupervisory homeowners and that New York Labor Law preempted local laws regarding window washers. The court found that the ECB's interpretation of the statute had no rational basis, as the code's language did not apply to homeowners who neither hoisted nor supervised the work. Consequently, the court granted McAtee's petition, annulled the ECB's determination, and dismissed the notice of violation.

Workers' CompensationAdministrative LawJudicial ReviewStatutory InterpretationHomeowner LiabilityBuilding CodesRigger LicenseDue ProcessPreemptionNew York City
References
12
Case No. MISSING
Regular Panel Decision

Campbell Cleaning & Dye Works, Inc. v. Porter

This case concerns an appeal regarding a lawsuit filed by Jack Porter and his wife against Campbell Cleaning & Dye Works, Inc. The plaintiffs sought 630 hours of overtime pay for Mrs. Porter, who worked as a laundress, under Article 5169 of Vernon’s Ann.Civ.Statutes. The defendant contended that recovery was not possible as Mrs. Porter also worked in the dry cleaning department, not exclusively the laundry. The trial court found the departments intermingled, making differentiation impossible. The appellate court affirmed the finding that the work fell under the statute but reversed the award of attorney's fees, deeming them non-recoverable.

Overtime PayLaundry IndustryDry CleaningEmployment LawWage DisputeStatutory InterpretationAttorney's FeesTexas Civil ProcedureAppeal DecisionWorker Classification
References
3
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. MISSING
Regular Panel Decision

Wyler Industrial Works, Inc. v. Garcia

Robert Garcia, a pipe-fitter's helper, filed a workers' compensation claim after a work-related injury. He was subsequently terminated by Wyler Industrial Works, Inc., who claimed it was due to a low budget and his unavailability for Saturday work. Garcia sued for wrongful termination, and a jury found Wyler discharged him for filing the claim, awarding $60,000 in damages. Wyler appealed, arguing insufficiency of evidence for both liability and damages, as well as errors in prejudgment interest and jury instructions. The appellate court affirmed the jury's findings, concluding there was sufficient evidence to support Garcia's termination due to his workers' compensation claim and the damage award, and finding no abuse of discretion in the trial court's rulings.

Wrongful TerminationWorkers' Compensation ClaimRetaliationSufficiency of EvidenceLegal InsufficiencyFactual InsufficiencyAbuse of DiscretionPrejudgment InterestJury InstructionsCollateral Source Rule
References
61
Case No. 2018 NY Slip Op 06537 [165 AD3d 667]
Regular Panel Decision
Oct 03, 2018

Matter of Heritage Mech. Servs., Inc. v. Suffolk County Dept. of Pub. Works

This case involves an appeal by Heritage Mechanical Services, Inc. (petitioner) from a judgment denying its petition to annul a determination by the Suffolk County Department of Public Works (DPW). The dispute stemmed from a general construction contract awarded to Posillico/Skanska, JV for a waste water treatment plant upgrade. Heritage was listed as a subcontractor for HVAC work, but a disagreement arose over the agreed-upon amount, with Heritage claiming a higher price for alternates not included in the initial bid figure. DPW approved Posillico's request to perform the HVAC work itself, citing Heritage's refusal as a 'legitimate construction need' under General Municipal Law § 101 (5). The Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding DPW's determination was not arbitrary and capricious, affected by an error of law, or an abuse of discretion, and thus dismissed the proceeding.

Public Works ContractSubcontractor DisputeGeneral Municipal LawCPLR Article 78Administrative ReviewArbitrary and CapriciousProject Labor AgreementHVAC SubcontractBid DisputeContractual Interpretation
References
1
Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. 13-08-00589-CV
Regular Panel Decision
Nov 10, 2010

National Union Fire Insurance Company of Pittsburgh, Pa and Industrial Risk Insurers v. John Zink Company Fisher Controls Company, Inc. Fisher Controls International, Inc. Fisher Controls Installation and Service Company And Valtek, Inc.

This litigation, stemming from refinery explosions and fires in the 1980s, involved an appeal by National Union Fire Insurance Company and Industrial Risk Insurers (the Insurers) against various contractors (the Contractors). The Insurers, as subrogees of Valero Energy Corporation, sought damages for product liability, negligence, breach of contract, and Deceptive Trade Practices Act (DTPA) violations. The core legal dispute centered on whether the Contractors qualified as 'subcontractors' under a master contract between Valero and M.W. Kellogg Construction Company, which contained extensive waiver and release provisions. The appellate court affirmed the trial court's final summary judgment, concluding that the Contractors were indeed subcontractors, the express negligence doctrine did not apply to the post-act release, and Valero had validly waived its DTPA claims, thereby binding its subrogees.

Contractual WaiversSubrogation RightsSummary Judgment AppealExpress Negligence RuleDeceptive Trade Practices ActParol Evidence Rule ApplicationJudicial AdmissionsConstruction ContractsInsurance LitigationThird-Party Beneficiary
References
31
Case No. MISSING
Regular Panel Decision

Brewer v. Lincoln Brass Works, Inc.

The plaintiff, Nathan Brewer, an employee of Lincoln Brass Works, Inc., sustained a work-related back injury in 1992 and received a lump sum workers’ compensation award. Following an aggravation of his injury in 1994 and further surgeries, Mr. Brewer filed a petition for enlarged benefits under Tenn.Code Ann. § 50-6-241(a)(2). The trial court initially granted these benefits, but the workers’ compensation panel reversed, asserting that lump sum payments were final, the petition was time-barred, and findings were insufficient. The Supreme Court addressed the conflict between statutes regarding lump sum finality and award enlargement, holding that lump sum awards can be enlarged if criteria are met, but § 241(a)(2) is not the correct avenue for claims involving subsequent injuries or increased anatomical disability. Consequently, the Court dismissed Brewer’s petition without prejudice, directing that his claim for additional impairment should have been filed as a new, separate action.

Workers' Compensation BenefitsLump Sum Payment FinalityAward EnlargementAnatomical ImpairmentIndustrial Disability RatingSubsequent Work InjuryAggravation of Prior InjuryStatute of Limitations AccrualDisability Benefits ReconsiderationSpinal Disc Rupture
References
6
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