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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
Jun 05, 1981

Zavarella v. Swayze

The petitioner, a supervising social worker for the Cortland County Mental Health Board, challenged Resolution No. 515 passed by the Cortland County Legislature, which abolished his position and created a new, less remunerative one. He sought reinstatement with back pay through a CPLR article 78 proceeding. Special Term dismissed the petition, and the petitioner appealed. The Appellate Division affirmed the dismissal, finding that the Cortland County Legislature had the authority to abolish the position under County Law § 204, and the petitioner failed to prove bad faith.

Position AbolitionCounty Legislature AuthorityMental Hygiene LawCounty LawGood Faith BurdenCPLR Article 78Government EmploymentJudicial Review
References
2
Case No. MISSING
Regular Panel Decision

Claim of Hulbert v. Cortland County Sheriff's Department

Claimant, a former Cortland County Sheriff’s Deputy, sustained severe work-related injuries in 1981, leading to permanent disability and awarded workers' compensation benefits. Subsequently, the self-insured employer disputed medical bills incurred between 2005 and 2006 for a pacemaker infection, suspecting the claimant settled a third-party malpractice action without consent. The Workers’ Compensation Law Judge (WCLJ) found in favor of the medical providers due to the employer's failure to present evidence of such a settlement despite multiple adjournments. The Workers’ Compensation Board affirmed the WCLJ's decision, citing the employer's lack of diligence in timely submitting evidence, including a stipulation of discontinuance. The employer's appeal for full Board review was also denied.

Workers' CompensationThird-Party ActionMalpractice SettlementEmployer ConsentForfeiture of BenefitsAdjournment DenialBoard ReviewDue DiligenceEvidence SubmissionPanel Decision
References
9
Case No. 06-22-00022-CV
Regular Panel Decision
Nov 16, 2022

Cynthia Martin v. Hopkins County, Hopkins County Judge Robert Newsom, Hopkins County Commissioner Mickey Barker, Hopkins County Commissioner Greg Anglin, Hopkins County Commissioner Wade Bartley, and Hopkins County Commissioner Joe Price

Cynthia Martin raised ultra vires claims against Hopkins County officials regarding an agreement with a private company to build a solar power plant. Martin contended the agreement was a tax abatement under Texas Local Government Code Chapter 381, Section 381.004(g), which she argued did not comply with the Texas Tax Code provisions. The County and officials asserted the agreement was a grant of public money under Section 381.004(h), thus not governed by the Texas Tax Code. The trial court granted summary judgment in favor of the County. The Court of Appeals affirmed, concluding that the agreement was for a grant of public funds, not a tax abatement, because the developer was obligated to pay all ad valorem taxes, and the payments from the county were program grants calculated with reference to those paid taxes, not a reduction or nullification of the tax liability itself.

Ultra Vires ClaimsEconomic Development AgreementTax AbatementPublic Funds GrantTexas Local Government Code Chapter 381Texas Tax Code Chapter 312Summary JudgmentAppellate ReviewContract ConstructionStatutory Construction
References
39
Case No. 13-14-00293-CV
Regular Panel Decision
Feb 26, 2015

San Patricio County, Texas v. Nueces County, Texas and Nueces County Appraisal District

This is a reply brief filed by San Patricio County, Texas, in an appeal against Nueces County and Nueces County Appraisal District. The core issue revolves around unresolved boundary disputes between the two counties, leading to double taxation for industrial taxpayers like Occidental Petroleum Company. San Patricio County argues that the Nueces County District Court lacked jurisdiction and venue, and erred in granting summary judgment without determining the boundary line. They assert that the 2003 Judgment, which declared 'natural and artificial modifications to the shoreline of San Patricio County shall form a part of San Patricio County,' includes docks, piers, and similar facilities as part of their county, consistent with maritime law and riparian rights. The county seeks reversal of the trial court's decision, either for transfer back to a neutral Refugio County District Court, or for a judgment declaring the disputed properties within San Patricio County's jurisdiction, or for a remand to resolve factual issues concerning the boundary.

County Boundary DisputeJurisdictionVenueSummary JudgmentCollateral Attack2003 Judgment InterpretationShoreline ModificationsDocks and PiersRiparian RightsTaxation Dispute
References
23
Case No. 2021 NY Slip Op 02202 [193 AD3d 1202]
Regular Panel Decision
Apr 08, 2021

Matter of Barber v. County of Cortland

Richard J. Barber, a correction officer, sustained work-related injuries, including to his jaw, post-concussive syndrome, and photophobia, after being assaulted by an inmate. His claim for workers' compensation benefits was established, and a Workers' Compensation Law Judge (WCLJ) later amended the claim to include a head injury, finding him totally industrially disabled. The self-insured employer, County of Cortland, sought review from the Workers' Compensation Board, challenging the total industrial disability finding. However, the Board denied the application for review due to the employer's failure to fully answer question 15 on form RB-89, specifically regarding the temporal element of the objection raised. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion in denying the application for review due to non-compliance with regulatory requirements.

Workers' CompensationIndustrial DisabilityForm RB-89Administrative ReviewRegulatory ComplianceAppellate DivisionThird DepartmentSelf-insured EmployerObjection TimelinessWorkers' Compensation Board
References
17
Case No. No. 08-22-00029-CV (TC# 2021DCV1132)
Regular Panel Decision
Mar 27, 2023

Ricardo A. Samaniego, in His Official Capacity as County Judge, Carlos Leon, in His Official Capacity as County Commissioner, David Stout, in His Official Capacity as County Commissioner, Illiana Holguin, in Her Official Capacity as County Commissioner, Carl L. Robinson, in His Official Capacity as County Commissioner v. Associated General Contractors of Texas, Highway, Heavy, Utilities & Industrial Branch and a Brothers Milling, LLC

The El Paso County Commissioners Court, including County Judge Ricardo A. Samaniego and Commissioners, appealed the denial of their plea to the jurisdiction. They were sued by Associated General Contractors of Texas and A Brothers Milling, LLC, who alleged the Commissioners Court acted ultra vires in setting prevailing wage rates for heavy-highway construction projects in El Paso County. The Appellants argued governmental immunity shielded them and that their wage determinations were final. The appellate court affirmed the trial court's denial, concluding that the Appellees had sufficiently pleaded an ultra vires claim, which falls within the trial court's subject-matter jurisdiction. The court clarified that ultra vires acts by public officials are not considered acts of the state and therefore are not subject to the finality clause.

Governmental ImmunityUltra Vires ActPrevailing Wage RatePublic WorksSubject Matter JurisdictionInterlocutory AppealPlea to the JurisdictionTexas Government CodeStatutory InterpretationEl Paso County
References
16
Case No. 13-05-075-CV, 13-05-022-CV
Regular Panel Decision
Jan 07, 2005

San Patricio County v. Nueces County

This case involves appeals between San Patricio County and Nueces County concerning a boundary dispute, a tax suit, and a bill of review. San Patricio County initially sought a declaratory judgment to establish the boundary and an accounting for ad valorem taxes. The trial court's 2003 boundary judgment was affirmed. However, Nueces County filed a bill of review to challenge the boundary judgment due to alleged lack of notice, which the appellate court reversed and rendered in favor of San Patricio County. Separately, the trial court dismissed San Patricio's tax suit against Nueces on governmental immunity grounds, which the appellate court reversed and remanded, finding that immunity did not apply to unauthorized tax collections.

Boundary DisputeTax LitigationBill of ReviewGovernmental ImmunitySummary JudgmentAppellate ReviewDeclaratory JudgmentCounty GovernmentJurisdictional IssueTexas Law
References
64
Case No. MISSING
Regular Panel Decision

White v. County of Cortland

The case addresses whether a corrections officer must prove that job duties caused or contributed to a disability in a 'substantial degree' to qualify for General Municipal Law § 207-c benefits. The petitioner, a corrections officer, suffered work-related heart problems. The County denied his claim, citing a lack of 'substantial degree' of causation. The Supreme Court and Appellate Division found this to be an error of law, which was affirmed by the Court of Appeals. The Court held that section 207-c only requires a direct causal relationship, and preexisting conditions do not bar recovery if job duties were a direct cause.

Disability BenefitsCorrections OfficerHeart ConditionWork-Related InjuryCausal LinkStandard of ProofGeneral Municipal LawPreexisting ConditionAppellate ReviewNew York Law
References
8
Case No. 04-13-00080-CV
Regular Panel Decision
Jul 17, 2013

Nelson Wolff, County Judge of Bexar County Texas, Bexar County Commissioners Paul Elizondo, Tommy Adkisson, Sergio Chico Rodriguez and Kevin Wolff And Bexar County, Texas v. Deputy Constables Association of Bexar

The Deputy Constables Association of Bexar County sued Nelson Wolff, et al., alleging a violation of the Fire and Police Employee Relations Act for failing to engage in collective bargaining. The case originated from the trial court's denial of Wolff's plea to the jurisdiction and motion to dismiss. The central legal question on appeal was whether the Deputy Constables possessed the standing to collectively bargain under Texas Local Government Code Chapter 174, which restricts this right to "police officers" employed in a political subdivision's "police department." The Fourth Court of Appeals in San Antonio, Texas, analyzed relevant statutory definitions and precedent, distinguishing between the Sheriff's Office (considered a "police department" for the county) and the Constable's Office. Concluding that Deputy Constables are not employed by the "police department" or the Sheriff's Office, the court determined they do not meet the statutory definition of "police officer" and thus lack standing to pursue their claim. Consequently, the appellate court reversed the trial court's decision and rendered judgment in favor of Wolff, dismissing the suit.

Collective BargainingStandingPolice OfficersLocal Government CodeBexar CountyConstable's OfficeSheriff's OfficeStatutory InterpretationAppellate ReviewPlea to Jurisdiction
References
15
Case No. 14-08-00193-CV
Regular Panel Decision
Jan 28, 2010

Gregory R. Mattox and Barbara Wilkerson v. County Commissioners' Court-Grimes County, Betty Shiflett-Grimes County Judge, John Bertling-County Commissioner Pct 1., and Pam Finke-County Commissioner Pct 4

The case involves Gregory R. Mattox and Barbara Wilkerson (appellants) appealing a trial court's denial of their petition for a writ of mandamus. They sought to compel the Grimes County Commissioners Court and specific county officials (appellees) to cancel a roadway dedication on a portion of Hill Forest Lane that encroached on their property. The core dispute centers on whether the cancellation of the roadway dedication was a mandatory ministerial act under Texas Local Government Code section 232.008(e) or a discretionary act under section 232.008(h), which applies if the cancellation would prevent the interconnection of infrastructure to pending or existing development. The appellate court found that genuine issues of material fact existed regarding the applicability of section 232.008(h), specifically concerning the existence of a "proposed interconnection" and "pending or existing development" on an adjacent property. Consequently, neither party was entitled to summary judgment as a matter of law. The court reversed the trial court's summary judgment in favor of appellees and remanded the case for further proceedings.

Roadway DedicationWrit of MandamusLocal Government CodeSummary JudgmentStatutory InterpretationProperty RightsSubdivision CancellationMinisterial ActDiscretionary ActAppellate Review
References
26
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