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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

Schreiber v. K-Sea Transportation Corp.

Nicholas Schreiber, a seaman employed by K-Sea Transportation, sustained injuries. After receiving maintenance and medical expenses, he agreed to K-Sea's arbitration program for further claims in exchange for advance wages. Following a deterioration of his condition and additional surgeries, Schreiber sued K-Sea under the Jones Act. K-Sea initiated arbitration, but Schreiber sought to stay it due to the substantial filing fees and his claim of being unaware of his rights. The Supreme Court granted a permanent stay, deeming the agreement unconscionable and a waiver of jury trial rights. This appellate court reversed, finding the agreement was not a release and the financial burden was speculative. The case was remanded to the Supreme Court for a hearing to determine if Schreiber's waiver of Jones Act rights and agreement to arbitrate was freely and knowingly entered into, considering his status as a ward of admiralty.

Jones ActArbitration AgreementSeaman InjuriesPersonal Injury ClaimWaiver of RightsFederal Arbitration ActEmployment ContractsAppellate ReviewRemand for HearingMaritime Law
References
21
Case No. MISSING
Regular Panel Decision

Transcontinental Insurance Co. v. Walsh

Nettie Mae Walsh, the surviving wife of William Robert Walsh, filed a suit for death benefits under the workers' compensation act after her husband's death on September 6, 1977. Mr. Walsh had sustained compensable injuries on March 7, 1975, and was incapacitated until his death. Prior to his death, a third-party action for his injuries, filed by Mr. Walsh and his wife against Sears, Roebuck and Company, was settled for $352,000. Defendant Transcontinental Insurance Company, the worker's compensation insurer, intervened in that action and received $52,000 from the settlement. Transcontinental argued that it was entitled to offset the $200,000 net recovery from the third-party action against Mrs. Walsh's current death benefit claim, citing Article 8307, Section 6a, V.A.T.S. The trial court rendered judgment in favor of Mrs. Walsh, finding her total benefits to be $7,891.21. The appellate court affirmed this judgment, disagreeing with Transcontinental's interpretation of the statute, stating that Mrs. Walsh was not a 'workmen's compensation beneficiary entitled to benefits' at the conclusion of the third-party action, as a new cause of action for death benefits arose only after Mr. Walsh's death.

Workers' CompensationDeath BenefitsOffsetThird Party ActionSettlementSurvivor BenefitsTexas LawAdvance PaymentsLegal BeneficiariesCause of Action
References
3
Case No. MISSING
Regular Panel Decision

Strehle v. United States

Seaman Richard Frances Meyer died on a United States Navy vessel due to entrapment in ropes from a malfunctioning winch. His administratrix, Loretta Strehle, sued the United States under the Public Vessels Act, Jones Act, and Death on the High Seas Act, alleging negligence and unseaworthiness. The court found the United States liable, citing the uncorrected defects in the winches and their "deadman" safety feature. The court rejected the claim of Meyer's contributory negligence. Plaintiff was awarded $28,600 for loss of income to Meyer’s dependents (his four sisters) and $50,000 for Meyer's pain and suffering prior to death, totaling $78,600.

Admiralty LawJones ActDeath on the High Seas ActPublic Vessels ActMaritime NegligenceVessel UnseaworthinessWrongful DeathPain and SufferingLoss of SupportComparative Negligence
References
13
Case No. MISSING
Regular Panel Decision
Nov 18, 1987

In Re the Complaint of DFDS Seaways (Bahamas) Ltd.

The case concerns claims brought by Doris Hettiger and Harold Lavoie, parents of Colleen Skantar, who died in a fire on the M/V Scandinavian Sun in Fort Lauderdale in 1984. The defendant shipowner moved to dismiss their claims for damages. The court examined whether these claims were permissible under general maritime law, supplemented by either the Florida Wrongful Death Act or the Death on the High Seas Act (DOHSA). The court ruled that Harold Lavoie, as a non-dependent parent of an adult child with a surviving spouse, could not recover for 'loss of society' under general maritime law. However, Doris Hettiger's claim for 'loss of services,' characterized as pecuniary loss due to her daughter's free labor in her butcher shop, was deemed potentially compensable, provided dependency could be proven at the time of death. The motion to dismiss was granted for Harold Lavoie but denied for Doris Hettiger, with an evidentiary hearing scheduled for her claim.

Admiralty lawMaritime lawWrongful deathLoss of servicesLoss of societyParental claimsDependencyFlorida Wrongful Death ActDeath on the High Seas ActPecuniary loss
References
46
Case No. M2010-01899-COA-R3-CV
Regular Panel Decision
Jul 21, 2011

Willie J. High v. Sumner County, Tennessee

Willie J. High, an employee of Sumner County, was injured on the job and sought disability benefits. Initially, his disability was treated as permanent partial, leading to a lower settlement offer from Sumner County, which was upheld by the administrative review board. High appealed to the chancery court, which determined the review board should have considered total disability and remanded the case. The Court of Appeals affirmed the trial court's decision, finding the review board acted arbitrarily and capriciously by not considering Mr. High's permanent total disability, and remanded the matter back to the Review Board.

Workers' CompensationPermanent Total DisabilityAdministrative LawArbitrary and CapriciousWrit of CertiorariMedical ImpairmentSumner County PlanRemandAppellate ReviewDisability Benefits
References
9
Case No. MISSING
Regular Panel Decision

Williamson v. Petroleum Helicopters, Inc.

Plaintiffs Kay Williamson, John Richards, and Carol Richards filed a wrongful death suit under the Outer Continental Shelf Lands Act (OCSLA) following a helicopter crash in the Gulf of Mexico that killed James Edward Williamson and John Paul Richards. The crash occurred during transport between offshore platforms. Defendants Petroleum Helicopters, Inc., Eurocopter S.A., and American Eurocopter Corporation moved for partial summary judgment, arguing that the Death on the High Seas Act (DOHSA) should apply, thereby precluding punitive and non-pecuniary damages. The Court found that admiralty jurisdiction existed, leading to the application of maritime law, specifically DOHSA, over OCSLA. Consequently, DOHSA's limitations on damages resulted in the granting of the defendants' motion and the dismissal of the plaintiffs' claims for punitive and non-pecuniary damages.

Wrongful DeathOuter Continental Shelf Lands ActDeath on the High Seas ActAdmiralty JurisdictionMaritime LawSummary JudgmentPunitive DamagesNon-Pecuniary DamagesHelicopter CrashOffshore Platform Accident
References
17
Case No. MISSING
Regular Panel Decision
May 26, 1977

Thompson v. Offshore Co.

This action was brought by the survivors of four American decedents who died when the No. 4 leg of the Drilling Rig GEMINI collapsed in the Gulf of Suez on October 8, 1974. The defendants stipulated liability, and the trial proceeded solely on the issue of damages. The Court made findings of fact regarding the decedents' backgrounds, earnings, and family situations, and applied general maritime law, the Jones Act, and the Death on the High Seas Act to determine pecuniary and nonpecuniary losses. The Court denied recovery for conscious pain and suffering prior to death due to lack of evidence and also denied claims for penalty wages under 46 U.S.C. § 596, finding Sections 621-628 to be the exclusive statutory remedy for deceased seamen's wages. Total damages awarded were $414,000.00, plus unpaid wages for each decedent.

maritime lawwrongful deathdamagespecuniary lossloss of societyJones ActDeath on the High Seas Actoffshore drilling rigseamen's wagespenalty wages
References
55
Case No. MISSING
Regular Panel Decision

Brown v. Eurocopter S.A.

Plaintiffs, the surviving widow and daughter of helicopter pilot Nathan Brown, filed suit after Brown was killed in a crash into an oil platform in the Gulf of Mexico. Initially, the Court ruled that the Death On The High Sea Act (DOHSA) applied, limiting recovery to pecuniary losses. Plaintiffs then moved for the Court to apply DOHSA as amended by the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21). AIR 21 introduced provisions allowing nonpecuniary damages for deaths in commercial aviation accidents occurring beyond 12 nautical miles from shore after July 16, 1996. The Court granted Plaintiffs' motion, determining that Brown’s helicopter flight, an on-demand air taxi service for profit, constituted a "commercial aviation accident" under the plain language of the amended DOHSA statute and consistent with Federal Aviation Regulations. Consequently, Plaintiffs are entitled to recover nonpecuniary damages for loss of care, comfort, and companionship.

DOHSA AmendmentsCommercial Aviation AccidentNonpecuniary DamagesWrongful DeathOCSLAFederal Aviation RegulationsStatutory InterpretationHelicopter CrashMaritime LawGulf of Mexico
References
10
Case No. MISSING
Regular Panel Decision

Rodriguez v. Texas Employers' Insurance Ass'n

This case concerns an appeal from a summary judgment granted in favor of a workers' compensation carrier. The appellant's husband died at work, and the carrier denied death benefits, leading the appellant to sue for benefits under the Workers' Compensation Act and for treble damages under the Texas Deceptive Trade Practices Act (DTPA). While the appellant successfully recovered workers' compensation benefits, the trial court granted summary judgment on the DTPA claim, ruling that the decedent was not a "consumer" as defined by the Act. The appellate court affirmed this decision, concluding that the relationship between the decedent and the compensation carrier was statutory, not contractual, meaning there was no "purchase" of goods or services to establish consumer status under the DTPA. Therefore, the denial of workers' compensation liability alone did not give rise to a cause of action under the Deceptive Trade Practices Act.

Workers' CompensationDeceptive Trade PracticesSummary Judgment AppealConsumer StatusInsurance LiabilityStatutory RelationshipContractual RelationshipDeath Benefits ClaimTreble DamagesAppellate Court Decision
References
2
Case No. MISSING
Regular Panel Decision

New York State Employment Relations Board v. Christ the King Regional High School

The New York State Employment Relations Board initiated a proceeding to enforce its order against Christ the King Regional High School, which mandated good-faith bargaining with the Lay Faculty Association and reinstatement of teachers. The School challenged this order on First Amendment grounds, specifically citing the Free Exercise and Establishment Clauses, arguing for an absolute exemption from the New York State Labor Relations Act. The Supreme Court and Appellate Division ruled in favor of the Board. The Court of Appeals affirmed these decisions, concluding that the Act, being a neutral and generally applicable regulatory measure, did not violate the First Amendment rights of the religious school in its labor relations with lay faculty. The court also upheld the reinstatement of teacher Gaglione, finding insufficient evidence of religious entanglement to preclude it.

First AmendmentFree Exercise ClauseEstablishment ClauseLabor LawCollective BargainingReligious SchoolsLay Faculty RightsEmployment DisputesJudicial ReviewAdministrative Order Enforcement
References
19
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