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

Case No. ADJ244571 (VEN 0110022) ADJ3315572 (VEN 0110023) ADJ3817980 (OXN 0145232) ADJ2004405 (OXN 0145234) ADJ4239471 (OXN 0145235)
Regular
Jan 19, 2010

DIANA HARDMAN vs. COMMUNITY MEMORIAL HOSPITAL, AIG DOMESTIC CLAIMS, INC./CHARTIS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, CALIFORNIA COMPENSATION INSURANCE COMPANY, FREMONT COMPENSATION INSURANCE COMPANY, American Home Assurance

This case involves five workers' compensation claims by applicant Diana Hardman against Community Memorial Hospital, with American Home Assurance (AIG) as a defendant insurer. AIG seeks reconsideration of the WCJ's findings, arguing it should only be liable for permanent disability directly arising from injuries covered by its policies, not those covered by insolvent insurers now handled by CIGA. The Appeals Board granted reconsideration, rescinded the WCJ's decisions, and returned the matter for further proceedings. Key issues include the admissibility of a deposition, the apportionment of permanent disability based on recent appellate decisions, and clarification of liability for injuries that occurred during periods covered by multiple insurers, including insolvent ones.

Workers' Compensation Appeals BoardDiana HardmanCommunity Memorial HospitalAIG Domestic ClaimsCalifornia Insurance Guarantee AssociationBroads PireCalifornia Compensation Insurance CompanyFremont Compensation Insurance CompanyOpinion and Order Granting ReconsiderationDecision After Reconsideration
References
8
Case No. MISSING
Regular Panel Decision

Diana G-D v. Bedford Central School District

Diana G-D, a third-grader, was allegedly sexually abused by her stepfather, Cesar Joel Sagastume Morales, between December 2005 and August 2006. Her mother, Ann D., learned of the abuse in August 2006 and reported it to the police, leading to Sagastume Morales's eventual conviction. Diana G-D, through her mother, sued the Bedford Central School District, principal Victoria Graboski, and school psychologist Kelly Cieslinski-Schleuter for negligence in failing to report suspected abuse as required by Social Services Law § 413. The defendants moved for summary judgment, arguing they had no duty to report based on the available information and that any failure was not 'knowing and willful.' The court granted summary judgment for the defendants, finding no 'reasonable cause' to suspect abuse that would trigger a mandatory reporting duty.

Child abuseSexual abuseNegligenceSocial Services LawMandatory reportingSchool liabilitySummary judgmentReasonable causeKnowing and willful failureQualified immunity
References
14
Case No. 14-05-00060-CV
Regular Panel Decision
Apr 27, 2006

Diana J. Kemp v. Rebecca D. Havens

Rebecca D. Havens sued Diana J. Kemp for personal injuries resulting from an automobile collision. Kemp stipulated to liability, and the trial focused on damages for past medical expenses, pain and suffering, and physical impairment, which the jury awarded to Havens. On appeal, Kemp challenged the causal link between the collision and the damages awarded, specifically questioning the evidence of newly herniated disks and the admission of Havens' testimony about needing future surgery. The Fourteenth Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support the jury's verdict as a whole and no cumulative error. The court noted Kemp's failure to preserve certain factual sufficiency complaints and affirmed the trial court's discretion in admitting testimony.

Personal InjuryAutomobile CollisionNegligenceDamagesMedical ExpensesPain and SufferingPhysical ImpairmentHerniated DisksWhiplashExpert Testimony
References
15
Case No. MISSING
Regular Panel Decision

Diana Ruiz Esparza v. University of Texas at El Paso

Diana Ruiz Esparza sued The University of Texas at El Paso (UTEP) under the TCHRA, alleging age, national origin, and gender discrimination, hostile work environment, and retaliation. The trial court dismissed all claims, granting UTEP's plea to the jurisdiction. The appellate court affirmed the dismissal of Esparza's disparate pay, hostile work environment, and retaliation claims. However, the court reversed and remanded Esparza's age, sex, and national origin discrimination claims, allowing her an opportunity to amend her pleadings to include her "without pay" suspensions as adverse employment actions.

DiscriminationEmployment LawAge DiscriminationSex DiscriminationNational Origin DiscriminationHostile Work EnvironmentRetaliationTexas Commission of Human Rights ActTCHRAAdverse Employment Action
References
47
Case No. 08-02-00300-CV
Regular Panel Decision
Feb 20, 2003

Diana D. Olien v. University of Texas of the Permian Basin

Diana D. Olien, a professor at the University of Texas of the Permian Basin (UTPB), filed a lawsuit alleging gender discrimination in hiring and promotional practices. The trial court initially granted summary judgment in favor of UTPB. Olien subsequently filed motions to vacate or for a new trial, asserting she did not receive proper notice of the summary judgment hearing. The trial court denied these motions. The Court of Appeals found that the clerk failed to properly serve notice of the hearing to Olien's counsel, placing it instead in a personal folder at the courthouse, which was not compliant with procedural rules. Consequently, the appellate court concluded that the trial court abused its discretion in denying Olien's motion for a new trial due to lack of notice, as it deprived her of due process. The judgment of the trial court was reversed, and the case was remanded.

gender discriminationsummary judgmentmotion for new trialdue processnotice requirementsabuse of discretionprocedural errorTexas Rules of Civil Procedureappellate reviewdefault judgment
References
12
Case No. 2015-03-0506
Regular Panel Decision
Feb 01, 2017

Diana, Annicia v. ABM Industries, Inc.

Ms. Annicia C. Diana sustained a crush injury to her left wrist while working as a sanitation worker for ABM Industries, Inc. The core legal issue revolved around the causal relationship between Ms. Diana's radial nerve palsy and the work injury, along with the medical necessity of additional diagnostic testing, specifically an EMG/NCS. The authorized treating physician, Dr. John M. Ambrosia, could not establish a direct link between Ms. Diana's radial nerve palsy and her work injury, and his opinion was presumed correct under Tennessee law. Ms. Diana failed to provide sufficient evidence to rebut Dr. Ambrosia's findings. Consequently, the Court denied her request for additional medical benefits and the recommended nerve tests.

Workers' Compensation JudgeExpedited HearingMedical Benefits DenialRadial Nerve PalsyCausal RelationshipMedical NecessityDiagnostic TestingTreating Physician OpinionPresumption of CorrectnessBurden of Proof
References
3
Case No. 01-08-01027-CV
Regular Panel Decision
Feb 11, 2010

Diana G. Offord, as Guardian of the Estate of Winter Gordon, Jr., A/K/A Winter Gordon Sr. v. West Houston Trees, L.L.P.

This case concerns Diana G. Offord's appeal, as guardian of Winter Gordon, Jr., seeking to overturn a default judgment against Gordon via a bill of review. Offord argued the trial court erred in granting summary judgment against her, claiming Gordon was not properly served and was mentally incompetent during the original proceedings. The Court of Appeals, First District of Texas, affirmed the trial court's judgment. The appellate court found no evidence to dispute that Gordon was served with the petition and trial notice. Furthermore, Offord's evidence of Gordon's mental incapacity was deemed too remote in time to establish incompetence at the time of service, failing to overcome the legal presumption of competence.

Bill of ReviewSummary JudgmentDue ProcessMental IncapacityService of ProcessDefault JudgmentGuardianshipAppellate ReviewTexas LawEvidence Admissibility
References
28
Case No. 05-20-00936-CV
Regular Panel Decision
May 25, 2022

Diana Convenience, LLC, HQ Food, Inc., Hajar Convenience, LLC, Shark Phones, LLC, and AMK Convenience, LLC v. Dollar ATM, LLC

The Fifth District Court of Appeals of Texas at Dallas affirmed in part and vacated in part the judgment from Collin County. Appellants, Diana Convenience, LLC, et al., appealed a judgment awarding damages to Dollar ATM, LLC for breach of contract, specifically challenging pre-trial orders imposing discovery sanctions. The appellate court affirmed the trial court's "death penalty sanctions" against the appellants, finding that their repeated failure to comply with discovery requests and resistance to providing material evidence justified the severe sanctions, establishing that the signatories had authority and prohibiting them from contesting ATM revenue. However, the court vacated a prior award of $1,050 in attorney's fees, ruling it was not supported by legally sufficient evidence of reasonableness.

Discovery SanctionsBreach of ContractAttorney's FeesAppellate ReviewAbuse of DiscretionDue ProcessTexas Civil ProcedureMemorandum OpinionDeath Penalty SanctionsMotion to Compel
References
15
Case No. 03-05-00837-CV
Regular Panel Decision
Dec 23, 2008

Diana Foster v. Texas Retirement System, Trustee for Texas Public Retired School Employees Group Insurance Program Aetna Life Insurance Company And Aetna Health Management, LLC

Diana Foster, a retired teacher, sued the Teacher Retirement System of Texas (TRS) and its insurance administrators, Aetna, after her claim for intravenous immune globulin infusion therapy (IVIG) was denied. She asserted claims for breach of contract, breach of the duty of good faith and fair dealing, violations of the insurance code, and deceptive trade practices, along with a request for declaratory judgment. The trial court granted appellees' pleas to the jurisdiction, dismissing the lawsuit without prejudice, citing sovereign immunity. Foster appealed, arguing her declaratory judgment claim was not barred, legislative immunity was waived, the administrative procedures act provided for judicial review, and Aetna was not protected by sovereign immunity. The appellate court affirmed the trial court's dismissal, finding that sovereign immunity applied to TRS and, by extension, to Aetna as its agent, and that Foster's claims did not fall under any exceptions for judicial review or waiver of immunity.

Sovereign ImmunityGovernment AgencyInsurance DisputeDeclaratory JudgmentAdministrative Procedures ActAgency AdjudicationJudicial ReviewBreach of ContractDuty of Good Faith and Fair DealingDeceptive Trade Practices Act
References
26
Case No. NO.05-15-O1362-CV
Regular Panel Decision
Dec 21, 2015

Diana Fay Bass v. Richard H. Bass

The appellant, Diana Fay Bass, appeals various orders, including an Emergency Ex Parte Motion for Appointment of Receiver and an Order on Motion for Emergency Ex Parte Motion for Appointment of Receiver, both dated November 2, 2015. She argues that the Ex Parte Hearing fraudulently granted Power of Attorney to the appellee, Richard Bass, enabling him to illegally sell her homestead and separate property. Diana Bass contends the Mediated Settlement Agreement (MSA) and Divorce Settlement are void due to fraud, misrepresentation, coercion, and the absence of proper property division. She further alleges Richard Bass breached fiduciary duties and committed constructive fraud by concealing asset sales and failing to provide her rightful share. Diana Bass seeks a reversal of the trial court's orders, a declaratory judgment of $450,000, payment of medical bills and future attorney's fees, and spousal maintenance.

DivorceProperty DisputeFraudulent InducementMediated Settlement AgreementEx Parte OrderTexas LawCommunity PropertySeparate PropertyBreach of Fiduciary DutyConstitutional Violation
References
14
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