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Case Law Database

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

Case No. 14-09-00473-CV
Regular Panel Decision
Sep 14, 2010

Zeno Digital Solutions, L.L.C. v. K Griff Investigations, Inc.

Zeno Digital Solutions, L.L.C. appealed a trial court's judgment awarding K Griff Investigations, Inc. lost profit damages. K Griff had sued Zeno for violations of the Deceptive Trade Practices Act, fraud, negligent misrepresentation, and breach of contract after copiers sold by Zeno experienced mechanical problems. The trial court awarded K Griff lost profits, repair costs, and attorney's fees. Zeno contended that the lost profit award was unsupported by evidence, specifically arguing K Griff failed to account for expenses and improperly based calculations on gross revenue instead of net profits. The appellate court agreed, finding the evidence legally insufficient to prove lost profit damages. Therefore, the appellate court reversed the lost profit damages award and affirmed the remainder of the trial court's judgment.

DamagesLost ProfitsGross RevenueNet ProfitsDeceptive Trade Practices ActFraudNegligent MisrepresentationBreach of ContractCopiersEquipment
References
12
Case No. 2015-07-0467
Regular Panel Decision
May 06, 2016

Parrish, Robert v. Digit Dirt Worx

This case involves an expedited hearing initiated by employee Robert Parrish, who sought additional temporary disability benefits, arguing that his weekly compensation rate was incorrectly calculated by his employer, Digit Dirt Worx. Mr. Parrish claimed he worked only twenty weeks, not the twenty-three weeks calculated by Digit Dirt Worx. The employer, Digit Dirt Worx, argued the request for an expedited hearing was untimely and that their compensation rate calculation was correct, utilizing a period of twenty-three weeks and five days, which resulted in a higher rate for Mr. Parrish than his own calculations. The Court addressed the timeliness issue, excusing the ten-day late filing due to Mr. Parrish's clear intent to prosecute the claim. However, on the merits, the Court denied Mr. Parrish's claim, finding insufficient evidence to support his argument for a different compensation rate and concluding that Digit's calculation was consistent with Tennessee law.

Expedited HearingTemporary Disability BenefitsWeekly Compensation RateWage CalculationTimeliness of FilingDispute Certification NoticeAverage Weekly WageFortuitous CircumstanceTruck Driver EmploymentFile Review Decision
References
7
Case No. MISSING
Regular Panel Decision

Mayfield v. Employers Reinsurance Corp.

Calvin A. Mayfield claimed a July 24, 1973, injury while working for Texas Tubular Products, which was appealed by their insurer, Employers Reinsurance Corporation. The case centered on the admissibility of evidence regarding Mayfield's prior injuries and the sufficiency of evidence to support the jury's finding that he was not injured on the date in question. Mayfield's treating physician linked his condition to the 1973 injury, while the defense introduced evidence of other injuries and testimony suggesting no injury occurred on July 24, 1973. The jury found Mayfield was not injured, leading to a take-nothing judgment, which the appellate court affirmed, finding no error in the admission of evidence or the jury's finding.

Workmen's CompensationAdmissibility of EvidenceOther InjuriesSole Producing CauseJury FindingSufficiency of EvidencePrior ClaimsSettlementsLump Sum RecoveryHardship
References
9
Case No. 2015-07-0467
Regular Panel Decision
Jun 15, 2016

Parrish, Robert v. Digit Dirt Work, Inc.

In this interlocutory appeal, the employee alleges the employer miscalculated his average weekly wage by failing to exclude certain non-work days from the calculation. The trial court, after reviewing the file, determined the employee lacked sufficient evidence to likely prevail on this issue at a merits hearing. As a result, the court denied the employee's request for additional temporary disability benefits, prompting an appeal. Finding no error in the trial court's order, the Appeals Board affirmed the decision and remanded the case for any necessary further proceedings.

Average Weekly WageTemporary Disability BenefitsExpedited HearingSufficiency of EvidenceInterlocutory AppealWorkers' Compensation Appeals BoardEmployer MiscalculationDispute CertificationTrial Court ReviewRemand
References
1
Case No. MISSING
Regular Panel Decision

Koninklijke Philips Electronics v. Digital Works, Inc.

This case involves a breach of contract dispute between Koninklijke Philips Electronics N.V. (plaintiff) and Digital Works, Inc. (defendant) concerning a Compact Disc Patent License Agreement. Philips initiated the lawsuit in New York State Court, asserting breach of contractual obligations, which Digital Works subsequently removed to federal court. Digital Works also moved to dismiss the claims based on lack of personal jurisdiction and improper venue. The court upheld the validity and enforceability of the Agreement's forum selection clause, which mandated jurisdiction in New York and included a waiver of objection to jurisdiction and venue by Digital Works. Consequently, the defendant's motion to dismiss was denied, and the plaintiff's motion to remand the action back to the New York State Supreme Court, Westchester County, was granted. However, Philips' request for attorney's fees and costs incurred due to the removal was denied, as the court found Digital Works' removal was not frivolous.

Breach of ContractPatent LicensingForum Selection ClausePersonal Jurisdiction WaiverRemoval JurisdictionContract EnforcementDiversity ActionChoice of ForumContractual WaiversCommercial Dispute
References
30
Case No. MISSING
Regular Panel Decision

Apresa v. Montfort Insurance Co.

Justice Larsen dissents, arguing that the trial court abused its discretion by denying the plaintiff the opportunity to reopen evidence for a "simple, technical point essential to his case." The dissent highlights the second prong of the standard for reopening evidence under Tex.R.Civ.P. 270, emphasizing that discretion should be liberally exercised to fully develop a case in the interest of justice. Justice Larsen applies the four factors from Hill v. Melton: decisiveness, no undue delay, prevention of injustice, and diligence. The dissent concludes that the proffered testimony was decisive, its reception would not cause undue delay, and refusing it resulted in injustice, particularly in a workers' compensation case where laws should be liberally construed. The dissent also argues that the majority misapplies the diligence requirement, which should apply after a party rests and closes its case, not during the case-in-chief, especially when evidence had not yet been closed.

Appellate ProcedureReopening EvidenceTrial Court DiscretionAbuse of DiscretionInterest of JusticeDiligence RequirementWorkers' Compensation LawTexas Rules of Civil ProcedureDissenting OpinionManifest Injustice
References
9
Case No. ADJ3156337 (FRE 0209931) ADJ4199467 (FRE 0209932)
Regular
Nov 20, 2008

FRANK FLORES vs. NICKEL'S PAYLESS STORES, WAUSAU INSURANCE COMPANIES, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINSITRATORS

The Workers' Compensation Appeals Board granted reconsideration of an award for a 1999 right foot and ankle injury, specifically addressing the defendant's claims of error in permanent disability calculation without apportionment and the exclusion of medical evidence. The Board intends to admit the Agreed Medical Evaluator's reports into evidence, which the WCJ had previously excluded. This decision will allow the Board to review all relevant medical evidence before making a final determination on apportionment and the applicant's claimed injuries.

Workers Compensation Appeals BoardIndustrial InjuryPermanent Partial DisabilityApportionmentAgreed Medical EvaluatorSubstantial Medical EvidenceAdmissibility of EvidencePetition for ReconsiderationAmended Findings Award and OrderMinutes of Hearing
References
0
Case No. ADJ8518632
Regular
May 09, 2017

HORACIO MONTOYA vs. CBC FRAMING, INC., ARCH INSURANCE COMPANY, A B GALLAGHER BASSETT

The WCAB granted the defendant's Petition for Removal regarding a prior WCJ order compelling a Functional Capacity Evaluation. Removal was granted because the WCJ's order was based on a medical report that had not been formally admitted into evidence, preventing meaningful review. The Board will now admit the defendant's medical report into evidence for the limited purpose of determining the Petition for Removal. This action is an extraordinary remedy due to the prejudice caused by relying on unadmitted evidence.

RemovalFunctional Capacity EvaluationIndustrial InjuryPrejudiceIrreparable HarmAdmitted EvidenceQualified Medical EvaluationExhibit AAdministrative Law JudgePetition for Removal
References
4
Case No. MISSING
Regular Panel Decision

In re Miranda UU.

This case concerns an appeal from a Family Court order in Tioga County which dismissed a petition to declare Miranda UU., a child, abused by her stepfather (the respondent). Miranda alleged sexual abuse by the respondent, stating he digitally penetrated her and exposed himself. The case was complicated by Miranda having been previously sexually molested by her half-brother. During the initial hearing, Miranda's statements were presented through her mother, a caseworker, and a therapist, supported by validation evidence. The respondent denied the allegations, and his stepdaughter contradicted Miranda's claim of observing other abuse. Two clinical psychologists also testified against the abuse claims. The Family Court found that the petitioner failed to establish abuse by a fair preponderance of the evidence, citing a lack of physical evidence, the impact of prior abuse on behavioral symptoms, doubts about Miranda's credibility, and conflicting expert opinions. The appellate court affirmed the Family Court's decision, emphasizing that the lower court's credibility determinations and weighing of evidence were entitled to deference.

Child AbuseSexual AbuseFamily Court Act Article 10Credibility AssessmentAppellate ReviewEvidentiary StandardsPreponderance of EvidenceMedical Examination FindingsExpert Witness TestimonyValidation Evidence
References
2
Case No. MISSING
Regular Panel Decision

People v. Rodriguez

The defendant, indicted for resisting arrest and DWI, filed a motion to prevent the District Attorney from using evidence of his refusal to take a chemical test at trial. The defendant argued that admitting such evidence violates his Fifth Amendment rights against self-incrimination, despite a 1973 amendment to Vehicle and Traffic Law § 1194 that permitted it. The court analyzed precedents, distinguishing between the non-testimonial nature of the test itself and the communicative nature of a refusal. It concluded that a refusal constitutes a communication, thus falling under Fifth Amendment protection. Consequently, the court granted the defendant's motion, ruling that such evidence is inadmissible.

Fifth AmendmentSelf-incriminationChemical Test RefusalDWIAdmissibility of EvidenceConstitutional RightsTestimonial EvidenceImplied Consent LawPreclusion MotionCriminal Procedure
References
19
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