CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 03-03-00435-CV
Regular Panel Decision
Jul 29, 2004

Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission/East Side Surgical Center Clinic for Special Surgery And Surgical and Diagnostic Center, L.P. v. East Side Surgical Center Clinic for Special Surgery/Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission

This case involves the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center, Clinic for Special Surgery, and intervenor Surgical and Diagnostic Center, L.P. (collectively "East Side") sued the Commission to invalidate certain default rules that applied when specific guidelines were absent. The district court declared one rule (133.304(i)) invalid and enjoined its enforcement, citing unlawful delegation of authority. On appeal, the Court of Appeals reversed the district court's judgment regarding the rule's invalidity and dissolved the injunction, citing a Texas Supreme Court decision finding no unlawful delegation. The court affirmed that East Side was not entitled to its usual and customary fee in the absence of specific guidelines.

Workers' CompensationAdministrative LawDelegation of AuthorityRulemakingAmbulatory Surgical CentersJudicial ReviewInsurance CarrierFee GuidelinesFair and Reasonable RatesStatutory Interpretation
References
38
Case No. 2021 NY Slip Op 01018 [191 AD3d 548]
Regular Panel Decision
Feb 16, 2021

Matter of Tenants United Fighting for the Lower E. Side v. City of New York Dept. of City Planning

The Appellate Division reversed a lower court order that had annulled approvals by the New York City Planning Commission (CPC) for new building constructions. The Supreme Court had initially granted petitions from Tenants United Fighting for the Lower East Side and Lower East Side Organized Neighbors. The appellate court held that the Supreme Court should have deferred to the CPC's reasonable interpretation of the New York City Zoning Resolution (ZR). Specifically, the Appellate Division clarified that ZR § 78-043's requirement for findings as a condition precedent only applies to modifications granted by special permit or authorization, not to other types of modifications to large-scale residential developments. Consequently, the petitions were denied and the proceedings dismissed.

Zoning ResolutionLarge-Scale Residential DevelopmentCity Planning CommissionAdministrative LawAppellate ReviewJudicial DeferenceStatutory InterpretationArticle 78 ProceedingNYC ZoningUrban Planning
References
7
Case No. MISSING
Regular Panel Decision

Chandler v. Janssen Pharm., Inc.

Plaintiff Tyrieke Chandler sued Janssen Pharmaceuticals, Inc., Johnson & Johnson, and Janssen Research & Development, LLC, alleging failure to warn about Risperdal's side effects, specifically gynecomastia. Plaintiff, who began taking Risperdal in 2003, developed enlarged breast tissue and underwent bilateral mastectomies in 2014. Defendants moved for summary judgment. The Court granted the motion, finding that Plaintiff could not establish that the drug's warning labels (from 2002, 2006, and 2007) were inadequate, as gynecomastia was identified as a side effect. Furthermore, Plaintiff failed to prove specific causation because his prescribing physicians were independently aware of the risk and did not rely on the labels or inform the plaintiff of the risk.

Product LiabilityPharmaceuticalsFailure to WarnRisperdalGynecomastiaSummary JudgmentLearned Intermediary DoctrineCausationPrescription DrugsSide Effects
References
41
Case No. 2022 NY Slip Op 02559
Regular Panel Decision
Apr 20, 2022

Ortega v. Panther Siding & Windows, Inc.

The plaintiff Rene Ortega was injured after falling from a roof while working as a foreman for a subcontractor, Golden Hammer Construction Group, Corp., which was working for Panther Siding & Windows, Inc. Ortega sued Panther Siding & Windows, Inc., alleging violations of Labor Law sections and common-law negligence. The Supreme Court granted the defendant's motion for summary judgment, dismissing the Labor Law § 240 (1) cause of action. On appeal, the Appellate Division, Second Department, affirmed this decision. The court found that Panther Siding & Windows, Inc., established it was neither the general contractor nor an agent of the owner at the accident site, thus lacking the nondelegable duty under Labor Law § 240 (1), and Ortega failed to raise a triable issue of fact.

Personal InjuryFall from heightLabor LawSummary JudgmentAppellate ReviewContractor LiabilitySubcontractorConstruction AccidentElevation-related riskSafety devices
References
4
Case No. 13-07-00301-CV
Regular Panel Decision
Mar 04, 2010

Centocor, Inc. v. Patricia Hamilton, Thomas Hamilton, and Dr. Michael Bullen

Patricia and Thomas Hamilton sued Centocor, Inc. after Patricia developed a drug-induced lupus-like syndrome allegedly caused by her use of Remicade, a drug manufactured by Centocor. The Hamiltons alleged fraud and other causes of action, claiming Centocor's direct-to-consumer advertising for Remicade over-emphasized benefits while omitting warnings about severe side-effects like lupus-like syndrome. The jury found in favor of the Hamiltons, awarding them actual and punitive damages. On appeal, Centocor argued the "learned intermediary" doctrine precluded the Hamiltons' claims and challenged the sufficiency of causation evidence and the adequacy of its warnings. The Court of Appeals recognized an exception to the learned intermediary doctrine, holding that a drug manufacturer cannot rely on warnings to physicians when it directly advertises to patients in a misleading fashion. The court affirmed the findings of fraud and causation but reversed the award for future pain and mental anguish damages, as Patricia's symptoms ceased after discontinuing Remicade and no evidence of future suffering was presented. The court affirmed the punitive damages award as properly capped.

Pharmaceutical liabilityDrug-induced lupus-like syndromeRemicade side effectsDirect-to-consumer advertisingLearned intermediary doctrineProduct liabilityFraudulent misrepresentationCausation evidenceMedical marketingPunitive damages
References
44
Case No. MISSING
Regular Panel Decision

Texas Workers' Compensation Commission v. East Side Surgical Center

This case addresses the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center and related entities sued the Commission, seeking to invalidate default rules that applied in the absence of specific fee guidelines, arguing an unlawful delegation of fee-setting authority to insurance carriers. The district court initially declared rule 133.304® invalid, but the appellate court reversed this decision, holding that the rule did not constitute an unlawful delegation of the Commission’s authority. The court further clarified that providers are entitled to fair and reasonable reimbursement, not a statutory right to fee guidelines established by rule, and affirmed that East Side was not entitled to its usual and customary fee.

Workers' CompensationFee GuidelinesAdministrative LawStatutory InterpretationDelegation of AuthorityInsurance CarriersAmbulatory Surgical CentersJudicial ReviewDeclaratory ReliefInjunctive Relief
References
19
Case No. ADJ1 44848 (GRO 0032874)
Regular
Apr 26, 2016

BILLY BRANHAM vs. ARROYO GRANDE GLASS, STATE COMPENSATION INSURANCE FUND

The Appeals Board rescinded the Workers' Compensation Judge's (WCJ) decision granting a 63% permanent disability award. This was because the WCJ improperly rejected the vocational expert's opinion regarding the impact of industrial medications on the applicant's ability to compete in the labor market. The Board remanded the case for further development of both medical and vocational records, specifically requesting updated opinions on the side effects of the applicant's medications. This is to ensure a more thorough investigation into the cognitive effects of prescribed drugs on the applicant's work capacity.

Workers' Compensation Appeals BoardReconsiderationPetition to ReopenPermanent Disability AwardVocational ExpertCognitive EffectsIndustrially-Prescribed MedicationsMedical Record DevelopmentApportionmentDiminished Future Earning Capacity
References
8
Case No. MISSING
Regular Panel Decision
Jan 02, 1996

Isnardi v. Genovese Drug Stores, Inc.

Thomas Isnardi was injured on September 13, 1993, after falling from a scaffold while performing demolition work on premises owned by Genovese Drug Stores, Inc. He sued Genovese and the general contractor, Robbins & Cowan, Inc., alleging a violation of Labor Law § 240 (1) for failure to provide adequate scaffolding. Robbins & Cowan, Inc. then filed a third-party action against Joe Demasco, Isnardi's employer. The Supreme Court granted Isnardi summary judgment on liability. However, the appellate court reversed this decision, denying the plaintiff's motion, as there was a factual dispute regarding whether Isnardi was a recalcitrant worker who refused to use a provided safe "pipe" scaffold, opting instead for an allegedly less stable "Baker" scaffold.

Personal InjuryScaffold FallDemolition WorkRecalcitrant Worker DefenseSummary JudgmentLabor LawConstruction AccidentThird-Party ActionIndemnificationAppellate Reversal
References
4
Case No. MISSING
Regular Panel Decision

Bernard v. Commerce Drug Co., Inc.

Plaintiff Peter S. Bernard brought claims against Commerce Drug Company and Del Laboratories, Inc. for trademark violations under the Lanham Act and state law concerning the product 'Arthriticare.' Defendants moved for partial summary judgment on trademark infringement and judgment on the pleadings for fraudulent trademark registration, while plaintiff cross-moved for partial summary judgment. The court found plaintiff's 'Arthriticare' mark to be descriptive and lacking secondary meaning, thus granting defendants' motion for summary judgment on the trademark infringement claim. The claim for fraudulent trademark registration was dismissed as defendants' mark was not registered. All remaining state and common law claims were dismissed due to the absence of federal claims and diversity jurisdiction.

Trademark InfringementLanham ActSummary JudgmentJudgment on PleadingsDescriptive TrademarkSecondary MeaningFraudulent RegistrationPendent JurisdictionDiversity JurisdictionUnregistered Mark
References
14
Case No. MISSING
Regular Panel Decision

Halsey Drug Co. v. Drug, Chemical, Cosmetic, Plastics & Affiliated Industries Warehouse Employees, Local 815

Plaintiff Halsey Drug Co., Inc. (Halsey) filed an action against Defendant Drug, Chemical, Cosmetic, Plastic and Affiliated Industries Warehouse Employees, Local 815 (Local 815) under the Federal Declaratory Judgment Act and the Labor Management Relations Act. Halsey sought a declaration from the court regarding the arbitrability of certain issues related to a collective bargaining agreement (CBA) after closing its Brooklyn facility and moving some operations to Congers, New York. Local 815 demanded that Halsey apply the CBA to the new Congers facility and offer employment to laid-off Brooklyn employees, subsequently filing for arbitration. Halsey argued that the claims arose after the CBA's expiration and should be handled by the National Labor Relations Board, not arbitration. The court, applying established labor law precedents regarding arbitrability, denied Halsey's motion for summary judgment and granted Local 815's motion, ruling that the dispute is arbitrable because the underlying facts arose before the CBA's expiration and involve contract interpretation.

ArbitrationCollective Bargaining AgreementLabor DisputeSummary JudgmentContract InterpretationUnion RepresentationFederal Declaratory Judgment ActLabor Management Relations ActPost-expiration ClaimsArbitrability
References
11
Showing 1-10 of 2,003 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational