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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

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. M2002-01204-COA-R3-CV
Regular Panel Decision
Jun 03, 2003

Hazel Ann Edde v. Gladys Dalton Edde

Hazel Ann Edde (Wife) filed for divorce from Gladys Dalton Edde (Husband) after a thirty-six year marriage, citing irreconcilable differences, inappropriate marital conduct, and adultery. The trial court granted the divorce to the Wife, divided marital property, and awarded her $425 per month in alimony in futuro. Husband appealed the alimony award, arguing that Wife had no need for it and he lacked the ability to pay. The Court of Appeals of Tennessee at Nashville affirmed the trial court's decision, concluding that the evidence supported the trial court's findings regarding Wife's economic disadvantage, the infeasibility of her rehabilitation, and Husband's ability to provide support. The case was remanded for further proceedings consistent with the opinion.

DivorceAlimonySpousal SupportMarital Property DivisionAppellate ReviewEconomic DisadvantageAbility to PayInappropriate Marital ConductAdulteryTrial Court Discretion
References
12
Case No. 10-14-00132-CV
Regular Panel Decision
Apr 28, 2016

Tractor Supply Co. of Texas, L.P. v. Kenneth Edd McGowan

Kenneth Edd McGowan sued Tractor Supply Co. of Texas, L.P. for personal injuries sustained while working as a temporary employee at Tractor Supply's distribution center. McGowan was injured when a pallet of dog food was pushed off a rack by a Tractor Supply employee. The trial court found Tractor Supply liable and awarded McGowan damages, but Tractor Supply appealed, asserting an exclusive remedy defense under the Texas Workers' Compensation Act. The appellate court determined that McGowan was considered an employee of Tractor Supply for workers' compensation purposes and that Tractor Supply was covered by an insurance policy obtained by Job Link Personnel Services, Inc., which included an Alternate Employer Endorsement. Consequently, the appellate court reversed the trial court's judgment, ruling that Tractor Supply was entitled to the exclusive remedy defense, thereby barring McGowan's recovery.

Workers' CompensationExclusive RemedyTemporary Employment AgencyEmployer-Employee RelationshipNegligencePersonal InjurySummary JudgmentAppellate ReviewInsurance CoverageAlternate Employer Endorsement
References
3
Case No. MISSING
Regular Panel Decision

Harrison v. Harrison

This personal injury case involves an appeal stemming from a judgment in favor of John Edd Harrison (appellee) against his brother Benford Harrison (appellant). John Edd sustained severe leg injuries when a log fell from his truck at a sawmill in Trinity, Texas, on September 20, 1973. He sued Benford, alleging employment, Benford's non-subscription to worker's compensation, and failure to provide reasonably safe equipment, which proximately caused his injuries. A jury found in favor of John Edd, awarding $100,000. Benford appealed, challenging the sufficiency of evidence for negligence and proximate cause, and arguing the trial court erred by not submitting a 'special employee' issue regarding John Edd's potential employment by Arnold Starr. The appellate court affirmed the trial court's judgment, finding ample evidence supported the jury's findings on unsafe equipment and proximate cause. The court also determined that John Edd was not a 'special employee' of Arnold Starr, as Benford retained control over his brother's work, and the defense was not properly pleaded or supported by evidence. Finally, the court found no reversible error in appellee's counsel's closing arguments concerning insurance.

Personal InjuryEmployer LiabilityUnsafe EquipmentProximate CauseEmployee StatusWorkers' Compensation Non-SubscriberBorrowed Servant DoctrineSpecial EmployeeAppellate ReviewJury Verdict
References
43
Case No. 05-21-00466-CV
Regular Panel Decision
May 11, 2022

NCH Corporation and RPG Innovations, LLC v. ESI/Employee Solutions, LP

This case involves an appeal regarding the enforceability of an indemnity agreement between NCH Corporation and RPG Innovations, LLC (appellants) and ESI/Employee Solutions, LP and Employee Solutions Arlington, LLC (appellees). The dispute arose after an employee, Timothy Price, assigned by ES Arlington to RPG, suffered severe injuries while operating a forklift without proper certification. Price sued ES Arlington for negligence. Appellees sought indemnification from appellants based on their staffing agreement. The trial court granted appellees' motion for summary judgment, ordering appellants to indemnify them. However, the appellate court reversed, finding that the indemnity provision did not meet the express negligence test because appellees were seeking indemnification for their own alleged negligence. The court rendered judgment for appellants regarding attorney's fees and costs incurred in Price's lawsuit and remanded the remaining indemnification claims to the trial court.

Indemnity AgreementExpress Negligence TestSummary JudgmentWorkers' Compensation PolicyForklift AccidentStaffing AgreementNegligence ClaimsAttorney's FeesContractual IndemnificationAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Steen v. Governor's Office of Employee Relations

Petitioners, employed as Recreation Workers and Therapists at Pilgrim Psychiatric Center, were assigned new duties as "Treatment Plan Coordinators" under the "Buffalo Model" program. These new responsibilities included transcribing patient information, conducting patient interviews, entering data into worksheets, and performing 90-day progress reviews. Believing these tasks constituted out-of-title work typically performed by higher-grade Treatment Team Leaders, petitioners filed administrative grievances, which were consistently denied by the Governor's Office of Employee Relations. Subsequently, petitioners commenced a CPLR article 78 proceeding, but the Supreme Court dismissed their application, upholding the administrative determination. On appeal, the higher court found no rational basis for the administrative conclusion that the duties were a logical extension of petitioners' original roles, determining that the work was indeed out-of-title. Consequently, the judgment of the Supreme Court was reversed, the administrative determination annulled, and the petition granted.

Out-of-title workGrievancePosition classificationAdministrative determinationJudicial reviewAlbany CountyState Office of Mental HealthPilgrim Psychiatric CenterTreatment Plan CoordinatorsRecreation Worker
References
3
Case No. 2023 NY Slip Op 23283
Regular Panel Decision
Sep 15, 2023

Jackson v. Citywide Mobile Response Corp.

Tray Jackson, an emergency medical technician (EMT), initiated a class action lawsuit against Citywide Mobile Response Corp., alleging multiple violations of the New York State Labor Law and NYCRR. Jackson claimed that the defendant failed to provide full wages, including overtime and spread of hours pay, and illegally deducted costs for mandatory uniforms and supplies from employee pay, resulting in wages below the minimum wage. The plaintiff sought class certification for a proposed class of approximately 200 current and former EMTs, paramedics, and drivers. The Supreme Court, Bronx County, presided over by Justice Fidel E. Gomez, granted the motion for class certification, finding that all statutory requirements under CPLR 901 and 902 were satisfied. The court certified a class comprising all individuals working for the defendant as drivers, EMTs, or paramedics in New York between December 30, 2015, and August 15, 2022.

Class Action CertificationLabor Law ViolationsUnpaid WagesOvertime PayUniform ReimbursementMinimum WageSpread of Hours PayWage NoticesIllegal Wage DeductionsEMT
References
31
Case No. MISSING
Regular Panel Decision

Klumb v. Houston Municipal Employees Pension System

The case involves a dispute over the Houston Municipal Employees Pension System (HMEPS) board's authority to define 'employee' for pension eligibility. Petitioners, former City of Houston employees transferred to a third-party entity (CCSI), sought retirement benefits or cessation of pension contributions, arguing they were no longer City employees. The pension board, however, determined these employees remained 'members' due to the City's effective control over their new employer. The trial court and court of appeals dismissed the suit for lack of subject-matter jurisdiction, citing the statutory preclusion of judicial review for HMEPS decisions. The Supreme Court of Texas affirmed, concluding that the pension board acted within its broad statutory authority and that the petitioners' ultra vires, equal protection, and due course of law claims were invalid as they lacked vested property rights in the pension benefits.

Pension LawStatutory InterpretationJudicial ReviewUltra ViresSovereign ImmunityEqual ProtectionDue Course of LawVested RightsMunicipal EmployeesOutsourcing
References
29
Case No. MISSING
Regular Panel Decision

Nassau Chapter of the Civil Service Employees Ass'n v. County of Nassau

The Nassau Chapter of the Civil Service Employees Association (CSEA) initiated an action against the County of Nassau, seeking a declaratory judgment regarding the proper salary plan for CETA-funded employees who transitioned to county-funded positions after January 1, 1977. CSEA contended that these workers, having commenced service prior to the cut-off date, were 'employees' under existing collective bargaining agreements and should remain on the 'Incremental Graded Salary Plan' (Plan A). The County argued they were 'new employees' after 1976, falling under the 'Non-Incremental Graded Salary Plan' (Plan B). The court reviewed the federal CETA legislation, the collective bargaining agreement, and the County's past conduct towards CETA workers, which consistently treated them as county employees with various benefits. Concluding that CETA workers qualified as 'employees' from their initial service date, the court ruled in favor of CSEA. The decision mandates that these workers be continued under Plan A, citing principles of statutory parity, established case law, and the policy goals of the CETA program for upward mobility.

Collective BargainingSalary PlansCETA ProgramPublic EmploymentEmployee RightsDeclaratory JudgmentCivil Service LawUnion RepresentationStatutory InterpretationGovernment Employees
References
2
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
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