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

Case No. No. 12
Regular Panel Decision
Apr 01, 2021

What Happened in Felix vs. Weber Metals Reconsideration?

Decedent Norman Youngjohn, employed by Berry Plastics Corporation, suffered work-related injuries to his right shoulder and left elbow in 2014, leading to a workers' compensation claim. Before his permanent partial disability benefits claim for a schedule loss of use (SLU) award was resolved, Youngjohn died in March 2017 from a heart attack unrelated to his work injuries. He left no surviving spouse, minor children, or qualifying dependents. His estate sought the full value of the posthumous SLU award, arguing that 2009 amendments to the Workers' Compensation Law, which permitted lump sum SLU payments, rendered WCL § 15 (4) (d) inapplicable. This section limits an estate's recovery for unaccrued SLU benefits to reasonable funeral expenses in cases of unrelated death without qualifying survivors. The Workers' Compensation Board limited the award to funeral expenses, while the Appellate Division held that the estate was entitled to the portion accrued up to the date of death plus reasonable funeral expenses. The New York Court of Appeals affirmed the Appellate Division's order, concluding that the 2009 amendments on lump sum payments did not implicitly alter WCL § 15 (4) (d)'s limitation on an estate's recovery of posthumous SLU awards. The Court emphasized that section 15 (4) (d) remains in effect and must be harmonized with the amendments, limiting recovery to benefits accrued before death and reasonable funeral expenses for the remainder.

Workers' Compensation LawPermanent Partial DisabilitySchedule Loss of Use (SLU)Lump Sum PaymentEstate RecoveryFuneral ExpensesStatutory InterpretationAccrual of BenefitsNew York Court of AppealsUnrelated Death
References
35
Case No. 03-13-00790-CV
Regular Panel Decision
Feb 06, 2015

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case involves a tortious interference with inheritance lawsuit. Richard T. Archer and family (Appellees/Cross-Appellants) sued T. Mark Anderson and Christine Anderson (Appellants/Cross-Appellees), co-executors of Ted M. Anderson's estate. The Archers alleged that Ted Anderson tortiously interfered with their inheritance from John R. 'Jack' Archer by causing Jack, after a debilitating stroke that left him mentally incapacitated, to sign new estate planning documents that disinherited the Archers in favor of charities. The Archers incurred significant attorney's fees and settlement costs in prior litigation to reinstate Jack's original estate plan, which favored them. A jury found Ted Anderson liable for tortious interference and awarded damages, which the district court modified to include an additional settlement amount with charities. The appellees are now seeking to affirm the liability finding and modify the damage award on cross-appeal.

Tortious Interference with InheritanceEstate Planning DisputeMental IncapacityUndue InfluenceFiduciary Duty BreachGuardianship ProceedingWill ContestAttorney's Fees as DamagesPrejudgment InterestAppellate Review
References
78
Case No. 09-05-523 CV
Regular Panel Decision
May 11, 2006

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Mary Lou Wilcox appealed an order from the County Court at Law No. 1, Jefferson County, Texas, which awarded attorney's fees to Peter Wilcox. The case originated from Mary Lou suing her brothers, including Peter, and others regarding the estate of their mother, Irma Lou Wilcox, alleging various torts. Peter, an alternate co-executor who never served, successfully moved for summary judgment against Mary Lou and then sought attorney's fees under section 243 of the Probate Code. The Court of Appeals reviewed the trial court's decision de novo, focusing on whether Peter's defense against personal wrongdoing allegations qualified for fee recovery under the statute's provision for defending a will's admission to probate. The appellate court concluded that Peter's claim for attorney's fees did not fall within the purview of section 243, as his fees were incurred defending himself personally rather than the will.

Estate LawProbate CodeAttorney's FeesStatutory InterpretationWill ContestBeneficiary RightsExecutor DutiesSummary JudgmentAppellate ReviewTexas Law
References
16
Case No. 10-17-00260-CV
Regular Panel Decision
Jul 03, 2019

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Kathy Roux appealed the trial court's decisions regarding the estate of Miriam Mae Pharris. Roux, who previously represented Dennis Pharris, sought attorney's fees from the estate for services rendered to Dennis and also filed an application for funeral and burial expenses on behalf of Knorr, whom she did not represent. The trial court denied her application for attorney's fees, finding she was not entitled to compensation from the estate and that her filings were groundless and in bad faith. The court subsequently sanctioned Roux $6,800 in attorney's fees for Ford, the estate's administrator, and an additional $2,500 to deter future groundless filings. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in denying Roux's attorney's fees, imposing sanctions, and setting the supersedeas bond.

Estate AdministrationAttorney SanctionsAppellate ProcedureProbate LitigationFrivolous FilingsAttorney's Fees DisputeAbuse of DiscretionTexas Estates CodeTexas Civil Practice and Remedies CodeRules of Civil Procedure
References
45
Case No. 10-14-00157-CV
Regular Panel Decision
Jun 04, 2015

Can a WCJ Be Disqualified for Appearance of Bias?

This case involves an appeal from a jury verdict in a wrongful death and survivorship action. Appellant Thomas H. Sinclair challenges the verdict in favor of the Estate of Fernando Ramirez and Eva Ramirez. Fernando Ramirez died after an altercation at Sinclair's cabaret, following heavy drinking. The jury found Sinclair partly responsible, but the appellate court reversed the judgment, concluding that the appellees failed to present legally sufficient causation evidence directly connecting Sinclair’s purported negligence with the decedent’s death due to the lack of expert medical testimony ruling out other plausible causes.

NegligenceProximate CauseWrongful DeathSurvivorship ActionExpert TestimonyMedical CausationBlunt Force Head InjuriesAlcohol IntoxicationAppellate ReviewLegal Sufficiency
References
37
Case No. NO. 14-22-00879-CV
Regular Panel Decision
Aug 13, 2024

What Were the Key Rulings in Torrez vs. SuperShuttle?

Lasonthia Sandles appealed a no-evidence summary judgment in her claims against Deanna Louise Laskoskie, administrator of the estates of George and Louise Laskoskie, stemming from the fatal injury of Christine Rollins. Rollins, an in-home caregiver for the Laskoskies, died after being attacked by animals on their property, with conflicting theories on whether dogs initiated the attack before feral hogs. The appellate court affirmed the summary judgment, agreeing that Sandles's expert report on dog involvement was conclusory and lacked scientific basis. The court found insufficient evidence, beyond mere surmise, to establish causation by the dogs for Sandles's claims of strict liability, negligent handling, or premises liability. The judgment highlighted that abundant evidence pointed towards wild hogs as the primary cause of Rollins's death.

Summary Judgment AppealNo-Evidence Summary JudgmentExpert Testimony ReliabilityConclusory EvidenceCausation ElementStrict Liability ClaimNegligent Handling ClaimPremises Liability ClaimAnimal Attack LitigationFeral Hog Attack
References
20
Case No. 04-14-00569-CV
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

Burton Kahn, former president of Helvetia Asset Recovery, Inc., was terminated for misconduct in August 2013. In retaliation, Kahn allegedly transferred over $340,000 from Helvetia's accounts, recorded fraudulent warranty deeds conveying Helvetia's real estate to his new corporation, Paradiv Corporation, and falsely claimed to be Helvetia's sole shareholder. Helvetia sued Kahn for breach of fiduciary duty, conversion, money had and received, and slander of title. A jury found in favor of Helvetia, awarding substantial actual and exemplary damages. Kahn subsequently filed for Chapter 7 bankruptcy, during which his non-exempt assets, including his appellate rights in this case, were sold to Helvetia by the bankruptcy trustee. This brief, filed by Helvetia, argues that Kahn lacks standing to pursue this appeal due to the sale of his appellate rights, effectively rendering the appeal moot, and that the trial court's judgment should be affirmed.

Breach of Fiduciary DutyFraudulent DeedsAsset MisappropriationAppellate Rights SaleBankruptcy EstateCollateral EstoppelTexas LawCivil LitigationCorporate MalfeasanceInjunctive Relief
References
112
Case No. 2019 NY Slip Op 02568
Regular Panel Decision
Apr 03, 2019

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Elaine M. Peterson and David Peterson (later his estate) sued the Estate of John Rozansky for personal injuries after David Peterson was struck by Rozansky's vehicle. Rozansky had previously declined deposition citing dementia and subsequently died from Alzheimer's. Plaintiffs sought Rozansky's medical records, but the Supreme Court granted a protective order and denied plaintiffs' motion to strike the defendant's answer, a decision upheld upon reargument. The Appellate Division, Second Department, affirmed, ruling that plaintiffs failed to show Rozansky's condition was 'in controversy' for CPLR 3121 (a) purposes, and neither Rozansky nor his estate waived physician-patient privilege. A dissenting opinion argued that Rozansky's refusal to be deposed due to dementia did place his condition in controversy, warranting medical record disclosure.

Personal InjuryMedical Records DiscoveryPhysician-Patient PrivilegeWaiver of PrivilegeProtective OrderDiscovery SanctionsStriking AnswerDementiaAlzheimer's DiseaseAppellate Review
References
22
Case No. 14-18-00967-CV
Regular Panel Decision
May 18, 2023

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

A Texas appellate court affirmed a $100 million judgment against Werner Enterprises, Inc. and its driver, Shiraz A. Ali, following a fatal truck accident on an icy Interstate 20. The plaintiffs, including Jennifer Blake and the guardian of Brianna Blake's estate, sued for negligence, leading to a jury finding of liability against both Ali and Werner. The court upheld the findings of Ali's negligence and Werner's direct liability for negligent training and supervision, rejecting arguments related to the 'respondeat superior admission rule'. The judgment also affirmed the jury's apportionment of responsibility and the substantial award for future medical expenses for Brianna Blake, who suffered severe traumatic brain injury.

Trucking AccidentNegligenceVicarious LiabilityDirect LiabilityNegligent HiringNegligent SupervisionNegligent TrainingComparative ResponsibilityJury Charge ErrorExpert Testimony
References
153
Case No. 03-15-00409-CV
Regular Panel Decision
Mar 10, 2015

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

This is an appeal from a trial court's judgment against Susan England (Lee) in a case concerning alleged misuse of funds belonging to Edna Moon. The trial court imposed "death penalty" sanctions against England for discovery abuse and false testimony, denying her the right to a jury trial and striking her claims and defenses. Consequently, the court awarded Janice Kolbe, as Guardian of Edna Moon's estate, $1,458,251 in actual damages, $1,000,000 in punitive damages, and constructive trusts on various assets, including England's homestead and vehicle. England's brief argues that these sanctions were unjust, excessive, and violated her constitutional due process rights, leading to an improper double or triple recovery and an unconstitutional lien on her homestead. She seeks reversal of the trial court's Sanctions Order and Final Judgment.

SanctionsDiscovery AbuseDue Process ViolationExcessive SanctionsPunitive DamagesConstructive TrustHomestead LienJoint Account DisputeFraudulent InducementGift Deeds
References
38
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