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

Case No. 04-06-00417-CV
Regular Panel Decision
Jun 25, 2008

Sylvia Casas, Ind. Substantively Consolidated Bankruptcy Estates of Fountain View, Inc. as Successor to Summit Care Corporation, Summit Care Texas, L.P. D/B/A Comanche Trail Nursing Center and Summit Care Management Texas and Robert Gundling, Ind. v. Rosamarie Paradez, as the Administrator and Heir at Law of the Estate of Tranquilino Mendoza

This case involves a medical malpractice survival action initiated by Rosamarie Paradez, daughter of the deceased Tranquilino Mendoza, against Sylvia Casas, Robert Gundling, and the consolidated bankruptcy estates of Fountain View, Inc. (successor to Summit Care Corp. and Summit Care Texas, L.P., operators of Comanche Trail Nursing Center). Mendoza, an 81-year-old nursing home resident, suffered severe injuries after being beaten by a violent roommate, allegedly due to the appellants' negligence. The appellants challenged various aspects of the trial court's judgment, including the denial of new trial motions, sufficiency of damages, excessive awards, and the application of damages caps. The appellate court affirmed the trial court's judgment, upholding the damages awarded for pain, mental anguish, and physical impairment, and finding no error in the application of the damages cap or the finding of negligence against Gundling.

Medical MalpracticeNursing Home NegligencePersonal InjurySurvival ActionAppellate ReviewJury ArgumentDamages CapFactual SufficiencyMental AnguishPhysical Impairment
References
35
Case No. MISSING
Regular Panel Decision
Nov 03, 1997

Claim of Oord v. Estate of Zielinski

Claimant was injured while logging timber on land owned by the estate of Alexander H. Zielinski in Schenectady County. The Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board determined that decedent’s estate was a contractor under Workers’ Compensation Law § 56. The estate, through its executor Walter Zielinski, appealed this decision, arguing it did not own the timber after selling its rights and did not have a direct contract with Subik, claimant’s employer. The court found substantial evidence supporting the Board’s conclusions that the estate owned the timber when the claimant was injured and had an agreement with Subik. Therefore, the award of workers’ compensation benefits was affirmed.

Workers' CompensationContractor LiabilityTimber LoggingEstate LiabilityAppellate ReviewSubstantial EvidenceEmployer-Employee RelationshipWorkers' Compensation BoardProperty OwnershipHazardous Employment
References
5
Case No. 15-25-00061-CV
Regular Panel Decision
Apr 02, 2025

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Fort Bend County appeals a temporary injunction granted by a Harris County District Court, which prevents discovery of mental health records in an ongoing workers' compensation dispute. The underlying administrative case involves a claim for death benefits by Joshua Heiliger, whose spouse, Lauren Brittane Smith, was a paramedic. Heiliger asserts Smith's mental health condition and stress contributed to her death, thus placing her mental health at issue. The Division of Workers' Compensation's Administrative Law Judge (ALJ) issued a subpoena for Smith's mental health records from her psychiatrist, Dr. John Marcellus. Heiliger bypassed the administrative process by obtaining the injunction in District Court. Fort Bend County argues the District Court erred in interfering with the Division's exclusive jurisdiction and that Heiliger failed to exhaust administrative remedies or demonstrate irreparable injury, as Texas law provides a qualified privilege for mental health records with exceptions relevant to this case.

Workers' CompensationTemporary InjunctionDiscovery DisputeMental Health RecordsSubpoena EnforcementAdministrative Law JudgeExclusive JurisdictionExhaustion of Administrative RemediesQualified PrivilegePatient-Litigant Exception
References
53
Case No. 2025 NY Slip Op 04706 [241 AD3d 791]
Regular Panel Decision
Aug 20, 2025

Gomez v. Tilden Estates, LLC

The plaintiff, Yeison Moncion Gomez, was injured while working on a construction project for Tilden Estates, LLC, and LG Construction Management, Inc., when he slipped on dust while carrying an air conditioning unit up a staircase. He initiated an action alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially granted summary judgment to the plaintiff on the Labor Law §§ 240 (1) and 241 (6) claims and denied the defendants' cross-motion to dismiss. On appeal, the Appellate Division, Second Department, modified the order. The court denied the plaintiff's motion for summary judgment on the Labor Law claims and the dismissal of the comparative negligence defense, finding triable issues of fact, but affirmed the denial of the defendants' cross-motion to dismiss the Labor Law claims.

Construction AccidentLabor LawSlipping HazardElevation-Related WorkSummary JudgmentComparative NegligenceIndustrial CodeStaircase FallAir Conditioning UnitAppellate Review
References
29
Case No. 2024 NY Slip Op 00194 [223 AD3d 747]
Regular Panel Decision
Jan 17, 2024

Ochoa v. JEM Real Estate Co., LLC

Carlos Ochoa, the plaintiff, sustained personal injuries after falling from an A-frame ladder while working at a building owned by JEM Real Estate Co., LLC, and leased by Bobwhite Counter, LLC. He commenced an action alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court granted Ochoa's motion for summary judgment on the issue of liability under Labor Law § 240 (1) and denied the defendants' cross-motion to dismiss the Labor Law claims. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the plaintiff established a prima facie case of a defective ladder in violation of Labor Law § 240 (1) and that the defendants failed to raise a triable issue of fact. The court also upheld the denial of summary judgment dismissing the Labor Law § 241 (6) claim due to unresolved factual issues regarding Industrial Code violations.

Personal InjuryLabor LawSummary JudgmentAppellate ReviewLadder AccidentWorkplace SafetyConstruction AccidentStatutory ViolationProximate CauseNondelegable Duty
References
14
Case No. MISSING
Regular Panel Decision
Jun 15, 2009

Cook v. Orchard Park Estates, Inc.

Plaintiff, an employee of third-party defendant John Mauro, Co., filed an action for injuries from a slip and fall at a construction site against general contractor Matzen Construction, Inc., property owner Orchard Park Estates, Inc., and leaseholder Scott Ventures, alleging common-law negligence and Labor Law violations. The Supreme Court denied all motions for summary judgment, leading to an appeal by Mauro and Scott Ventures. The appellate court modified the lower court's order by dismissing the plaintiff's Labor Law § 241 (6) claims, ruling that the location of the fall did not fall under the cited NYCRR sections. However, the court affirmed the denial of summary judgment for the Labor Law § 200 (1) and general negligence claims, citing the existence of triable issues of fact concerning notice of the dangerous condition and control over the work activity.

Construction AccidentSlip and FallLabor Law § 200Labor Law § 241 (6)General NegligenceSummary JudgmentContractual IndemnificationSubcontractor LiabilityPremises LiabilityAppellate Review
References
16
Case No. 03-13-00790-CV
Regular Panel Decision
Feb 06, 2015

T. Mark Anderson, as Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor of the Estate of Ted Anderson//Cross-Appellants, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. Richard T. Archer, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer//Cross-Appellees, T. Mark Anderson, Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor

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. 2014 NY Slip Op 05307 [119 AD3d 744]
Regular Panel Decision
Jul 16, 2014

Jorquera v. Fannwood Estates, LLC

Plaintiff Christian Jorquera allegedly sustained personal injuries after falling from a ladder while painting a stairwell in a building owned by Fannwood Estates, LLC and Woods Management Company. Jorquera sued the owners, who then commenced a third-party action against W.B. & Sons Construction Corp. and its owner, Alexander Briceno, for contribution, common-law indemnification, and breach of contract for failing to procure insurance. The third-party defendants cross-moved for summary judgment, arguing the claims were barred by Workers' Compensation Law § 11 or that Jorquera was not an employee under the Labor Law. The Supreme Court denied their cross-motion, finding triable issues of fact regarding employment status and contractual obligations. The Appellate Division affirmed the Supreme Court's order, concluding that the third-party defendants failed to establish their prima facie entitlement to judgment as a matter of law.

Personal InjuryLadder AccidentSummary Judgment MotionThird-Party LiabilityContribution ClaimIndemnification ClaimBreach of Contract for InsuranceWorkers' Compensation ExclusivityLabor Law ViolationEmployment Status Dispute
References
6
Case No. 05-17-00423-CV
Regular Panel Decision
Dec 31, 2018

Linda Dickens and Dickens Law, LLC v. Jason C. Webster, P.C. D/B/A the Webster Law Firm and Jason Webster

This case concerns a dispute between two lawyers, Linda Dickens and Jason C. Webster, over an alleged contingency fee sharing agreement in a wrongful death case. Webster sought a declaration that the agreement was unenforceable under Texas law, while Dickens counterclaimed for tortious interference and breach of contract, arguing Kansas law should apply. The trial court dismissed Dickens’s tortious interference claim under the TCPA and granted summary judgment to Webster. On appeal, the court reversed the dismissal of Dickens's tortious interference claim, finding sufficient evidence, but affirmed that Texas law applies and the fee sharing agreement is unenforceable due to a lack of written client consent as required by Texas Disciplinary Rules. The case is remanded for further proceedings on the tortious interference claim.

Fee Sharing AgreementTortious InterferenceTexas Citizens Participation ActCommercial Speech ExemptionChoice of LawProfessional Conduct RulesContingency FeesLegal EthicsSummary JudgmentAppellate Review
References
40
Case No. No. 12
Regular Panel Decision
Apr 01, 2021

The Matter of the Claim of Estate of Norman Youngjohn v. Berry Plastics Corporation

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
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