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

Case No. MISSING
Regular Panel Decision

What Happened in Felix vs. Weber Metals Reconsideration?

This appellate opinion addresses facial challenges to the constitutionality of various provisions within the Texas Election Code, brought by the King Street Patriots and individual appellants against the Texas Democratic Party and its officials. The appellants argued that sections pertaining to private rights of action, corporate contributions, and political committee definitions violated their First, Fourth, Eighth, and Fourteenth Amendment rights, or were unconstitutionally vague or overbroad. The trial court had granted summary judgment for the Texas Democratic Party, upholding the constitutionality of numerous provisions and declining jurisdiction over others. The appellate court affirmed the trial court's judgment, concluding that the challenged Election Code provisions were facially constitutional and concurring with the jurisdictional decisions regarding issues like officeholder definitions and criminal penalties. The court emphasized its adherence to the facial challenge framework, declining to expand prior holdings or consider as-applied challenges.

Election LawConstitutional LawFirst AmendmentFourth AmendmentEighth AmendmentFourteenth AmendmentDue ProcessPolitical ContributionsCampaign FinancePolitical Committees
References
49
Case No. MISSING
Regular Panel Decision

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

This case involves HCA Healthcare Corporation and other hospitals (collectively, "the Hospitals") who filed suit for declaratory and injunctive relief against the Texas Department of Insurance, its Division of Workers’ Compensation (DWC), and Commissioner Albert Betts, Jr. The Hospitals sought to reverse 1,406 decisions issued by DWC and challenged the facial constitutionality of former Texas Labor Code § 413.031(k) for allegedly failing to provide a right to a contested case hearing in medical disputes. Texas Mutual Insurance Company also intervened. The trial court initially granted summary judgment for the Hospitals and Texas Mutual on the right to a hearing but denied the Hospitals' request to set aside the 1,406 DWC orders. On appeal, the court affirmed the trial court's denial of the Hospitals' request to set aside the DWC decisions, citing a lack of jurisdiction due to untimely appeals. Furthermore, the court reversed the trial court's declaration that former § 413.031(k) was facially unconstitutional, rendering judgment that the statute is indeed facially constitutional.

Medical Dispute ResolutionWorkers' CompensationTexas Labor CodeFacial ConstitutionalityJudicial ReviewAdministrative Procedure ActSummary JudgmentAppellate CourtDeclaratory ReliefInjunctive Relief
References
16
Case No. MISSING
Regular Panel Decision
Jun 10, 2005

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

Claimant sustained a severe neck laceration in December 2001 while at work, resulting in a significant scar. A Workers’ Compensation Law Judge initially denied an award for facial disfigurement, stating the scar was below the jaw. The Workers’ Compensation Board panel modified this, granting a $10,000 award, finding the scar fell within the compensable region under Workers’ Compensation Law § 15 (3) (t) (2). The employer and its carrier appealed, arguing the Board failed to address the impact of the disfigurement on claimant's present or future earning capacity, a statutory requirement for such an award. The appellate court reversed the Board's decision and remitted the matter for further proceedings, citing the absence of findings or inferences regarding impaired earning capacity.

Facial DisfigurementSerious DisfigurementEarning CapacityWorkers' Compensation Law § 15Scar InjuryAppellate ReviewRemittalStatutory InterpretationCompensable InjuryWorkers' Compensation Board
References
3
Case No. MISSING
Regular Panel Decision

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

Justice William C. Koch, Jr. delivers a concurring in part and dissenting in part opinion concerning the court's decision to invalidate Tennessee's Unauthorized Substances Tax as facially unconstitutional. He agrees with the court's conclusions that the tax does not violate double jeopardy, self-incrimination, or due process. However, he dissents from the decision that the tax cannot be constitutionally imposed on persons possessing significant quantities of illegal drugs for resale. Justice Koch argues that the court disregarded precedents favoring statutory constitutionality and failed to consider the rational connection between possessing substantial drug quantities and intent to sell, which is recognized in criminal law. He also points out procedural irregularities in the case, suggesting the Attorney General was not properly notified of the specific constitutional challenge.

Unauthorized Substances TaxFacial ConstitutionalityAs-Applied ChallengeTaxing PowerTennessee Constitution Article II Section 28Illegal Drug TradeDrug TraffickingStatutory InterpretationJudicial RestraintDue Process
References
113
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

The case involves the appeal of a Workers' Compensation Board decision concerning a decedent's widow. The decedent sustained fatal injuries from electrocution while working for the employer. The Board initially awarded death benefits, temporary total disability, and facial disfigurement, but later rescinded the disability award, upholding the disfigurement. The employer appealed, arguing the disfigurement award was improper without a permanent partial disability finding. The court reversed the Board's decision, finding that the evidence of grave injuries supported total, not partial, disability, making the disfigurement award irrational. The matter was remitted for further proceedings consistent with the court's decision.

Workers' CompensationFacial DisfigurementTemporary Total DisabilityDeath BenefitsConcurrent AwardsAppellate ReviewStatutory InterpretationMedical EvidenceAccidentElectrocution
References
4
Case No. ADJ7650259
Regular
Aug 20, 2012

What Were the Key Rulings in Torrez vs. SuperShuttle?

This case involves a workers' compensation claim where the applicant, Dara Hanrahan, sustained an injury to her eye while working as an exercise rider. The defendant argued the injury did not qualify as "high-velocity" under Labor Code section 4656(c)(3)(F) due to a lack of velocity evidence. Medical reports documented a traumatic blowout fracture of the left orbit with significant soft tissue entrapment and residual symptoms, including diplopia and ongoing facial pain. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the injury qualified for extended temporary disability benefits.

Workers' Compensation Appeals BoardDara HanrahanCalifornia Horsemen's AllianceInsurance Company of the State of PennsylvaniaChartis InsuranceADJ7650259Oakland District OfficePetition for ReconsiderationFindings Award and OrderAdministrative Law Judge
References
0
Case No. MISSING
Regular Panel Decision

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

David D. Orrick, an employee of Bestway Trucking, Inc., sustained a comminuted fracture to his right eye socket in July 2000 during his employment. He experienced persistent numbness, pain, and swelling, which led to an inability to return to truck driving due to vibration and lifting restrictions. The trial court initially awarded 33% vocational disability based on an 11% impairment rating. The Special Workers’ Compensation Appeals Panel reduced this to 3%. The Supreme Court affirmed the 3% impairment for trigeminal nerve damage but reversed the 8% facial disfigurement impairment. The case was remanded to the trial court to redetermine the vocational disability award, emphasizing the importance of the employee's credible testimony regarding his limitations and economic impact.

Workers' CompensationVocational DisabilityImpairment RatingTrigeminal Nerve DamageFacial FractureTruck Driver InjuryRemandAppellate ReviewCredibility of EmployeeAMA Guides
References
7
Case No. MISSING
Regular Panel Decision

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

Plaintiff, a carpenter employed by Universal Drywall Services, suffered severe injuries after falling 30 feet at a Mount Sinai Hospital work site. Plaintiff sued Mount Sinai under Labor Law §§ 200, 240 (1), and 241 (6), alleging various disabling injuries including fractures, nerve damage, and brain injuries. Mount Sinai, in turn, sought contribution and indemnification from Universal. Universal argued that Mount Sinai's claim was barred because the plaintiff had not sustained a "grave injury" as defined by Workers' Compensation Law § 11. The IAS Court granted summary judgment to plaintiff against Mount Sinai, and to Universal, dismissing Mount Sinai's third-party complaint. This court affirmed the lower court's decision, concluding that plaintiff's alleged injuries did not meet the "grave injury" threshold under Workers' Compensation Law § 11, specifically not constituting "permanent and severe facial disfigurement" or "permanent total disability" from brain injury, thereby barring Mount Sinai's third-party action against Universal.

Grave InjuryWorkers' Compensation Law § 11Labor Law § 240 (1)Contribution and IndemnificationThird-Party ActionSummary JudgmentEmployer LiabilityWorkplace AccidentFacial DisfigurementBrain Injury
References
14
Case No. ADJ12427109
Regular
Apr 04, 2023

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

This case involves a defendant's petition for reconsideration of a workers' compensation award finding an industrial injury to the applicant's right hand. The applicant claimed a fracture occurred while operating a machine, though medical records initially focused on a non-industrial injury from a ladder. Crucially, a Qualified Medical Examiner (QME) opined the fracture was consistent with the applicant's described work mechanism. The Board denied reconsideration, adopting the WCJ's reasoning which prioritized the QME's opinion and medical records documenting the fracture prior to termination, over the defendant's arguments regarding proof of injury and temporary disability.

Petition for ReconsiderationIndustrial InjuryTemporary DisabilityMachine OperatorRight Hand InjuryScaphoid FractureAOE/COEContemporaneous Medical RecordsQualified Medical Examiner (QME)Dr. Roland
References
0
Case No. MISSING
Regular Panel Decision

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

This workers' compensation case addresses the appropriate scheduled member for a compensable injury and the extent of disability. The employee suffered a severe comminuted fracture to the first metacarpal bone in his left hand and a laceration on June 8, 1988. An orthopedic surgeon assessed a 63% permanent partial disability to the left thumb, which could also translate to hand or arm impairment, noting the fracture extended slightly into the wrist joint. The trial court awarded 60% permanent partial disability to the left thumb. On appeal, the court determined the injury was more appropriately classified as a disability to the left hand due to the fracture's location at the base of the thumb extending into the hand. Consequently, the judgment was modified to award 50% permanent partial disability to the left hand, affirming the trial court in all other respects.

Workers' CompensationScheduled InjuryPermanent Partial DisabilityLeft Hand InjuryThumb FractureMetacarpal BoneMedical TestimonyOrthopedic SurgeonAppellate ReviewTrial Court Modification
References
6
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