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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

Johnson v. American General Insurance Co.

The Supreme Court of Texas addressed a workmen's compensation suit concerning a "fatal variance" between a claim presented to the Industrial Accident Board and that filed in court. The worker, Wilbur Johnson, initially claimed an accidental injury but later pursued compensation for silicosis, an occupational disease. The Court of Civil Appeals found a fatal variance, ruling against Johnson. However, the Supreme Court reversed this, determining that the information provided to the Board, including the employer's report and Johnson's description of his injury, was sufficient to encompass an occupational disease claim, even if the wrong form was used. Consequently, the Supreme Court found no fatal variance and remanded the case to the Court of Civil Appeals for consideration of other unaddressed points.

Workmen's Compensation LawOccupational Disease ClaimSilicosis DiagnosisFatal Variance DoctrineIndustrial Accident Board JurisdictionClaim SufficiencyPleading RequirementsTrial De Novo ScopeAppellate RemandStatutory Definition of Injury
References
6
Case No. 13-10-00554-CV
Regular Panel Decision
May 10, 2012

Commerce & Industry Insurance Company v. Kimberly Ferguson-Stewart

This case addresses whether a death resulting from an overdose of prescribed pain medication for an on-the-job injury is compensable by worker's compensation. Bruce Mason Stewart was injured at work and prescribed hydrocodone. He later died from a hydrocodone overdose. His widow, Kimberly Ferguson-Stewart, sought death benefits, which were initially denied by the Division of Worker's Compensation. A jury later found Stewart's death compensable, attributing the overdose to disorientation and memory loss caused by medication side effects rather than intentional non-compliance. The Court of Appeals affirmed the trial court's judgment, concluding there was sufficient evidence to support the jury's finding that Stewart's death was not solely caused by his intentional or knowing failure to comply with his doctor's instructions.

Workers' CompensationOverdose DeathCompensable InjuryMedical TreatmentPhysician InstructionsCausationAccidental OverdoseHydrocodone ToxicityDisorientationMemory Loss
References
21
Case No. Nos. 56 & 58
Regular Panel Decision
May 21, 2020

Matter of Seawright v. Board of Elections / Matter of Hawatmeh v. State Board of Elections

The New York Court of Appeals addressed two consolidated cases, *Matter of Seawright* and *Matter of Hawatmeh*, to resolve a departmental split regarding the interpretation of Election Law filing deadlines during the COVID-19 pandemic. In *Seawright*, the Appellate Division, First Department, had excused a candidate's belated filing of a cover sheet and certificate of acceptance due to COVID-19 related illness and quarantine, deeming it not a fatal defect. Conversely, in *Hawatmeh*, the Appellate Division, Third Department, found a candidate's late filing of a certificate of acceptance to be a fatal defect despite pandemic circumstances. The Court of Appeals reversed the *Seawright* decision and affirmed the *Hawatmeh* decision, holding that Election Law § 1-106 (2) mandates strict compliance with filing deadlines. The Court concluded that the failure to timely file constitutes a fatal defect that courts cannot excuse, even under unique or extenuating circumstances like the COVID-19 pandemic, emphasizing that it is the legislature's role to fashion exceptions to the law. Dissenting judges argued for a more flexible interpretation based on legislative intent behind pandemic-related laws and prior Election Law reforms, allowing for substantial compliance during the unprecedented health crisis.

Election LawCOVID-19 PandemicFiling DeadlinesFatal DefectStrict ComplianceBallot AccessJudicial DiscretionLegislative IntentAppellate Division ConflictQuarantine Requirements
References
39
Case No. ADJ10140589
Regular
Nov 14, 2017

SAUL SALCEDA, JR. (Deceased); ELIZABETH R. SALCEDA, Guardian Ad Litem and Trustee for ELLEN KATE SALCEDA, a minor and NOYLAHNA PHUTSDAY SIBOURIBOUN, a minor vs. DIRECT MOTION, INC.; HANOVER INSURANCE GROUP WORCESTER

This case involves a petition for reconsideration of a denial of workers' compensation benefits for the death of Saul Salceda, Jr. The applicant argued the deceased's fatal injury arose from his employment, but the WCAB affirmed the WCJ's finding that it did not. The WCAB found that while there was a special mutuality between the deceased and his employer, his fatal activities did not benefit the employer directly or indirectly, thus the dual purpose rule was inapplicable. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardGuardian Ad LitemTrusteeFindings and OrderPetition for Reconsiderationnon-compensabledual purpose rulearising out ofcourse of employmentdecedent's death
References
1
Case No. WCK 059933
Regular
May 13, 2008

BART RICKMAN (Deceased), LUKE RICKMAN vs. C. OVERAA AND COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This case involved a claim for workers' compensation death benefits for Bart Rickman, who died from a drug overdose. The Appeals Board denied reconsideration of the WCJ's finding that Rickman's death did not arise out of or occur in the course of his employment. While Rickman sustained admitted industrial injuries, the evidence, particularly Dr. Allems's opinion, strongly indicated his death was from a recreational heroin overdose, not from prescribed medications for his work-related injuries. The Board found applicant failed to meet the burden of proving industrial causation for the death.

Workers' Compensation Appeals Boardindustrial injurydeath benefitscause of deathrecreational drug useheroin overdosepain managementmedical evidenceQualified Medical Examiner (QME)substantial evidence
References
6
Case No. MISSING
Regular Panel Decision

Cortrim Manufacturing Co. v. Smith

The plaintiff sought death benefits under the Workmen’s Compensation Act for her husband’s death, alleging a causal connection between his employment activities and his fatal heart attack. The defendant appealed the trial court's decision, challenging the admissibility of a hypothetical question posed to a heart specialist and the finding of a causal link. The court affirmed the Chancellor's decree, ruling that the trial court did not err in overruling the objection to the hypothetical question. Furthermore, it concluded that sufficient evidence supported the finding that the decedent's physical activity and exertion at work precipitated his fatal heart attack, even with a pre-existing heart condition.

Workers' CompensationHeart AttackCausationMedical TestimonyHypothetical QuestionExertionEmployment Death BenefitsArteriosclerotic Heart DiseaseAcute Myocardial InfarctionTennessee Law
References
4
Case No. MISSING
Regular Panel Decision

Cupit v. Walts

Danny Cupit sued his employer, Gypsum Transport Inc., for negligence and gross negligence after an on-the-job injury, while his wife, Betty Cupit, sought damages for loss of consortium. The employment relationship was governed by a collective bargaining agreement (CBA) that established an exclusive grievance and arbitration procedure for such disputes. Mr. Cupit failed to utilize this procedure. The court interpreted the CBA, in alignment with the Texas Workers' Compensation Act, to mean that gross negligence claims are only exempt from the exclusive remedy if they result in a fatality. As Mr. Cupit's injury did not result in a fatality and he did not exhaust his contractual remedies, his claims and his wife's derivative claim were barred. Consequently, the defendant's motion for summary judgment was granted.

Collective Bargaining AgreementGrievance and ArbitrationExclusive RemedyTexas Workers' Compensation ActGross NegligenceLoss of ConsortiumSummary JudgmentLabor Management Relations ActFederal PreemptionEmployment Law
References
12
Case No. MISSING
Regular Panel Decision
Apr 12, 1985

People v. Sullivan

This dissenting opinion challenges the dismissal of a second-degree manslaughter indictment against an ESU police officer involved in the fatal shooting of Eleanor Bumpurs during an eviction. The dissent argues that the Criminal Term erred by not applying the standard of viewing Grand Jury evidence most favorably to the People and by improperly re-evaluating facts reserved for the Grand Jury. Crucially, the dissent highlights expert medical testimony, ignored by Criminal Term, which stated Mrs. Bumpurs could not have held a knife after the first shotgun blast to her hand, thereby undermining the justification for the second, fatal shot to her chest based on police department guidelines. The dissent concludes that the order dismissing the indictment should be reversed and the indictment reinstated.

Criminal LawManslaughterGrand JuryIndictmentPolice Use of ForceSelf-defenseMedical ExpertEvidence SufficiencyAppellate ReviewDissenting Opinion
References
4
Case No. 2017-05-0843
Regular Panel Decision
Feb 14, 2018

Creasman, Sherry v. Waves, Inc.

Ms. Sherry Creasman, an employee of Waves, Inc., sustained injuries including a head injury and post-traumatic stress disorder after a client assault. She subsequently sought psychiatric treatment and coverage for emergency hospitalization expenses resulting from an accidental medication overdose. Waves, Inc. contested the primary causation of her psychiatric condition and the work-relatedness of the overdose incident. The Court, after evaluating conflicting medical opinions and Ms. Creasman's credible testimony, determined that her need for psychiatric care and her hospitalization were direct and natural consequences of her original work injury. Consequently, the Court granted benefits, ordering Waves, Inc. to provide a panel of psychiatrists and cover all related medical expenses.

Workers' CompensationPsychiatric TreatmentPTSDMental InjuryCausationMedical ExpensesAccidental OverdoseEmployee AssaultExpedited HearingMedical Panel
References
6
Case No. MISSING
Regular Panel Decision

Texas Employers Insurance Ass'n v. Goad

Leslie Jean Goad and her children initiated a worker's compensation lawsuit to claim fatal benefits after the death of John Goad, her husband. John Goad, an installation foreman for S. K. Church Furniture Company, died in a truck accident while allegedly returning from a job in Spring Hill, Texas. The jury found that Goad was in the course and scope of his employment at the time of the fatal accident, leading to a judgment in favor of the plaintiffs. The insurance company appealed, contesting the sufficiency of evidence regarding Goad's employment status and arguing that the jury's verdict was based on speculation. The appellate court affirmed the trial court's judgment, concluding that there was ample circumstantial evidence for the jury to infer that Goad was engaged in his employer's business at the time of the accident.

Worker's CompensationFatal BenefitsCourse and Scope of EmploymentTruck AccidentTravel TimeJury VerdictAppellate ReviewSufficiency of EvidenceInferencesSpeculation
References
20
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