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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?

The case involves an objection by Cypresswood Land Partners, I (Debtor) to the final fee application of its former counsel, Beirne, Maynard & Parsons, L.L.C. (BMP), in a Chapter 11 bankruptcy. The Debtor alleged that BMP failed to properly disengage from representing Stephen A. Morrow, the Debtor's managing venturer, individually, and failed to adequately disclose this continued representation to the court. Additionally, the Debtor claimed BMP's final application was untimely filed, and an agreement signed by Morrow, which made him and another entity (Grace Interests, L.L.C.) liable for BMP's fees, was overreaching. The Bankruptcy Court sustained the Debtor's objections, denying all compensation and reimbursement to BMP, and ordering the firm to disgorge all fees already paid. The court found that BMP violated professional conduct rules, failed to disclose conflicts, filed late without cause, and presented an overreaching agreement.

BankruptcyChapter 11Attorney FeesFee Application ObjectionProfessional EthicsConflict of InterestDisclosure ViolationDisgorgement of FeesUntimely FilingFiduciary Duty
References
29
Case No. MISSING
Regular Panel Decision

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

L&L and Odyssey, contractors for lead-based paint removal on the Queensboro Bridge, disputed a contract drawing's interpretation with the Department of Transportation (DOT) concerning scaffolding clearance. Petitioners sought additional compensation after DOT rejected their proposed platform design, claiming a latent ambiguity in the contract. The Contract Dispute Resolution Board (CDRB) denied their claim, finding a patent ambiguity requiring pre-bid clarification. The Supreme Court upheld CDRB's decision, and this appellate court affirmed, concluding that the ambiguity was indeed patent, contrasting 'all roadways' in the note with the drawing's specific references. A dissenting opinion argued against this, stating an engineer would find no ambiguity.

Contract DisputePublic Works ContractQueensboro BridgeConstruction LawContract InterpretationAmbiguityPatent AmbiguityLatent AmbiguityCPLR Article 78Administrative Law
References
0
Case No. 03-08-00481-CV
Regular Panel Decision
Jul 10, 2009

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

Resolution Oversight Corporation, acting as the special receiver for Financial Insurance Company of America (FIC), sought to enforce FIC's subrogation rights against funds paid by Home State County Mutual Insurance Company to Arturo Garza. Garza, an injured employee, had received workers' compensation benefits from FIC following an automobile accident and subsequently settled a claim with Home State, the uninsured/underinsured motorist (UIM) carrier for his employer, Texas Towing. The trial court initially granted summary judgment in favor of Garza, denying FIC's subrogation interest in the UIM proceeds. On appeal, the court reversed this decision, affirming FIC's valid subrogation lien and rejecting the 'made whole' doctrine for statutory subrogation. The appellate court further determined that Garza was entitled to reasonable attorney's fees from FIC's recovery, remanding the case for their determination.

Workers' CompensationSubrogation rightsUninsured/Underinsured Motorist (UIM) benefitsSummary JudgmentStatutory ConstructionAttorney's FeesInsurer Receivership ActTexas Labor CodeContractual LiabilityThird-party action
References
27
Case No. 2025 NY Slip Op 01159
Regular Panel Decision
Feb 27, 2025

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

The Appellate Division, First Department, affirmed a lower court's decision denying American Bridge Company's (AB) petition to annul a determination by the Contract Dispute Resolution Board (CDRB). AB, a contractor for the New York City Department of Transportation (DOT), sought additional compensation for redesigning a protective shield on the Ed Koch Queensboro Bridge due to a discrepancy in vertical clearance measurements. However, the contract explicitly required AB to verify all existing dimensions, noting that DOT's figures were approximate. The court concluded that the contract unambiguously placed the responsibility for verifying dimensions on the contractor, and DOT had not made any bad faith misrepresentations, thereby affirming the denial of additional costs.

Contract DisputeConstruction ContractPublic WorksContract InterpretationRisk AllocationField MeasurementsBid DocumentsMisrepresentationAdministrative AppealArticle 78 Proceeding
References
4
Case No. ADJ10393903
Regular
Jan 07, 2019

Can a WCJ Be Disqualified for Appearance of Bias?

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration concerning a prior finding that required the applicant to seek medical treatment within the defendant's Medical Provider Network (MPN). Subsequently, the parties informed the WCAB that they had reached a resolution on the issue. Therefore, the WCAB has rescinded the prior Findings and Order and returned the matter to the WCJ for further proceedings, should the parties fail to finalize their resolution. This decision is not a final determination on the merits of the case.

Petition for ReconsiderationMedical Provider NetworkFindings and OrderWorkers' Compensation Appeals BoardAdministrative Law JudgeRescindedReturned to WCJPermissibly ServicePermittingSedgwick Claims Management Services
References
0
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

Justice Willett concurs with the Court's judgment, agreeing that the Edwards Aquifer Authority became effective as per the Bar-shop opinion date. However, he emphasizes the unresolved fundamental legal question concerning when an appellate-court judgment becomes final and takes effect, which he believes warrants the Court's rulemaking attention. He argues that the mandate, rather than the opinion's issuance, should generally be considered the definitive date for a judgment's finality and enforceability, citing various rules and statutes that link finality to the mandate's issuance. Willett contrasts his view with arguments that judgments are effective upon issuance, highlighting the period before a mandate issues during which the court can still modify its decision. He concludes by reiterating his agreement with the Court's outcome in the present case but advocates for clear guidelines on judgment finality through the rulemaking process.

Appellate ProcedureJudgment FinalityMandateConcurring OpinionEdwards Aquifer Authority ActSupersedeasDeclaratory JudgmentInjunctionTexas Supreme CourtLegal Practice
References
18
Case No. ADJ426447 (RDG 0129495)
Regular
Jul 16, 2010

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

The Appeals Board dismissed the applicant's petition for reconsideration as he was not aggrieved by a final order. The applicant sought to set aside a settlement concerning the Employment Development Department's (EDD) lien, arguing it was made in error. However, the Board found that the WCJ had not yet made a final determination on the EDD lien, which is a prerequisite for the Board to have jurisdiction to approve or disapprove such a settlement. Therefore, the matter is returned to the trial level for a final determination of the EDD's lien.

WCABPetition for ReconsiderationDismissalEDD LienTrial LevelFinal DeterminationTemporary DisabilityEmployment Development DepartmentStipulationDeferred Lien
References
1
Case No. ADJ8479463
Regular
Oct 02, 2014

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

The Workers' Compensation Appeals Board dismissed Hortencia Mendoza's Petition for Reconsideration because it was filed against an interlocutory order, not a final decision that determined substantive rights. The order for liens to be "paid, adjusted or litigated" was not a final resolution. The Board also denied removal, finding no showing of substantial prejudice or irreparable harm. This ruling emphasizes that reconsideration is only available for final orders disposing of substantive rights and liabilities.

Petition for ReconsiderationDismissalRemovalInterlocutoryFinal OrderSubstantive RightsLiabilitiesAdjustmentLiensPrejudice
References
5
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

This civil action, brought by the Antitrust Division of the Department of Justice against Visa and MasterCard, alleged violations of Section 1 of the Sherman Antitrust Act concerning governance and exclusionary rules. Following an earlier decision finding exclusionary rules anti-competitive, this Opinion addresses various proposed modifications to the court's Proposed Final Judgment. The court rejected anti-discrimination provisions and the exclusion of corporate and small business cards from the remedy. It clarified provisions regarding dual issuance of debit cards, the liability of Visa International, and modified the rescission period for agreements. Additionally, the court specified that MasterCard's Competitive Programs Policy repeal applies only to issuers. The Final Judgment is set to expire in ten years.

Antitrust LawSherman ActCredit Card NetworksDebit Card ExclusivityFinal Judgment ModificationMarket CompetitionExclusionary PracticesFinancial ServicesCorporate CardsSmall Business Cards
References
4
Case No. ADJ8881091
Regular
Mar 23, 2017

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

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was taken from a non-final interlocutory order. The WCAB also denied the petition for removal, finding that the defendant failed to demonstrate substantial prejudice or irreparable harm. The WCAB clarified that reconsideration is only available for final orders that determine substantive rights or threshold issues. Removal is an extraordinary remedy reserved for cases with demonstrable immediate harm, which was not established here.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Removalfinal ordersubstantive right or liabilitythreshold issueinterlocutory decisionprocedural ordersevidentiary issuesextraordinary remedy
References
6
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