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Case Law Database

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

Case No. 03-03-00501-CV

Regular Panel Decision

Jun 24, 2004

William Paul Serur v. Churchill Forge Properties A/K/A C F Management-Texas Churchill Forge, Inc. Churchill Forge Management, Inc. Churchill Forge Oak Springs Apts., Inc.

William Paul Serur sued his former employer, Churchill Forge, for retaliatory discharge after filing a workers' compensation claim and taking FMLA leave, along with a breach-of-contract claim concerning his 401(k) funds. The district court granted summary judgment for Churchill Forge on all claims. Serur appealed, challenging the summary judgment and evidentiary rulings. The Court of Appeals affirmed the district court's decision, finding Serur failed to establish a causal link for his retaliatory discharge claims and that the 401(k) funds were properly disbursed. The court also overruled Serur's objections to the summary-judgment evidence.

Workers' CompensationFMLARetaliatory DischargeSummary JudgmentBreach of Contract401(k) BenefitsEmployment LawAppellate CourtToxic Mold ExposureTravis County Court

References

Case No. 2015-06-0977

Regular Panel Decision

May 21, 2019

Clay, Sharee v. Signature Healthcare

Ms. Clay, a CNA for Signature Healthcare, sustained neck and shoulder injuries while assisting a patient. Signature initially denied her workers' compensation claim, asserting her injuries were due to a prior car accident or pre-existing degenerative conditions. The Court found Ms. Clay's injuries were primarily work-related, crediting the testimony of Dr. Lanford and Dr. West. The Court ordered Signature Healthcare to provide ongoing medical treatment for her work-related injuries and pay her $20,731.50 in permanent partial disability benefits and $580.71 in temporary total disability benefits, totaling $21,312.21.

Workers' CompensationShoulder InjuryNeck InjuryCausationMedical TestimonyImpairment RatingDisability BenefitsTreating PhysicianIndependent Medical ExaminationCar Accident

References

Case No. MISSING

Regular Panel Decision

Wilie v. Signature Geophysical Services, Inc.

Jerry and Natalie Wilie, individually and as next friends of their children, appealed a summary judgment granted in favor of Signature Geophysical Services, Inc. and Elexco Corporation. The appeal stemmed from an automobile accident caused by Signature's employee, Jack Sonnier, while he was driving to pick up his paycheck after consuming alcohol. Appellants argued Sonnier was within the course and scope of his employment, challenged a misspelling of a defendant's name, and questioned the competency of summary judgment evidence due to defective affidavits. The appellate court affirmed the summary judgment, holding that Sonnier was not in the course and scope of employment while commuting to work, distinguishing the case from injuries occurring on employer premises. The court also found the misspelling non-prejudicial and disregarded the defective affidavits but still concluded summary judgment was properly granted.

Respondeat SuperiorSummary JudgmentCourse and Scope of EmploymentCommuting RuleSpecial Mission ExceptionEmployer LiabilityAutomobile AccidentNegligenceAppellate ReviewTexas Civil Procedure

References

Case No. M2013-00897-COA-R3-CV

Regular Panel Decision

Jul 31, 2014

Valley Forge Insurance Company v. State of Tennessee

This case concerns Valley Forge Insurance Company's appeal against the State of Tennessee regarding the imposition of retaliatory insurance premium taxes. Valley Forge, along with other Pennsylvania-domiciled insurance companies, challenged these taxes, arguing that Pennsylvania's surcharges for three Workmen's Compensation funds are not imposed on Tennessee-domiciled insurance companies. The Tennessee Claims Commission ruled in favor of the state, a decision which the Court of Appeals of Tennessee affirmed. The core issue revolves around whether certain Pennsylvania workers' compensation surcharges fall under Tennessee's retaliatory insurance premium tax statute. The court found that the surcharges are indeed imposed on insurance companies, not policyholders, and upheld the application of the retaliatory tax, rejecting arguments of due process, UAPA, full faith and credit, equal protection, and commerce clause violations.

Insurance Premium TaxRetaliatory TaxWorkers' Compensation SurchargesPennsylvania LawStatutory InterpretationEqual Protection ClauseFull Faith and Credit ClauseCommerce ClauseDue ProcessSummary Judgment

References

Case No. 2014-773 Q C

Regular Panel Decision

Sep 27, 2016

Laga v. Foremost Signature Ins. Co.

In this action, provider Adelaida M. Laga, as assignee of Jenny Jimenez, sought assigned first-party no-fault benefits from Foremost Signature Insurance Company. The Civil Court initially granted the defendant's motion for summary judgment, thereby dismissing the complaint. On appeal, the plaintiff argued that the defendant failed to legally establish that the fees charged exceeded the workers' compensation fee schedule. The Appellate Term, Second Department, reversed the Civil Court's order and denied the defendant's motion for summary judgment, siding with the plaintiff's argument.

No-fault benefitsSummary judgmentWorkers' compensation fee scheduleAppellate reviewInsurance claimMedical providerAssigneeCivil CourtAppellate TermDenial of benefits

References

Case No. E2010-01359-COA-R3-CV

Regular Panel Decision

Aug 25, 2011

Dennis W. Blackmon v. LP Pigeon Forge, LLC

Dennis W. Blackmon, son of decedent Lois L. Pierce, sued LP Pigeon Forge, LLC, and others, alleging nursing home negligence. The defendants moved to compel arbitration based on an agreement signed by Blackmon during his mother's admission. The trial court denied the motion, finding Blackmon lacked authority to sign on his mother's behalf, as her prior power of attorney had lapsed and the circumstances of the agreement's execution were unconscionable. The Court of Appeals of Tennessee affirmed the trial court's decision, reiterating that the decedent was competent and her son did not have actual or apparent authority to waive her rights to a jury trial. The court emphasized that a nursing home resident's right to independent judgment cannot be abridged without proper authorization.

Nursing Home NegligenceArbitration AgreementPower of AttorneyApparent AuthorityActual AuthorityContract ValidityUnconscionabilityElder LawPatient RightsAgency Law

References

Case No. 14-05-00909-CV

Regular Panel Decision

Jan 09, 2007

Ellwood Texas Forge Corporation v. Bobby Jones and Kelly Jones

Bobby Jones, an employee of independent contractor Process Installations (PI), was injured in a fall while replacing an air conditioning unit on Ellwood Texas Forge Corporation's premises. Jones and his wife, Kelly, sued Ellwood for negligence, alleging Ellwood retained control over PI's work and failed to ensure safety, as per Texas Civil Practice and Remedies Code section 95.003. A jury initially found in favor of the Joneses, but the appellate court reviewed the evidence for legal and factual sufficiency regarding Ellwood's control over PI's work. The court determined that Ellwood's right to forbid unsafe work or its general safety rules did not constitute the requisite actual control over the 'operative details' of PI's work. Consequently, the appellate court reversed the trial court's judgment and rendered a take-nothing judgment against the Joneses.

workplace injuryindependent contractor liabilitypremises liabilityemployer controlnegligenceTexas Civil Practice and Remedies CodeChapter 95legal sufficiencyfactual sufficiencyfall protection

References

Case No. 13-18-00186-CV

Regular Panel Decision

Apr 30, 2020

International Paper Company v. Signature Industrial Services, LLC and Jeffry M. Ogden

International Paper Company (IP) appealed a jury verdict awarding damages to Signature Industrial Services, LLC (Signature) and Jeffry Ogden in a contract dispute over a slaker construction project. Signature alleged IP breached the contract by failing to pay invoices after verbally modifying Field Charge Order (FCO) submission procedures, leading to significant financial distress and a lost sale opportunity. Ogden claimed personal damages from IRS penalties and credit reputation harm. The appellate court affirmed Signature's breach of contract and associated actual damages but reversed fraud and promissory estoppel claims for Signature, and all claims for Ogden. It also reversed consequential damages related to the lost sale and IRS penalties for Signature, affirming only lost owners' equity.

Breach of ContractFraudPromissory EstoppelConsequential DamagesActual DamagesContract InterpretationIndemnificationExpert Witness TestimonySufficiency of EvidenceAppellate Review

References

Case No. MISSING

Regular Panel Decision

Korman v. Sachs

This case concerns an appeal challenging the invalidation of Lorraine Backal's designating petition for Judge of the Surrogate’s Court, Bronx County. The Supreme Court initially ruled her petition invalid, citing fewer than the required 5,000 signatures under Election Law § 6-136 (2) (b). On appeal, while the court upheld the factual finding of insufficient signatures, it deemed the 5,000-signature requirement for Bronx County unconstitutional. The court found this disparity, compared to 2,000 signatures for counties of similar population outside New York City, violated the Equal Protection Clause. Consequently, the judgment invalidating Backal's petition was reversed, and the Board of Elections was directed to place her name on the ballot.

Election LawDesignating PetitionsConstitutional LawEqual ProtectionBallot AccessSignature RequirementsJudicial ElectionsNew York StateAppellate ReviewSurrogate's Court

References

Case No. MISSING

Regular Panel Decision

Moskowitz v. Board of Elections

The petitioner, an orthodox observer of Jewish Sabbaths and religious holidays, sought an order to compel the Board of Elections of the City of New York to accept signatures for his independent nominating petition after the statutory deadline of September 21, 1966. He argued that religious observances prevented him and his campaign workers from collecting signatures for 8 days, requesting additional time. The court found this argument "specious," noting that 42 days were allotted, and the petitioner only obtained 99 signatures in the remaining 32 days. The petitioner's secondary argument, challenging the constitutionality of requiring 3,000 signatures for independent candidates versus 750 for party candidates, was also rejected, citing prior case law that upheld the distinction. Consequently, the court denied the application and dismissed the petition.

Election LawIndependent CandidateNominating PetitionsSignature RequirementsReligious ObservanceStatutory DeadlinesConstitutional ChallengeJudicial DiscretionCandidate EligibilityBoard of Elections

References

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Updated Daily

Case Law Database

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

Case No. 03-03-00501-CV

Regular Panel Decision

Jun 24, 2004

William Paul Serur v. Churchill Forge Properties A/K/A C F Management-Texas Churchill Forge, Inc. Churchill Forge Management, Inc. Churchill Forge Oak Springs Apts., Inc.

Workers' CompensationFMLARetaliatory DischargeSummary JudgmentBreach of Contract401(k) BenefitsEmployment LawAppellate CourtToxic Mold ExposureTravis County Court

References

Case No. 2015-06-0977

Regular Panel Decision

May 21, 2019

Clay, Sharee v. Signature Healthcare

Workers' CompensationShoulder InjuryNeck InjuryCausationMedical TestimonyImpairment RatingDisability BenefitsTreating PhysicianIndependent Medical ExaminationCar Accident

References

Case No. MISSING

Regular Panel Decision

Wilie v. Signature Geophysical Services, Inc.

Respondeat SuperiorSummary JudgmentCourse and Scope of EmploymentCommuting RuleSpecial Mission ExceptionEmployer LiabilityAutomobile AccidentNegligenceAppellate ReviewTexas Civil Procedure

References

Case No. M2013-00897-COA-R3-CV

Regular Panel Decision

Jul 31, 2014

Valley Forge Insurance Company v. State of Tennessee

References

Case No. 2014-773 Q C

Regular Panel Decision

Sep 27, 2016

Laga v. Foremost Signature Ins. Co.

No-fault benefitsSummary judgmentWorkers' compensation fee scheduleAppellate reviewInsurance claimMedical providerAssigneeCivil CourtAppellate TermDenial of benefits

References

Case No. E2010-01359-COA-R3-CV

Regular Panel Decision

Aug 25, 2011

Dennis W. Blackmon v. LP Pigeon Forge, LLC

Nursing Home NegligenceArbitration AgreementPower of AttorneyApparent AuthorityActual AuthorityContract ValidityUnconscionabilityElder LawPatient RightsAgency Law

References

Case No. 14-05-00909-CV

Regular Panel Decision

Jan 09, 2007

Ellwood Texas Forge Corporation v. Bobby Jones and Kelly Jones

workplace injuryindependent contractor liabilitypremises liabilityemployer controlnegligenceTexas Civil Practice and Remedies CodeChapter 95legal sufficiencyfactual sufficiencyfall protection

References

Case No. 13-18-00186-CV

Regular Panel Decision

Apr 30, 2020

International Paper Company v. Signature Industrial Services, LLC and Jeffry M. Ogden

Breach of ContractFraudPromissory EstoppelConsequential DamagesActual DamagesContract InterpretationIndemnificationExpert Witness TestimonySufficiency of EvidenceAppellate Review

References

Case No. MISSING

Regular Panel Decision

Korman v. Sachs

Election LawDesignating PetitionsConstitutional LawEqual ProtectionBallot AccessSignature RequirementsJudicial ElectionsNew York StateAppellate ReviewSurrogate's Court

References

Case No. MISSING

Regular Panel Decision

Moskowitz v. Board of Elections

Election LawIndependent CandidateNominating PetitionsSignature RequirementsReligious ObservanceStatutory DeadlinesConstitutional ChallengeJudicial DiscretionCandidate EligibilityBoard of Elections

References

Showing 1-10 of 154 results

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