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Case Law Database

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

Case No. 04-16-00662-CV

Regular Panel Decision

Nov 01, 2017

Melissa Fuentes, Individually, and as Next Friend of Victor Robert Fuentes and Isabella Elaine Fuentes, Minors v. Texas Mutual Insurance Co.

Melissa Fuentes filed a death benefits claim after her husband, Robert Estrada, died in an automobile accident while commuting to work. Texas Mutual Insurance Company denied the claim, asserting Estrada was not in the course and scope of his employment at the time of the accident. After administrative reviews affirmed the denial, Fuentes sought judicial review. The trial court granted summary judgment for Texas Mutual, a decision Fuentes appealed. The appellate court affirmed, finding that while Estrada's travel furthered his employer's business, it did not originate in the business, and the weekly stipend for gas was a mere accommodation, not an integral part of his employment contract.

Course and Scope of EmploymentComing and Going RuleSummary JudgmentAppellate ReviewDeath BenefitsAutomobile AccidentTravel TimeStipend for ExpensesJudicial ReviewTexas Labor Code

References

Case No. MISSING

Regular Panel Decision

De La Fuente v. Home Savings Ass'n

This case concerns an appeal regarding a suit on a note for aluminum siding installation services. Appellants Pedro and Paula de la Fuente argued violations of the Texas Consumer Credit Code and the Home Solicitation Sales Act against appellee Home Savings, the assignee of the contract. The appellate court found that the contract unlawfully provided for a first lien on the de la Fuentes' residence and that the note was assigned to a third party on the same day it was executed, violating the Home Solicitation Sales Act. Consequently, the contract was deemed void and unenforceable. The court reversed the lower court's judgment, ruling in favor of the de la Fuentes and awarding them $4,000 plus $3,500 in attorney's fees.

Consumer Credit LawHome Solicitation SalesPromissory NoteContract DisputeUnlawful LienHolder in Due Course DoctrineAssignee LiabilityAttorney's Fees AwardContract EnforceabilityRetail Installment Contract

References

Case No. MISSING

Regular Panel Decision

Claim of Buchanon v. Adirondack Steel Casting Co.

The Workers' Compensation Board's decision and amended decision, which found that the claimant did not have a total industrial disability, were affirmed on appeal. The employer's argument regarding the untimeliness of the claimant's supplemental notice of appeal was rejected due to lack of proof of service for the amended decision. The Board's plenary authority to modify previous decisions was upheld, as no facts indicated arbitrary or capricious action in amending its prior decision. The court concluded that the Board's finding of no total industrial disability was supported by substantial evidence, noting that the case involved a conflict of medical opinion, which is a factual matter for the Board to resolve. All remaining arguments by the claimant were considered and dismissed.

Workers' Compensation Law § 23Industrial DisabilityAppellate ReviewBoard Decision AffirmationMedical Opinion ConflictSubstantial EvidenceTimeliness of AppealArbitrary and Capricious StandardFactual DisputeClaimant's Appeal

References

Case No. MISSING

Regular Panel Decision

Dec 21, 1992

Claim of Stokes v. Permanente

The Workers' Compensation Board initially ruled that the claimant sustained a compensable injury after being struck by a car while crossing a street from a parking lot to her workplace. This decision and an amended decision were subsequently appealed. The appellate court found substantial evidence to support the Board's finding that the injury occurred while the claimant was entering the employment premises, thus arising out of and in the course of her employment. Consequently, the court affirmed the Board's decision and amended decision.

Workers' CompensationEmployment InjuryCompensable InjuryGoing and Coming Rule ExceptionParking Lot InjuryAppellate ReviewBoard Decision Affirmed

References

Case No. MISSING

Regular Panel Decision

Claim of Farcasin v. PDG, Inc.

Claimant, a director of research and publications, developed neck and shoulder pain radiating to his arms and hands after working for the employer for a month, attributing it to a lack of an ergonomically designed workstation and an outdated computer. A Workers’ Compensation Law Judge initially found he suffered an occupational disease. The Workers’ Compensation Board affirmed this decision, but later amended it, ruling that claimant suffered an accidental injury. The employer appealed both decisions. The Court affirmed the Board's decision, finding no abuse of discretion in amending the prior decision and that substantial evidence supported the finding of an employment-related accidental injury, which can be established by medical evidence of repetitive acts causing debilitating injury, even if symptoms accrued gradually.

Workers' CompensationAccidental InjuryOccupational DiseaseRepetitive Strain InjuryErgonomicsAppellate ReviewBoard DecisionJurisdictionMedical EvidenceGradual Injury

References

Case No. MISSING

Regular Panel Decision

Texas Employers' Insurance Ass'n v. Fuentes

Juan B. Fuentes, a worker's compensation claimant, had his temporary disability benefits paid by Texas Employers’ Insurance Association, but further benefits were denied. A jury subsequently found Fuentes' total incapacity to be permanent, resulting in a judgment in his favor. The Association appealed, asserting nine points of error primarily concerning the court's charge to the jury. The appellate court affirmed the trial court's judgment, rejecting all arguments including challenges to the definitions of "producing cause" and "total incapacity". Additionally, the court denied a cross-point seeking damages for delay, concluding the appeal was not solely for dilatory purposes.

Worker's Compensation BenefitsTotal IncapacityPermanent DisabilityJury Charge ErrorJudicial AdmissionsProducing Cause DefinitionAppellate ReviewTrial Court JudgmentTexas Rules of Civil ProcedureInsurance Association

References

Case No. ADJ2218706 (VNO 0501260) ADJ1058308 (VNO 0482296)

Regular

Apr 19, 2010

DONNA DeRUSSY vs. ANTELOPE VALLEY HEALTH CARE SYSTEM, TRAVELER'S INSURANCE, SAFETY NATIONAL, FRONTIER INSURANCE

This case concerns appeals from a workers' compensation judge's decision regarding liability for cumulative trauma injury. The Appeals Board granted reconsideration to clarify the determination of the date of injury under Labor Code § 5412, which is crucial for assigning liability to the insurer covering the last year of exposure. The Board found the WCJ's decision lacked sufficient clarity and specific findings regarding disability and knowledge of causation. Therefore, the prior decision was rescinded, and the case was returned for further proceedings to make clear findings consistent with established legal principles.

Workers' Compensation Appeals BoardDonna DeRussyAntelope Valley Health Care SystemTravelers InsuranceSafety NationalFrontier Insurancecumulative traumadate of injuryLabor Code §5500.5Labor Code §5412

References

Case No. ADJ1210556 (AGO 0018589)

Regular

Oct 10, 2008

EDWIN MILLER vs. KEEBLER COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and granted reconsideration of the WCJ's prior decisions regarding medical mileage and penalties. The Board found the WCJ failed to properly consider statutory factors in determining a "reasonable geographic area" for the applicant's medical treatment. Consequently, the WCAB rescinded the WCJ's decisions and returned the case to the trial level for further proceedings and a new decision addressing all outstanding issues, including the definition of a reasonable geographic area for treatment.

WCABPetition for RemovalPetition for ReconsiderationMedical MileageReasonable Geographic AreaLabor Code Section 4600Administrative Director Rule 9780(h)WCJBoltonRamirez

References

Case No. No. 5423

Regular Panel Decision

Apr 03, 1980

TEXAS EMP. INS. ASS'N v. Fuentes

Juan B. Fuentes, an appellee, sought worker's compensation benefits. The Texas Employers' Insurance Association, appellant, contested additional benefits beyond the 43 weeks paid for temporary disability. A jury determined Fuentes' total incapacity was permanent, leading to a judgment in his favor. The Association appealed, alleging errors in the trial court's jury charge, specifically concerning language related to "comment directly on the weight of the evidence," "singling out and unduly emphasizing certain evidence," and definitions of "producing cause" and "total incapacity." The Court of Civil Appeals of Texas, Eastland, affirmed the trial court's judgment, finding no reversible error in the jury instructions or definitions.

Worker's CompensationPermanent DisabilityTotal IncapacityJury InstructionsProducing CauseCourt's ChargeJudicial AdmissionsAppellate ReviewTexas Civil ProcedureBurden of Proof

References

Case No. MISSING

Regular Panel Decision

Claim of Zechmann v. Canisteo Volunteer Fire Department

This case involves an appeal from decisions of the Workers’ Compensation Board regarding death benefits. The claimant's decedent had applied for these benefits. The Board determined that the claim was not barred by Workers’ Compensation Law § 123, making the Special Fund for Reopened Cases liable for the payments under Workers’ Compensation Law § 25-a. The appeals court affirmed the Board’s decision and amended decision, holding that the Special Fund is responsible for the payment of death benefits.

Death BenefitsWorkers' CompensationSpecial FundReopened CasesAppealsStatutory InterpretationLiabilityClaimantDecedentBoard Decision

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. 04-16-00662-CV

Regular Panel Decision

Nov 01, 2017

Melissa Fuentes, Individually, and as Next Friend of Victor Robert Fuentes and Isabella Elaine Fuentes, Minors v. Texas Mutual Insurance Co.

Course and Scope of EmploymentComing and Going RuleSummary JudgmentAppellate ReviewDeath BenefitsAutomobile AccidentTravel TimeStipend for ExpensesJudicial ReviewTexas Labor Code

References

Case No. MISSING

Regular Panel Decision

De La Fuente v. Home Savings Ass'n

References

Case No. MISSING

Regular Panel Decision

Claim of Buchanon v. Adirondack Steel Casting Co.

References

Case No. MISSING

Regular Panel Decision

Dec 21, 1992

Claim of Stokes v. Permanente

Workers' CompensationEmployment InjuryCompensable InjuryGoing and Coming Rule ExceptionParking Lot InjuryAppellate ReviewBoard Decision Affirmed

References

Case No. MISSING

Regular Panel Decision

Claim of Farcasin v. PDG, Inc.

Workers' CompensationAccidental InjuryOccupational DiseaseRepetitive Strain InjuryErgonomicsAppellate ReviewBoard DecisionJurisdictionMedical EvidenceGradual Injury

References

Case No. MISSING

Regular Panel Decision

Texas Employers' Insurance Ass'n v. Fuentes

References

Case No. ADJ2218706 (VNO 0501260) ADJ1058308 (VNO 0482296)

Regular

Apr 19, 2010

DONNA DeRUSSY vs. ANTELOPE VALLEY HEALTH CARE SYSTEM, TRAVELER'S INSURANCE, SAFETY NATIONAL, FRONTIER INSURANCE

References

Case No. ADJ1210556 (AGO 0018589)

Regular

Oct 10, 2008

EDWIN MILLER vs. KEEBLER COMPANY

WCABPetition for RemovalPetition for ReconsiderationMedical MileageReasonable Geographic AreaLabor Code Section 4600Administrative Director Rule 9780(h)WCJBoltonRamirez

References

Case No. No. 5423

Regular Panel Decision

Apr 03, 1980

TEXAS EMP. INS. ASS'N v. Fuentes

Worker's CompensationPermanent DisabilityTotal IncapacityJury InstructionsProducing CauseCourt's ChargeJudicial AdmissionsAppellate ReviewTexas Civil ProcedureBurden of Proof

References

Case No. MISSING

Regular Panel Decision

Claim of Zechmann v. Canisteo Volunteer Fire Department

Death BenefitsWorkers' CompensationSpecial FundReopened CasesAppealsStatutory InterpretationLiabilityClaimantDecedentBoard Decision

References

Showing 1-10 of 27,086 results

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