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

Case No. 13-14-00030-CV
Regular Panel Decision
Aug 29, 2014

Mary Melinda Barnes v. Navarro Hospital, LP, Navarro Regional, LLC, D/B/A NAVREG, LLC

Mary Melinda Barnes, an employee, sued Navarro Hospital for injuries sustained at work, alleging negligence. Navarro moved to dismiss, arguing the claim constituted a health care liability claim (HCLC) under the Texas Medical Liability Act (TMLA), which required an expert medical report that Barnes failed to provide. Barnes subsequently attempted to amend her petition to remove HCLC-related allegations. The trial court granted Navarro's motion to dismiss, and the Court of Appeals affirmed. The appellate court concluded that the original petition established the claim as an HCLC, and Barnes's amended pleadings were an attempt to bypass TMLA requirements.

Health Care Liability ClaimMedical Expert Report RequirementMotion to DismissAppellate AffirmationTexas Medical Liability ActNon-subscriber EmployerNegligence ClaimPremises LiabilitySuperseded PleadingsStatutory Interpretation
References
10
Case No. ADJ9839444; ADJ8274021; ADJ8272270; ADJ8272417
Regular
Jul 20, 2017

TONY NAVARRO (Deceased), JENNIFER NAVARRO (Widow) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, CALPERS, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES

The Workers' Compensation Appeals Board denied reconsideration of the decision awarding death benefits to the widow of Tony Navarro. The Board gave great weight to the Administrative Law Judge's credibility determination, finding no substantial evidence to overturn it. They also noted that the opinion of one physician can constitute substantial evidence, even if it conflicts with others. The judge's finding that Mr. Navarro's prescribed medications contributed to his death was deemed persuasive and analogous to established case law.

CALPERSSCIFCorrectional SergeantCardiac arrestGastric bleedHemorrhagic gastritisVentricular fibrillationQualified Medical ExaminationCoroner's opinionSubstantial evidence
References
3
Case No. MISSING
Regular Panel Decision

Krier v. Navarro

Eduardo Navarro, a former Bexar County elections administrator, sued Bexar County and its Elections Commission after an unsuccessful attempt to remove him from his position. The central legal question was whether an elections administrator is a public officer, subject to constitutionally mandated two-year terms, or a public employee, terminable only for cause under the Texas Election Code. The trial court ruled that an elections administrator is an employee and granted an injunction against Navarro's removal, also awarding attorney's fees. On appeal, the county challenged the trial court's jurisdiction, the characterization of an elections administrator, and the attorney's fees. The appellate court affirmed the trial court's judgment, holding that an elections administrator is an employee, not a public officer, and that the trial court had jurisdiction.

Public Officer vs. Public EmployeeElections AdministratorTexas Election CodeConstitutional LawEmployment LawTerm LimitsDeclaratory JudgmentInjunctive ReliefJurisdictionAttorney's Fees
References
9
Case No. MISSING
Regular Panel Decision
Jun 03, 2009

Navarro v. City of New York

The injured plaintiff, Dorian Navarro, fell from a ladder while attempting to retrieve a dropped tool inside a public school's basement, alleging injuries due to violations of Labor Law §§ 200, 240 (1), 241 (6) and common-law negligence. The Supreme Court initially granted summary judgment to the defendants, dismissing most causes of action. However, the appellate court modified this order, reinstating the Labor Law § 200 and common-law negligence claims against the City of New York and the Board of Education, finding triable issues of fact regarding their liability concerning a dangerous ladder and a slippery grease condition. The claims against the New York City School Construction Authority and the Labor Law §§ 240 (1) and 241 (6) claims against all defendants were properly dismissed, as the accident was deemed too far removed from construction-related activity. The case was modified to deny summary judgment on certain claims and affirmed in part.

Personal InjuryLadder AccidentPremises LiabilityCommon-Law NegligenceSummary JudgmentAppellate DivisionDangerous ConditionProximate CauseTriable Issues of FactProperty Owner Liability
References
12
Case No. MISSING
Regular Panel Decision

Gerardo Rico v. Judson Lofts, Ltd.

Gerardo Rico appealed a summary judgment in favor of Judson Lofts, Ltd. in his common law negligence suit, seeking recovery for workplace injuries. The central issue was whether Judson Lofts, Ltd. was protected by the Texas Workers' Compensation Act's exclusive remedy provision, specifically debating if Judson Lofts, Ltd. was covered by a workers' compensation policy issued to 'Judson Lofts, LLC' by Nationwide Staff Leasing. The appellate court affirmed that Judson Lofts, Ltd. and Judson Lofts, LLC were the same entity. However, the court found the Service Agreement between Judson and Nationwide ambiguous regarding the sharing of employment responsibilities, such as direction, control, hiring, and firing, as mandated by the Staff Leasing Services Act. Consequently, the trial court's summary judgment was reversed, and the case was remanded for further proceedings because Judson failed to conclusively establish its affirmative defense.

NegligenceWorkplace InjurySummary JudgmentWorkers' Compensation ActStaff Leasing Services ActExclusive Remedy ProvisionCo-employer LiabilityContract AmbiguityTypographical ErrorAppellate Review
References
22
Case No. 2020 NY Slip Op 02504
Regular Panel Decision
Apr 30, 2020

Matter of Navarro v. General Motors

Claimant Jose A. Navarro sustained work-related injuries in 1996 and was subsequently diagnosed with temporary partial and total disabilities. The Workers' Compensation Board made various decisions regarding his disability awards, particularly from April 1997 to September 2011, and issues related to his attachment to the labor market and alleged fraud under Workers' Compensation Law § 114-a. The Board modified some WCLJ decisions and remitted parts of the case for further consideration. Claimant appealed the Board's decision, but the Appellate Division, Third Department, dismissed the appeal, holding that the Board's decision was nonfinal and did not involve a threshold legal issue, thus precluding piecemeal review. A dissenting opinion argued that certain aspects of the temporary disability awards were final and reviewable.

Disability AwardsTemporary Partial DisabilityVoluntary Withdrawal from Labor MarketNonfinal DecisionAppeal DismissedMedical Evidence PreclusionJudicial RecusalWorkers' Compensation BoardAppellate DivisionClaimant's Testimony
References
13
Case No. 14-19-00394-CV
Regular Panel Decision
Dec 29, 2020

Gerardo Batista Ortiz v. Builders First Source - South Texas, LP

Gerardo Batista Ortiz was injured during his employment with Builders First Source - South Texas, LP, a nonsubscriber to workers’ compensation. His claim was subject to arbitration under the Federal Arbitration Act. After a previous arbitration and related litigation, the claims were re-arbitrated, resulting in an award for Ortiz. Ortiz sought to modify the award to include prejudgment interest and costs, which the arbitrator denied. The trial court confirmed the arbitrator's award and denied Ortiz's motion to modify. On appeal, Ortiz argued that the trial court erred in not granting his motion. The appellate court affirmed the trial court's decision, holding that the arbitration award accurately reflected the arbitrator's intent and that the court did not have the authority to modify the award to grant additional relief.

ArbitrationPrejudgment InterestPost-judgment InterestCostsFederal Arbitration ActTexas General Arbitration ActArbitration AwardWorkers' Compensation NonsubscriberInjury Benefit PlanAppellate Review
References
15
Case No. 02-10-00438-CV
Regular Panel Decision
Jan 05, 2012

Gerardo DeLeon v. Thos. S. Byrne, Ltd., F/K/A Thos. S. Byrne, Inc. and Unique Staff Leasing I, Ltd., D/B/A Unique Staffing

Appellant Gerardo DeLeon suffered a crushed foot while working on a construction site and sued the general contractor, Thos. S. Byrne, Ltd., and the staff leasing company, Unique Staff Leasing I, Ltd., for negligence. The trial court initially granted summary judgment for both defendants. On appeal, the Court of Appeals for the Second District of Texas affirmed the summary judgment for Byrne regarding negligent hiring, but reversed it on the negligence claim, finding that Byrne retained sufficient contractual control over the subcontractor's work to establish a duty of care. For Unique, the court reversed the summary judgment, concluding that a genuine issue of material fact existed regarding the employment status of Gray, another worker, with Unique. The case was therefore remanded to the trial court for further proceedings consistent with the opinion.

Personal InjurySummary JudgmentNegligenceContractual ControlIndependent ContractorStaff LeasingEmployment LawDuty of CareConstruction AccidentBoom Lift
References
40
Case No. MISSING
Regular Panel Decision

Jose Gerardo Padilla, Giovanna Padilla and Houston Best Foods & Services, LLC D/B/A Doneraki Fulton v. Metropolitan Transit Authority of Harris County

Appellants Jose Gerardo Padilla, Giov-anna Padilla, and Houston Best Foods & Services, LLC d/b/a Doneraki Fulton appealed the trial court's dismissal of their inverse condemnation lawsuit against the Metropolitan Transit Authority of Harris County (Metro). They alleged that Metro's light rail construction along Fulton Street temporarily blocked access to their Doneraki restaurant, causing its closure and significant losses, entitling them to compensation under Article 1, Section 17 of the Texas Constitution. The trial court had dismissed the case for lack of subject-matter jurisdiction, asserting that any damages were non-compensable community damages and that Metro lacked the necessary intent for a taking. The appellate court, however, found that the jurisdictional evidence raised genuine issues of material fact regarding both Metro’s intent and whether the construction caused a temporary, total denial of access to the restaurant. Consequently, the appellate court reversed the trial court's order of dismissal and remanded the case for further proceedings.

inverse condemnationsubject-matter jurisdictionaccess impairmenttemporary total denialproperty rightsgovernmental intentTexas Constitutionlight rail projectconstruction damageslost profits
References
22
Case No. ADJ6488616 ADJ6594232 ADJ6619612
Regular
Apr 20, 2003

Esperanza Navarro vs. MERVYNS, TRAVELLERS

The Workers' Compensation Appeals Board denied Esperanza Navarro's petition for reconsideration in cases ADJ6488616, ADJ6594232, and ADJ6619612. The Board adopted the findings and reasoning of the workers' compensation administrative law judge. This decision upholds the original ruling, denying Navarro's request for further review.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationADJ6488616ADJ6594232ADJ6619612Esperanza NavarroMervynsTravellers
References
0
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