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

Case No. 03-99-00851-CV
Regular Panel Decision
Nov 02, 2000

Texas A&M University, Geochemical and Environmental Research Group, and the College of Geosciences and Maritime Studies v. William H. Chambers

William H. Chambers, a former lab manager, sued Texas A&M University and its related entities under the Texas Whistleblower Act, alleging his termination was retaliation for reporting perceived illegal activities to the university's internal audit department. A jury initially found in favor of Chambers, awarding him over $195,000 in damages. Texas A&M appealed, contending the trial court erred by including a statutory presumption of retaliation in the jury charge and by improperly calculating prejudgment interest. The Court of Appeals sustained Texas A&M's arguments, ruling that the presumption instruction was an improper comment on the weight of the evidence and that prejudgment interest was incorrectly calculated on future earnings and compounded annually. Consequently, the appellate court reversed the trial court's judgment and remanded the cause for a new trial.

Whistleblower ActRetaliationWrongful TerminationJury Instruction ErrorPrejudgment InterestFuture EarningsBurden of ProofStatutory PresumptionEmployment LawTexas Law
References
17
Case No. MISSING
Regular Panel Decision

TEXAS a & M UNIVERSITY v. Chambers

William H. (Hank) Chambers sued Texas A & M University, its Research Group, and the College of Geoscience and Maritime Studies under the Texas Whistleblower Act, alleging retaliatory termination after reporting suspected illegal activities. A jury initially found in favor of Chambers, awarding him over $195,000. On appeal, Texas A & M contended that the trial court erred by instructing the jury with a statutory presumption of retaliation after it had been rebutted, and by incorrectly calculating prejudgment interest. The appellate court sustained Texas A & M’s points of error, finding the jury instruction on the presumption to be an improper comment on the weight of the evidence and noting errors in the interest calculation. Consequently, the judgment of the trial court was reversed, and the cause was remanded for a new trial.

Whistleblower ActRetaliatory TerminationJury InstructionsStatutory PresumptionBurden of ProofPrejudgment InterestFuture EarningsAppellate ReviewRemandGovernment Code
References
22
Case No. MISSING
Regular Panel Decision

Moss v. Department of Civil Service

The petitioner, a Senior Youth Parole Worker, initiated an Article 78 proceeding challenging the State Department of Civil Service's requirement of a Master's degree for the Youth Parole Supervisor promotion examination. His application was denied due to the lack of this degree, despite his advanced graduate study and prior assurances of eligibility based on earlier prerequisites. The court affirmed the Civil Service Department's broad discretion in establishing minimum qualifications for competitive examinations. It ruled that earlier prerequisites or unauthorized assurances do not confer a vested right to bypass current requirements, which are subject to the exclusive jurisdiction of the State Department of Civil Service. Consequently, the application was denied, and the petition dismissed.

Civil Service LawPromotion ExaminationEducational RequirementsMaster's DegreeYouth Parole SupervisorDiscretionVested RightsArticle 78 ProceedingState EmployeesCivil Service Commission
References
6
Case No. MISSING
Regular Panel Decision

Claim of Lickona v. New York State Department of Mental Hygiene

This case involves an appeal from a decision awarding workers' compensation benefits for disability to a power plant helper at Hudson River State Hospital. The claimant was injured shortly after beginning work and resigned to pursue graduate studies, leading to a dispute over the calculation of the average weekly wage. The central issue was whether subdivision 2 or 3 of section 14 of the Workmen’s Compensation Law should apply. Appellants argued the claimant was a seasonal worker, necessitating subdivision 3, but the Board found the employment was not seasonal and that claimant was not a seasonal worker. The Board's decision to apply subdivision 2, based on a stipulation regarding a similar worker's earnings, was affirmed on appeal.

Workers' Compensation LawAverage Weekly WageSeasonal WorkerPower Plant HelperDisability CompensationGraduate Student FellowshipStipulation of WagesSubdivision 2 Section 14Subdivision 3 Section 14Appeal Decision
References
3
Case No. MISSING
Regular Panel Decision

State v. Fleischer

The State initiated a motion for summary judgment to reclaim salary and tuition funds provided to the defendant for graduate studies. The defendant had contractually agreed to return to employment with the Sullivan County Department of Social Services as a caseworker for a period proportional to the educational leave. However, the defendant subsequently refused to fulfill this obligation, prompting the State's legal action for breach of contract. The defendant argued that the county breached the agreement and that an oral modification occurred, but the court found these claims unsubstantiated by the clear contractual terms and a warning letter from the Commissioner. Consequently, the court found no triable issues of fact and granted summary judgment in favor of the State, ordering the defendant to reimburse the $11,731.82.

Contract LawBreach of ContractSummary JudgmentEducational LeaveScholarship AgreementPublic Welfare EmployeesSocial Services LawEmployee TrainingState Recovery ActionCounty Employment
References
2
Case No. MISSING
Regular Panel Decision

Procter & Gamble Co. v. Ultreo, Inc.

The Procter & Gamble Company (P&G) sued Ultreo, Inc. for false advertising under the Lanham Act and the New York Consumer Protection Act, specifically challenging Ultreo's claims about its toothbrush technology. P&G sought the disclosure of five scientific studies conducted by Ultreo, arguing they were discoverable business documents. Ultreo resisted, claiming the studies were protected by attorney work product privilege. The court rejected Ultreo's argument, finding that the studies were a core part of Ultreo’s business plan to substantiate its advertising claims and would have been prepared regardless of anticipated litigation. Therefore, the court ordered Ultreo to produce the studies to P&G.

False advertisingLanham ActNew York Consumer Protection ActDiscovery disputeAttorney work productPrivilegeScientific studiesClinical researchLitigation anticipationBusiness plan
References
7
Case No. ADJ6550105; ADJ6777358 ADJ6777361; ADJ6976802
Regular
Jun 24, 2014

ESTHER GARCIA vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP

This case involves an applicant with multiple workers' compensation claims. At a mandatory settlement conference, the judge ordered a sleep study, which the defendant challenged. The Appeals Board granted the defendant's petition for removal, finding the order for the sleep study premature. The Board rescinded the sleep study order, stating that such an order cannot be made before the case is tried or submitted, and before it's established that specific medical opinions are deficient.

Petition for RemovalDecision After RemovalMandatory Settlement ConferenceSleep StudyDiscovery OrderMedical Record AugmentationPanel Qualified Medical EvaluatorThreshold MatterDevelop the RecordAdmission of Evidence
References
0
Case No. ADJ9870999
Regular
Feb 13, 2017

ROBIN SMITH vs. CITY OF SUNNYVALE

This case involves a firefighter claiming breast cancer arose from employment exposure to carcinogens, triggering a statutory presumption of industrial causation under Labor Code section 3212.1. The employer sought to rebut this presumption by arguing a medical examiner found no studies linking applicant's specific exposures to breast cancer. However, the Appeals Board denied reconsideration, affirming that the employer failed to prove there is *no reasonable link* between workplace carcinogen exposure and the applicant's cancer, a higher bar than simply the absence of direct scientific studies. The Board reiterated that an employer must affirmatively demonstrate a lack of reasonable connection, not just highlight a lack of studies supporting causation.

Labor Code section 3212.1presumption of industrial causationpublic safety officerfirefightercarcinogen exposurebreast cancerdisputable presumptioncontroverted evidencereasonable linkburden of proof
References
3
Case No. MISSING
Regular Panel Decision

Smith v. Dow Chemical Co.

Plaintiff filed a motion to compel discovery from defendants Dow and PPG regarding documents related to ongoing research studies on the harmful effects of vinyl chloride, which her deceased husband William Smith was allegedly exposed to. Defendants countered with a motion for a protective order, citing a qualified researcher's/scholar's privilege and arguing that the incomplete studies were irrelevant and inadmissible under Daubert standards. The court granted plaintiff's motion to compel, finding that defendants failed to provide sufficient information to establish a privilege claim and that arguments concerning the admissibility of incomplete studies were premature. The court also denied defendants' motion for a protective order, instructing defendants to produce the requested documents.

DiscoveryResearcher's PrivilegeScholar's PrivilegeMotion to CompelProtective OrderVinyl Chloride ExposureScientific StudiesExpert TestimonyAdmissibility of EvidenceFederal Rules of Civil Procedure
References
17
Case No. MISSING
Regular Panel Decision

In re V. R. P-L.

The petitioners sought certification as qualified adoptive parents for M.EL. under Domestic Relations Law § 115-d, aiming to satisfy USCIS home study requirements for an I-600 petition. The USCIS had previously rejected their independent social worker's home study and suggested either an authorized agency home study or a DRL § 115-d certification. The court, however, determined that DRL § 115-d was inappropriate for foreign-born children sought for adoption as orphans, and that such cases fall under DRL § 115-a. Despite the USCIS's guidance and the petitioners' time constraints, the court was compelled by state law to dismiss the petition due to its reliance on the incorrect statutory section.

AdoptionPrivate Placement AdoptionForeign AdoptionOrphanUSCISI-600 PetitionHome StudyDomestic Relations LawNew York Family CourtStatutory Construction
References
8
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