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Case Law Database

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

Case No. 2-06-107-CV
Regular Panel Decision
Feb 22, 2007

Mark Haire and Karen Haire v. Nathan Watson Company and Fugro South, Inc.

Mark and Karen Haire (Haires) sued Nathan Watson Company (NWC), the subdivision developer, and Fugro South, Inc. (Fugro), a geotechnical engineering firm, for alleged negligence and breach of implied warranties under the Texas Deceptive Trade Practices Act (DTPA) due to severe foundation issues in their home. The trial court granted summary judgment to both NWC and Fugro. On appeal, the Court of Appeals for the Second District of Texas affirmed the summary judgment in favor of Fugro but reversed and remanded the summary judgment in favor of NWC. The court found that the "as is" provision in the Haires' home purchase contract did not apply to NWC or Fugro because they were not parties to the contract. However, the claims against Fugro were upheld due to the Haires' failure to challenge the "no-duty" argument for negligence and their pre-purchase knowledge barring the implied warranty claim.

Summary JudgmentAs Is ClauseImplied WarrantyNegligenceStandingCollateral EstoppelReal Estate LawProperty DamageFoundation IssuesDeceptive Trade Practices Act
References
25
Case No. MISSING
Regular Panel Decision

Haire v. Nathan Watson Co.

Mark and Karen Haire initiated legal action against Fug-ro South, Inc. and Nathan Watson Company, alleging negligence and breach of implied warranties related to severe foundation issues in their home. The Haires, who purchased the home "as is" in 2001, argued that Fugro, a geotechnical firm, and NWC, the subdivision developer, were responsible for the damages that arose post-purchase. The trial court granted summary judgment for both defendants, leading to this appeal. The appellate court affirmed the summary judgment for Fugro, finding the Haires' pre-purchase knowledge of potential problems barred their implied warranty claims and noting their unchallenged negligence claim dismissal. However, the court reversed the summary judgment for NWC, ruling that the "as is" contractual provision between the Haires and the seller did not extend to non-contracting third parties.

Summary JudgmentReal Estate LawFoundation DefectsAs-Is ClauseImplied WarrantyNegligenceTexas Deceptive Trade Practices ActDeveloper LiabilityGeotechnical EngineeringThird-Party Beneficiary
References
25
Case No. MISSING
Regular Panel Decision

Claim of Rushnek v. Ford Motor Co.

The Workers' Compensation Board ruled that Ford Motor Company was entirely responsible for a claimant's hearing loss, which began with a 13% pre-employment loss and progressed to 23.2% by retirement. Ford appealed this decision, challenging its liability for the pre-existing portion of the hearing loss, especially considering the timing of the relevant Workers' Compensation Law provisions. The court clarified that the date of disablement, in this instance, was August 1974, thus making Workers' Compensation Law § 49-ee applicable. It determined that while the last employer is generally liable for total hearing loss, an exception exists for pre-existing, occupationally caused hearing loss, allowing for reimbursement. The court reversed the Board's decision and remitted the case, instructing further proceedings to ascertain if the claimant's initial hearing loss was work-related, which would then allow Ford to seek reimbursement from prior employers.

Workers' Compensation LawOccupational hearing lossEmployer liabilityPre-existing conditionReimbursement proceduresDate of disablementAudiometric examinationAppellate reviewStatutory interpretationFord Motor Company
References
4
Case No. MISSING
Regular Panel Decision

Normile v. Allstate Insurance

Chief Judge Cooke's dissenting opinion critiques the majority's interpretation of Insurance Law section 671 (subd 2, par [b]) regarding how collateral source payments affect an insurer's aggregate $50,000 liability for basic economic loss. The dissent argues that the majority's method, which allows insurers to reduce their total liability by these payments, leads to an incomplete recovery for injured parties, particularly when total losses exceed $50,000. Cooke proposes an alternative allocation where collateral source payments are first applied to cover losses beyond the $50,000 basic economic loss threshold. This approach, he contends, ensures that insurers pay the full $50,000 in first-party benefits and only take credit for collateral sources that would otherwise result in a double recovery within the basic economic loss limit, or for amounts exceeding the $50,000 threshold. The dissenting judge asserts that the Legislature did not intend to create such an inequity, where injured individuals are left with less than full compensation while insurers avoid their primary obligation.

Insurance Law InterpretationBasic Economic LossCollateral Source PaymentsNo-Fault InsuranceWorkers' Compensation BenefitsSocial Security Disability BenefitsDissenting OpinionAggregate LiabilityFirst-Party BenefitsDouble Recovery
References
2
Case No. ADJ3213121 (LBO 0361407)
Regular
Aug 30, 2010

GLENDA M. BRUCE vs. COMPTON COMMUNITY COLLEGE, KEENAN & ASSOCIATES

The Appeals Board granted defendant's petition for removal, reversing a prior order that quashed the applicant's deposition. The applicant amended her claim to include hair loss and a fall after her last deposition. The Board found good cause for an additional deposition, as the defendant did not have notice of these new claims prior to the previous depositions. Therefore, the applicant is required to submit to a fifth deposition specifically addressing the hair loss and fall allegations.

Petition for RemovalQuashed DepositionCompensable ConsequencesAmended ApplicationIndustrial InjuryHair LossFallPrior NoticeFifth DepositionRescinded Order
References
0
Case No. MISSING
Regular Panel Decision

Matter of Terranova v. Lehr Construction Co.

In 2009, Claimant sustained a right knee injury at work, leading to workers' compensation benefits and a 10% schedule loss of use award. Concurrently, Claimant settled a third-party action for $173,500. A dispute arose concerning the carrier's credit and the apportionment of litigation expenses from the third-party settlement, specifically whether Burns v Varriale or Matter of Kelly v State Ins. Fund applied to a schedule loss of use award. The Workers’ Compensation Board ruled that Matter of Kelly controlled, denying Claimant ongoing payments for litigation expenses. The appellate court affirmed, clarifying that for schedule loss of use awards, future benefits are ascertainable, making Matter of Kelly applicable.

Schedule Loss of UseThird-Party SettlementWorkers’ Compensation BenefitsLitigation ExpensesCarrier CreditApportionment of Counsel FeesFuture BenefitsIndependent Medical ExaminationOrthopedist ReportCourt of Appeals Precedent
References
5
Case No. MISSING
Regular Panel Decision

Claim of Grugan v. The Record

Claimant sustained a work-related injury to her left hand in 2007, leading to a dispute over whether she should receive a permanent partial disability classification or a schedule loss of use award. The Workers’ Compensation Board ultimately issued a 15% schedule loss of use award, which the claimant appealed. The Appellate Division affirmed the Board's decision, finding that substantial evidence supported the determination. The court noted that claimant had reached maximum medical improvement and her condition was stable, factors supporting a schedule loss of use award. Conflicting medical opinions from the treating orthopedist and an independent medical examiner were resolved by the Board within its discretion.

Schedule Loss of UsePermanent Partial DisabilityWorkers' Compensation BoardMedical EvidenceIndependent Medical ExaminationTreating PhysicianAppellate ReviewBoard DiscretionMaximum Medical ImprovementConflicting Medical Opinions
References
3
Case No. MISSING
Regular Panel Decision

Hyde v. North River Insurance

This case examines whether an insurance carrier, having paid no-fault benefits, can assert a lien against a judgment recovered by its insured for pain, suffering, and future economic loss. The plaintiff, an injured insured, received $50,000 in no-fault benefits from North River Insurance Company. In a subsequent tort action against the County of Rensselaer, the plaintiff secured a $1,000,000 verdict. The insurance company filed a lien against this judgment. The Special Term and appellate courts affirmed that the lien was invalid because the jury's verdict explicitly excluded basic economic loss, thereby preventing a double recovery. The decision clarifies that liens are only enforceable against recoveries that duplicate previously paid basic economic losses.

No-Fault BenefitsInsurance LienSummary Judgment AppealPersonal Injury CompensationBasic Economic LossNon-Economic LossPain and Suffering DamagesDouble Recovery PreventionStatutory LienAutomobile Accident
References
12
Case No. MISSING
Regular Panel Decision
Jun 22, 2015

Claim of Barrett v. New York City Department of Transportation

The case involves an appeal from a Workers’ Compensation Board decision regarding a claimant injured in a 2011 work-related motor vehicle accident. A WCLJ classified the claimant with a permanent partial disability and a 25% loss of wage-earning capacity, ruling that he would be entitled to 250 weeks of benefits if his full wages ceased. The Board affirmed this, leading the employer to appeal, arguing that the claimant's current full wages meant a 100% wage-earning capacity, rendering the 25% loss finding unlawful. The court affirmed the Board’s decision, distinguishing between 'loss of wage-earning capacity' (fixed, for benefit duration) and 'wage-earning capacity' (fluctuating, for weekly rates).

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityLoss of Wage-Earning CapacityBenefit DurationAppellate ReviewStatutory InterpretationMotor Vehicle AccidentNew York Workers' Compensation BoardDisability Classification
References
2
Case No. MISSING
Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss
References
3
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