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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Szwalla v. Time Warner Cable, LLC

The plaintiff, Ms. Szwalla, an account executive, sued her employer, Time Warner Cable, alleging sexual harassment, hostile work environment, and retaliation in violation of Title VII. Her claims stemmed from alleged inappropriate comments and actions by managers Paul Noyd and Cory Karanik, and subsequent reassignments and warnings regarding sales performance. Defendants moved for summary judgment, arguing they exercised reasonable care to prevent harassment and that Ms. Szwalla unreasonably delayed reporting. The court granted summary judgment for the defendants, finding that they established the Faragher/Ellerth affirmative defense against the hostile work environment claim due to their prompt response to reported harassment and Ms. Szwalla's unjustified delay in reporting. Additionally, the court found that none of the alleged retaliatory actions, individually or in aggregate, constituted a materially adverse employment action.

sexual harassmenthostile work environmentretaliationTitle VIIsummary judgmentFaragher/Ellerth defenseadverse employment actionworkplace discriminationemployee disciplinesales performance
References
38
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Leake

Appellee H. B. Leake sued appellant Texas Employers’ Insurance Association to overturn an Industrial Accident Board award and seek compensation for a 1935 back injury. Leake filed his claim nine years later, alleging "good cause" due to initial belief of trivial injury and doctors misdiagnosing his condition as rheumatism, a claim supported by a jury verdict. However, the appellate court reversed the judgment, ruling that Leake’s testimony, even when viewed favorably, failed to establish "good cause" for the extensive delay. The court highlighted that Leake knew of his injury from the start, suffered continuous pain, and notably withheld injury details from his consulted physicians. Furthermore, a two-year period following a varicose vein operation lacked any documented "good cause" for continued delay in filing, solidifying the court's decision to render judgment for the appellant.

Delayed Claim FilingGood Cause ExceptionStatute of LimitationsWorkman's CompensationBack InjuryMedical MisdiagnosisPermanent Total IncapacityAppellate ReviewReversed and RenderedIndustrial Accident Board
References
14
Case No. MISSING
Regular Panel Decision

O'Neil v. Roman Catholic Diocese

A student worker at St. Ephrem’s Church (the plaintiff) experienced sexual harassment from a visiting priest. After a particularly egregious incident, she informed other parish priests who promptly referred her to law enforcement. The plaintiff subsequently sued the Roman Catholic Diocese of Brooklyn and St. Ephrem’s Church for sexual harassment, negligence, negligent hiring, and negligent supervision, arguing they should have known of the priest's propensity. The Supreme Court, Kings County, granted summary judgment to the Diocese defendants, dismissing the plaintiff's claims, finding they lacked actual or constructive knowledge. The appellate court affirmed this decision, concluding that the defendants met their burden in demonstrating no prior knowledge of the visiting priest's conduct and acted diligently once informed.

Sexual HarassmentHostile Work EnvironmentNegligenceNegligent HiringNegligent SupervisionSummary JudgmentEmployer LiabilityConstructive KnowledgeDiscriminationNew York City Human Rights Law
References
8
Case No. MISSING
Regular Panel Decision

Morales v. Ellen

This appeal concerns the application of the Texas Open Records Act (TORA) regarding the disclosure of investigative records pertaining to sexual harassment allegations against John Ellen, a former police lieutenant. The Attorney General challenged a trial court's decision that withheld the names and detailed statements of witnesses, citing privacy concerns, while ordering the release of Ellen's affidavit and the police board's findings. The appellate court affirmed the trial court's judgment, balancing the public's right to information about government affairs against the privacy rights of individuals involved in intimate and embarrassing sexual harassment investigations. It concluded that disclosing witness identities would discourage future reporting and cooperation, thereby upholding the privacy exemption under TORA.

Texas Open Records ActTORASexual HarassmentPrivacy RightsInvestigative RecordsGovernment TransparencyWitness ProtectionPublic OfficialsEctor CountyAppellate Law
References
11
Case No. MISSING
Regular Panel Decision

Lamarr-Arruz v. CVS Pharmacy, Inc.

This case involves claims of a hostile work environment and retaliation brought by Zaire Lamarr-Arruz and Mominna Ansoralli against CVS Pharmacy, Inc. Plaintiffs allege racial profiling of customers and a barrage of racial slurs by supervisors and managers, violating 42 U.S.C. §1981, NYSHRL, and NYCHRL. Lamarr-Arruz also filed a retaliation claim, alleging delayed return from medical leave and termination due to his complaints. CVS sought summary judgment, denying the allegations and arguing the lack of supervisory responsibility for some alleged harassers and the availability of their anti-harassment policy. The court denied CVS's motions for summary judgment, finding genuine disputes of material fact regarding the existence of a hostile work environment for Ansoralli, the imputation of hostile conduct to CVS, and Lamarr-Arruz's retaliation claim, including the pretextual nature of his termination reasons.

Hostile Work EnvironmentRacial DiscriminationRetaliationSummary JudgmentEmployment LawCivil Rights Act of 1991New York Human Rights LawNew York City Human Rights LawEmployer LiabilitySupervisory Liability
References
60
Case No. ADJ6973825
Regular
May 21, 2012

MONICA BENARD vs. JENNY CRAIG, SEDGWICK CMS

This case concerns a penalty imposed on Jenny Craig for unreasonably delaying authorization for applicant Monica Benard's chiropractic treatment. The WCJ found a 25% penalty for the delay, which Jenny Craig appealed, arguing the delay was due to the applicant's choice of a chiropractor outside their Medical Provider Network (MPN). The Appeals Board affirmed the unreasonable delay finding but reduced the penalty to 20% of the delayed treatment's value, citing a failure in case management rather than intentional disregard. Jurisdiction was reserved for the parties to adjust the penalty amount.

Workers Compensation Appeals BoardMonica BenardJenny CraigSedgwick CMSADJ6973825ReconsiderationFindings and AwardLabor Code section 5814Medical Provider Network (MPN)chiropractic treatment
References
9
Case No. ADJ9932467
Regular
Oct 16, 2017

THERESA MCFARLAND vs. REDLANDS UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied an applicant's petition for reconsideration, affirming the WCJ's decision that "Return-To-Work" supplemental payments under Labor Code section 139.48 are not "compensation" as defined by Labor Code section 3207. Therefore, the applicant was not entitled to a second penalty under Labor Code section 5814 for the employer's delay in providing a Supplemental Job Displacement Benefit voucher, as that delay did not cause a delay in a compensable benefit. The Board found that the applicant's penalty claim for the voucher delay was already resolved and that imposing a second penalty for a non-compensable benefit delay would be unfair and against the principle of balancing justice.

Labor Code section 139.48Return-To-Work supplemental paymentscompensation definitionLabor Code section 3207Labor Code section 5814 penaltyLabor Code section 4658.7 voucherSupplemental Job Displacement Benefitcompromise and release agreementGage v. Workers' Comp. Appeals Bd.unreasonable delay
References
1
Case No. MISSING
Regular Panel Decision

Blau Mechanical Corp. v. City of New York

This appeal addresses whether contractual delays, for which the plaintiff-respondent sought monetary damages for plumbing work at the New York Zoological Park, were contemplated by the parties' agreement. The court concluded that these delays were indeed contemplated, reversing a prior Supreme Court finding. The contract included a clause barring damages for delay unless caused by intentional wrongdoing, gross negligence, or willful misconduct. The plaintiff alleged delays due to structural changes, unexpected subsurface conditions, and interference from a local community group. However, the court found that the contract explicitly anticipated changes and differing subsurface conditions. Additionally, delays from community group intrusion were not attributable to the City as grossly negligent or intentional, thereby precluding recovery for damages.

Contractual DelaysDamages for DelayContemplated DelaysConstruction ContractPlumbing WorkNew York CityAppellate ReviewSubsurface ConditionsChange OrdersCommunity Interference
References
4
Case No. MISSING
Regular Panel Decision

Waffle House, Inc. v. Williams

Cathie Williams sued her employer, Waffle House, Inc., for sexual harassment under the Texas Commission on Human Rights Act (TCHRA) and negligent supervision/retention after enduring offensive comments and physical contact from a coworker, Eddie Davis. Despite Williams' complaints to management, the harassment continued, leading to her constructive discharge. A jury found in favor of Williams on both claims, awarding significant damages for the common-law claim. However, the Supreme Court reversed the court of appeals' judgment, ruling that the TCHRA's specific and tailored anti-harassment remedy is preemptive when negligence is entwined with harassment. The Court held that Williams' common-law claim was based on the same conduct as her TCHRA claim and that allowing it would undermine the Legislature's comprehensive statutory scheme. The case was remanded to the court of appeals to address the statutory sexual harassment issues.

Sexual HarassmentNegligent SupervisionNegligent RetentionPreemptionTCHRATexas Supreme CourtHostile Work EnvironmentConstructive DischargeJury VerdictCommon Law Tort
References
40
Case No. MISSING
Regular Panel Decision

Peck v. HUDSON CITY SCHOOL DIST., HUDSON, NY

The Court addressed defendant Hudson City School District's (HCSD) motion in limine regarding various evidentiary matters in a sexual harassment case brought by an employee against HCSD and a maintenance worker, John Walsh. The plaintiff alleged hostile work environment and quid pro quo harassment under Title VII. The Court denied HCSD's motions to exclude evidence of harassment prior to December 1, 1995, evidence of another employee's harassment, evidence related to Walsh's meeting with a student, and evidence concerning Walsh's resignation. The Court granted HCSD's motions to preclude the plaintiff from testifying about certain employee statements (unless within scope of authority) and to prevent introduction of evidence regarding HCSD's subsequent change in sexual harassment policy. The Court reserved decision on precluding Dr. Gilly's medical testimony pending further explanation from the plaintiff.

Motion in LimineSexual HarassmentHostile Work EnvironmentTitle VIIContinuing Violation ExceptionEvidentiary RulingsFederal Rules of EvidenceFederal Rules of Civil ProcedureTreating Physician TestimonyHearsay
References
10
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