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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Mason v. Texas Employers' Insurance Ass'n

Charlie Mason, a 53-year-old truck driver, died of a heart attack while working a night shift in freezing weather. His widow filed a worker's compensation claim, asserting the heart attack was an occupational disease or an accidental injury resulting from his strenuous work conditions and long hours. The jury determined Mason had a heart attack but found it did not occur in the course of his employment. The appellate court affirmed the trial court's 'take nothing' judgment, finding no error in the jury instructions regarding the definition of 'occupational disease' or the refusal to include a specific definition of 'accidental injury'.

Worker's CompensationHeart AttackOccupational DiseaseCourse of EmploymentJury InstructionsAccidental InjuryAppellate ReviewCausationTexas LawTruck Driver
References
6
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
1
Case No. 03-14-00717-CV
Regular Panel Decision
Dec 04, 2014

Vivek Goswami, M.D. and Austin Heart, PLLC v. Nancy Jo Rodriguez

Nancy Jo Rodriguez filed a health care liability claim against Vivek Goswami, M.D., and Austin Heart, PLLC, alleging negligence related to her continued use of the drug Pradaxa. Rodriguez claims that despite an order from Dr. David Kessler to discontinue Pradaxa, Dr. Goswami failed to follow this order, and nurses/staff at Austin Heart authorized refills. This, she alleges, led to her hospitalization. Appellants objected to the expert report by Dr. Jeffrey A. Breall, arguing it was conclusory, lacked factual support, and failed to adequately define the standard of care, breach, and causation for each appellant. The trial court denied Appellants' motion to dismiss, finding Dr. Breall's report adequate. Appellants are appealing this denial, contending the trial court abused its discretion as the report did not constitute a good-faith effort to comply with Chapter 74 requirements, effectively negating its purpose by concealing facts and offering vague conclusions.

Medical MalpracticeExpert Report AdequacyTexas Civil Practice and Remedies CodeAbuse of DiscretionStandard of CareBreach of DutyCausationConclusory Expert OpinionsMotion to DismissPradaxa Medication
References
24
Case No. 03-02-00196-CV
Regular Panel Decision
Aug 29, 2003

Heart Hospital IV, L.P. and Texas Workforce Commission v. Charles A. King

Charles A. King, an employee of Heart Hospital IV, L.P., was denied unemployment benefits by the Texas Workforce Commission (TWC) after failing a drug test. King sought judicial review, initially filing in Travis County and later refiling in Bastrop County, 125 days after the TWC's final decision. Heart Hospital and TWC challenged the refiling, arguing King missed the 14-day statutory deadline for judicial review. The district court denied TWC's plea to the jurisdiction. The Court of Appeals reversed, holding that the 14-day deadline in the labor code is a jurisdictional prerequisite, making the sixty-day tolling provision of section 16.064 and equitable tolling inapplicable. Consequently, the district court lacked jurisdiction, and the cause was dismissed.

Unemployment BenefitsJurisdictional PrerequisiteStatutory DeadlinesJudicial ReviewTexas Labor CodePlea to JurisdictionTolling ProvisionsEquitable TollingCourt of AppealsAdministrative Law
References
16
Case No. ADJ8279816 ADJ9818108
Regular
Aug 29, 2017

JAY SEVOIAN vs. COUNTY OF LOS ANGELES

This case involves a deputy sheriff seeking workers' compensation for cumulative industrial injuries. The Administrative Law Judge (ALJ) found compensable injuries to the applicant's knees, asthma, sleep disorder, hemorrhoids, irritable bowel syndrome, and hypertensive heart disease. The Defendant sought reconsideration, arguing that the hypertensive heart disease should only be attributed to the later injury date. The Board denied reconsideration, adopting the ALJ's report, which found that the stress from the original cumulative injury contributed to the hypertensive heart disease as a "new and further disability" or a "compensable consequence injury." Therefore, the injuries were correctly combined for a single permanent disability award, with no apportionment.

Workers' Compensation Appeals BoardDeputy SheriffCumulative InjuryHypertensive Heart DiseaseLabor Code Section 3212Permanent DisabilityApportionmentNew and Further DisabilityCompensable Consequence InjuriesAgreed Medical Evaluator
References
5
Case No. MISSING
Regular Panel Decision

Helton v. State

Herbert Joe Helton appealed a Tennessee Claims Commission decision that denied him medical benefits for heart disease. Helton, a former state employee, first experienced coronary issues in 1977, necessitating a double coronary bypass, with subsequent medical expenses paid by the State of Tennessee under workers' compensation. In 1988, while employed by the City of Lakeside, he required additional heart surgery. His cardiologist, Dr. Noel Hunt, testified that the 1988 condition was a progression of the original 1977 heart disease, not a new injury. The Claims Commission initially applied the "last injurious exposure" rule, holding the City of Lakeside liable. However, the appellate court reversed, clarifying that where a prior compensable injury contributes to a later disability without new work conditions causing it, the first employer is liable, and for occupational diseases, the date of incapacity determines the applicable law.

Workers' CompensationOccupational DiseaseHeart DiseaseBypass SurgeryLast Injurious Exposure RuleCausationMedical BenefitsClaims CommissionSuccessive InjuryEmployer Liability
References
3
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Booth

R. W. Booth, a foreman at Bell Dairy Products, suffered a heart attack on February 3, 1977, attributing it to job-related stress and overwork, and sought worker's compensation benefits for an alleged occupational disease. A jury found that Booth sustained an occupational disease in the course of his employment, leading to temporary total and permanent partial incapacity. Although the jury also found arteriosclerosis contributed to his incapacity, the trial court disregarded this finding and ruled in Booth's favor. The Texas Employers’ Insurance Association appealed, arguing for reduced compensation under a statute concerning non-compensable disease aggravation. The appellate court affirmed the trial court's judgment, concluding that arteriosclerosis was part of the compensable arteriosclerotic heart disease rather than a separate non-compensable condition.

Worker's CompensationOccupational DiseaseHeart AttackArteriosclerosisCausationAggravationDisabilityAppealTexas LawMedical Diagnosis
References
2
Case No. MISSING
Regular Panel Decision

Bullock v. American Heart Ass'n

Carole Bullock was discharged from her employment with the American Heart Association (AHA) and entered into a separation agreement. AHA mistakenly overpaid Bullock, who then refused to return the funds, alleging unlawful employment practices and demanding more money. AHA sued to recover the overpayments. The trial court granted summary judgment in favor of AHA on most issues and awarded attorney's fees. Bullock appealed, contending the trial court erred in granting summary judgment, enforcing a jury waiver, and quashing subpoenas. The appellate court affirmed the trial court's judgment, concluding that Bullock's arguments were without merit.

Breach of Separation AgreementSummary JudgmentJury Waiver EnforcementApex DepositionEmployment DisputeOverpayment RecoveryAttorney's FeesAppellate ProcedureWaiver of ClaimsAge Discrimination Claims
References
27
Case No. MISSING
Regular Panel Decision

Bray v. Consolidated Coal Co.

Willis Bray, a coal miner, sought workers' compensation benefits for an occupational coal dust disease developed during his employment with Consolidation Coal Company. The defendant disputed liability, citing a one-year statute of limitations and attributing half of Bray's disability to a pre-existing heart condition. The court found that the statute of limitations did not bar the claim, as Bray's compensable disability and knowledge of his occupational disease only materialized in September 1967. The court concluded that Bray was entitled to recover for his lung disease, which was work-related, awarding him seventy-five percent permanent partial disability. Additionally, Bray was granted $1,093.10 for medical expenses, with the court noting a potential connection between his lung and heart conditions.

Occupational DiseaseCoal MinerPneumoconiosisStatute of LimitationsDisability BenefitsMedical ExpensesHeart DiseaseLung DiseaseCausationNotice Requirements
References
10
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