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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

Emmi v. Emmi

Plaintiff Anthony Emmi commenced this action to recover for injuries he sustained when he fell from a scaffold while working on the construction of the defendant’s house. His wife, Natalie Emmi, sought damages in a derivative action. The IAS Court initially granted partial summary judgment to the plaintiffs on the issue of the defendant’s liability under Labor Law § 240 and Workers’ Compensation Law § 11. The appellate court found that the defendant homeowner’s extensive involvement in the construction project, acting as a general contractor and overseeing the entire project, precluded him from the one and two-family dwelling exception to strict liability under Labor Law § 240. However, the court also determined that the plaintiff’s employment was not covered under the Workers’ Compensation Law because the defendant was not carrying on a business for pecuniary gain. Therefore, the order was modified to remove liability under Workers' Compensation Law § 11.

Scaffold fallconstruction injuryLabor Law § 240Workers' Compensation Lawhomeowner liabilityone and two-family dwelling exceptiongeneral contractorpecuniary gainderivative actionsummary judgment
References
5
Case No. 03-14-00650-CV
Regular Panel Decision
Sep 15, 2014

Wesley Spears and Renee Jacobs v. Falcon Pointe Community Homeowner's Association

This is an appeal initiated by homeowners Wesley Spears and Renee Jacobs against Falcon Pointe Community Homeowners' Association. The dispute arose after the homeowners extended their fence's height without obtaining prior approval, violating the Association's rules. The trial court granted summary judgment in favor of the Association, ruling that the

Homeowners' AssociationCovenant ViolationFence HeightSummary JudgmentAppellate BriefDeclaratory Judgment ActionDeceptive Trade Practices Act (DTPA)Motion for ContinuanceRecusal MotionTrial Court Judgment
References
47
Case No. MISSING
Regular Panel Decision

Employers' Liability Assur. Corp. v. Williams

J. H. Williams, an employee, sustained an injury in September 1924 while working for American Construction Company, an insured employer under the Texas Employers’ Liability Act. He initially received weekly compensation payments from Employers’ Liability Assurance Corporation, Limited. After payments ceased, Williams sought a lump sum award from the Industrial Accident Board, which was granted in June 1925. The assurance corporation subsequently sued in the district court of Galveston county to set aside this award. Williams cross-petitioned for total and permanent disability and a lump sum payment due to manifest hardship. A jury found Williams totally and permanently disabled, and the court sided with Williams, awarding him and his attorneys, Morris, Sewell & Morris, a lump sum of $6,032.15. The assurance corporation appealed this judgment, contesting the finding of total permanent disability and the lump sum award. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the jury's findings and noting the appellant's failure to follow legal procedures regarding a surgical operation demand.

Workers' CompensationTotal Permanent DisabilityLump Sum SettlementIndustrial Accident BoardAppellate ReviewMedical Expert TestimonyJury FindingsEmployer LiabilitySurgical InterventionManifest Hardship
References
6
Case No. MISSING
Regular Panel Decision

Van Amerogen v. Donnini

This dissenting opinion addresses the interpretation of the 'owners of one and two-family dwellings' exemption from Labor Law liability under sections 240 and 241. Justice Levine argues that the exemption, intended to protect typical homeowners, should be strictly construed and not applied to owners who acquire residential property purely for investment and income-producing purposes. The dissent references legislative history from the Law Revision Commission, highlighting the rationale that the nondelegable duty to workers is based on the owner's dominant economic position, which breaks down for typical homeowners but not for real estate developers or investors. Therefore, the dissent concludes that such investors fall outside the protected class, maintaining that the Supreme Court correctly denied summary judgment to the defendants. The final order, however, reversed this decision, granted summary judgment to defendants, and dismissed the complaint.

Labor LawStatutory InterpretationLegislative HistoryExemption ClauseOne-Two Family DwellingsOwner LiabilityConstruction AccidentsSummary JudgmentDissenting OpinionAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Morelock v. Danbrod Realty Corporation

Plaintiff, injured due to a scaffold collapse during a house renovation project overseen by Joel Levin for Danbrod Realty Corporation, initiated a personal injury lawsuit, alleging negligence and violations of Labor Law sections 200, 240(1), and 241(6) against Danbrod, Levin, and Morton Schermerhorn, Jr. The Supreme Court initially granted Danbrod's cross-motion for summary judgment on the Labor Law § 240(1) claim. However, on appeal, the court determined that Danbrod, a real estate development corporation purchasing the property solely for commercial renovation and resale, did not qualify for the homeowner exemption from strict liability under Labor Law § 240(1). Consequently, the appellate court reversed the lower court's decision regarding Danbrod and awarded summary judgment to the plaintiff on the issue of liability against Danbrod.

Labor Lawscaffold collapsepersonal injurysummary judgmentstrict liabilityowner liabilitycommercial use exemptionreal estate developmentrenovation projectAppellate Division
References
5
Case No. MISSING
Regular Panel Decision
Feb 16, 2010

Zhu Wei Shi v. Jun Lan Zhang

The plaintiff, hired to repair a damaged garage door at the defendants' three-family dwelling, suffered personal injuries after falling from an allegedly old, shaky, and unsteady ladder that twisted, bent, and collapsed. He initiated an action against the homeowners, including Bi Yu Zhang, asserting claims under common-law negligence and Labor Law §§ 200, 240 (1), and 241. The plaintiff moved for summary judgment on the issue of liability under Labor Law § 240 (1), but the Supreme Court, Queens County, denied the motion. The Appellate Division reversed the lower court's decision, finding that the collapse of the ladder constituted a prima facie violation of Labor Law § 240 (1) and was the proximate cause of the plaintiff's injuries. The defendants failed to present a triable issue of fact, leading to the granting of the plaintiff's motion for summary judgment on liability.

Ladder AccidentLabor LawSummary JudgmentPersonal InjuryHomeowner LiabilityDefective EquipmentProximate CauseAppellate DivisionNew York LawQueens County
References
9
Case No. MISSING
Regular Panel Decision

Anzaldua v. American Guarantee & Liability Insurance Co.

This worker's compensation case involves an appeal by Esther Anzaldua against American Guarantee & Liability Insurance Company, the compensation carrier. Anzaldua was injured on the job and sued after rejecting an award from the Texas Industrial Accident Board. A jury awarded her damages for partial incapacity and medical expenses, but Anzaldua appealed, alleging the medical award was insufficient, that certain medical reports were improperly admitted due to hearsay, and that a supplemental jury charge was coercive. The court affirmed the lower court's judgment, finding the jury's verdict supported by evidence, the medical reports properly admitted, and the supplemental charge not coercive.

Workers' CompensationMedical ExpensesJury VerdictEvidence AdmissibilitySupplemental Jury ChargeCoercionIncapacityAppealTexas LawInsurance
References
7
Case No. MISSING
Regular Panel Decision

Loblaw, Inc. v. Employers' Liability Assurance Corp.

Loblaw, Inc., a self-insured retail chain, sued its excess insurer, Employers’ Liability Assurance Corporation, for reimbursement under a workers’ compensation policy. The dispute centered on whether Loblaw timely notified Employers’ of an employee's escalating injury claim. Loblaw initially believed the claim would not exceed its $25,000 self-retention, delaying notice until June 1972, despite warnings from its agent and mounting costs. The Supreme Court, Erie County, initially sided with Loblaw, but the Appellate Division reversed, ruling Loblaw had an ongoing obligation to notify the insurer and was derelict by May 1969. This court affirmed the Appellate Division's dismissal of Loblaw's complaint, holding that the notice given in June 1972 was too late as a matter of law, given the claim had exceeded $21,000 by December 1970.

Insurance policy interpretationWorkers' compensationExcess insuranceNotice provisionSelf-insurerTimely noticeAppellate reviewContract constructionObjective standardSubjective judgment
References
22
Case No. MISSING
Regular Panel Decision

Electric Mutual Liability Insurance Co. v. White

Electric Mutual Liability Insurance Company appealed a worker’s compensation judgment concerning Ira Gillis White, who sustained a back injury. A jury found White totally incapacitated for three months and permanently partially incapacitated thereafter, establishing his weekly earning capacity at $150 during the partial incapacity period. Electric Mutual contended that the trial court erred in excluding evidence of White’s pre-injury wages and that the jury’s finding on earning capacity was unsupported or against the evidence. The appellate court affirmed the trial court’s decision, explaining that worker’s compensation aims to compensate for loss of earning capacity, not just actual wages, and that post-injury earnings do not conclusively prove capacity. The court found sufficient evidence to support the jury's assessment of White's diminished earning capacity, considering his pain and physical limitations despite continued employment.

Worker's CompensationIncapacityEarning CapacityBack InjuryHerniated DiscMedical EvidenceWage ExclusionJury FindingsAppellate ReviewTexas Law
References
7
Case No. MISSING
Regular Panel Decision
Jul 21, 1990

Fullenwider v. American Guarantee & Liability Insurance Co.

This is an appeal in a worker's compensation case. The plaintiff, Lucille Fullenwider, alleged she developed industrial asthma while working for Motorola, Inc., leading to total and permanent incapacity. The jury found she did not suffer an occupational injury, and the trial court rendered judgment in favor of the defendant, American Guarantee & Liability Insurance Company. The sole issue on appeal was whether the trial court erred in permitting two undisclosed expert witnesses to testify when interrogatories requesting their names were not supplemented thirty days prior to trial. The appellate court concluded that while the trial court abused its discretion in admitting the testimony without a finding of good cause, the error was harmless as the plaintiff was not prejudiced, and affirmed the trial court's judgment.

Expert Witness TestimonyDiscovery RulesGood Cause ExceptionTrial Court DiscretionAbuse of DiscretionHarmful ErrorWorker's CompensationIndustrial AsthmaOccupational InjuryUndisclosed Witnesses
References
17
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