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Case Law Database

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

Case No. W2009-02668-COA-R3-CV

Regular Panel Decision

Jul 13, 2010

Glenda Hampton v. Northwest Tennessee Human Resource Agency

This is a personal injury case stemming from an automobile accident where an employee of Northwest Tennessee Human Resource Agency backed a van into a vehicle driven by Glenda Hampton. Ms. Hampton sustained a right shoulder injury that eventually required arthroscopic surgery. While liability was stipulated, the defendant disputed causation. The trial court found the accident caused Ms. Hampton's shoulder injury and awarded her $102,552.40 in damages. The Court of Appeals affirmed the trial court's judgment, upholding the findings on both causation and the damage award.

Personal InjuryAutomobile AccidentCausation DisputeShoulder InjuryArthroscopic SurgeryRotator Cuff TearLabral TearMedical Expert CredibilityDamage Award ReviewPain and Suffering Damages

References

Case No. MISSING

Regular Panel Decision

Hastings v. South Central Human Resource Agency

This is an appeal regarding the termination of two employees, Hart Hastings and Teri Laster, by the South Central Human Resource Agency (SCHRA). The trial court found SCHRA acted illegally, arbitrarily, and capriciously in summarily discharging the plaintiffs without proper notice and hearing, ordering their reinstatement with back pay. SCHRA appealed, arguing it is not a state agency, the Grievance Committee hearing did not violate the "Sunshine Law" (Open Meetings Act), and the trial court erred in interpreting its personnel policies regarding misconduct. The appellate court determined SCHRA is a state agency, but reversed the trial court's finding that the Grievance Committee violated the Sunshine Law, stating the committee was not a "governing body." Furthermore, the appellate court found the Grievance Committee did not act fraudulently, illegally, or arbitrarily in upholding the terminations, as "falsification of records" and "improper program management" could be construed as misconduct justifying immediate dismissal under SCHRA's policies.

Government agency statusEmployee terminationDue processPersonnel policiesAdministrative lawOpen meetings actSunshine lawJudicial reviewMisconductFalsification of records

References

Case No. 2019 NY Slip Op 05756 [175 AD3d 134]

Regular Panel Decision

Jul 23, 2019

Matter of People Care Inc. v. City of New York Human Resources Admin.

The New York Appellate Division, First Department, affirmed the Supreme Court's decision, which annulled the Human Resources Administration's (HRA) demand to recoup approximately $7 million in Health Care Reform Act (HCRA) funds from People Care Incorporated. The core issue was whether HRA possessed the authority to audit and recover these HCRA funds, established as a distinct Medicaid reimbursement program for worker recruitment and retention, from personal care service providers. The Court found that neither Public Health Law § 2807-v (1) (bb) nor the Memorandum of Understanding between the Department of Health (DOH) and HRA delegated such auditing and recoupment powers to HRA. It rejected HRA's arguments that HCRA funds were merely a subset of general Medicaid funds subject to its existing contractual audit authority, or that DOH's actions constituted ratification of HRA's authority. Consequently, the Court upheld the injunction preventing HRA from recouping the disputed HCRA funds from People Care.

Administrative LawMedicaid ReimbursementAuditing AuthorityStatutory ConstructionInter-agency AgreementsHealthcare Reform ActPersonal Care ServicesGovernment ContractsCPLR Article 78Delegation of Power

References

Case No. 2014-06-0063

Regular Panel Decision

Feb 27, 2015

McCord, Patricia v. Advantage Human Resourcing

Patricia McCord, an employee of Advantage Human Resourcing, sought an expedited hearing for medical benefits after sustaining a back and shoulder injury on October 3, 2014, while lifting boxes at work. She contended the injury was work-related and that she timely reported it. Advantage Human Resourcing argued the injury was not work-related and that McCord failed to provide timely notice, citing initial medical records that did not list the injury as work-related. The Workers' Compensation Judge, Joshua Davis Baker, found Ms. McCord's testimony credible, determining she suffered a compensable work-related injury and reported it within the statutory 30-day timeframe. Consequently, the Court ordered Advantage Human Resourcing to provide Ms. McCord with medical treatment, including a panel of three physicians, in accordance with Tennessee workers' compensation law.

Workers' CompensationBack InjuryShoulder InjuryExpedited HearingMedical BenefitsEmployment InjuryAccident ReportTimely NoticeCausationHerniated Disc

References

Case No. 12-21-00147-CV

Regular Panel Decision

Apr 06, 2022

Texas Health and Human Services Commission v. Willow Bend Center

The Texas Health and Human Services Commission (HHS) appealed a temporary injunction granted to Willow Bend Center, a childcare facility facing license revocation due to alleged abuse and neglect. Willow Bend sought the injunction to continue operating during administrative appeals, which the trial court granted based on a finding of no health or safety risk to children. HHS argued the trial court lacked subject matter jurisdiction because Willow Bend failed to sufficiently plead facts to waive sovereign immunity. The appellate court agreed that Willow Bend's pleadings did not establish jurisdiction under the limited waiver in the Texas Human Resources Code § 42.072(e). Consequently, the judgment was reversed, and the case remanded to allow Willow Bend an opportunity to amend its pleadings to cure the jurisdictional defect.

Sovereign immunitytemporary injunctionchildcare licenseadministrative appealsjurisdictionpleading sufficiencywaiver of immunityhealth and safety riskTexas Human Resources Codeappellate review

References

Case No. 2019-06-2251

Regular Panel Decision

Aug 10, 2020

Turner, Arebius v. Advantage Human Resourcing, Inc.

Arebius Turner, an employee, sought medical benefits for a right-thumb injury and an alleged mental injury stemming from a workplace accident. The employer, Advantage Human Resourcing, Inc., accepted the thumb injury claim but disputed the mental injury's compensability and Mr. Turner's request for a new panel of physicians. The Court found Mr. Turner unlikely to prove that his thumb required additional treatment or that his employment caused his mental injury (high blood pressure and anxiety), citing insufficient medical evidence. While the Court denied Mr. Turner's requests for benefits and a new physician panel, it referred Advantage Human Resourcing to the Compliance Program for failing to provide a panel of physicians as legally required.

Thumb InjuryMental InjuryExpedited HearingMedical Benefits ClaimPanel of PhysiciansCausation (Medical)Employer Non-ComplianceRight to TreatmentTennessee Workers' Compensation LawPTSD

References

Case No. 03-12-00293-CV

Regular Panel Decision

Jul 12, 2013

Southwest Pharmacy Solutions, Inc. D/B/A American Pharmacies v. Texas Health and Human Services Commission and Thomas Suehs, Solely in His Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission

Southwest Pharmacy Solutions, Inc. d/b/a American Pharmacies appealed a trial court's judgment granting a plea to the jurisdiction filed by the Texas Health and Human Services Commission (HHSC) and its Executive Commissioner. American Pharmacies challenged HHSC's rulemaking obligations and specific rules related to pharmacy benefits under the Texas Medicaid managed care (MMC) program. They argued that HHSC failed to regulate reimbursement rates for pharmacies and did not comply with statutory requirements for analyzing the economic impact on small businesses. The appellate court affirmed the trial court's judgment, concluding that HHSC was not obligated to set reimbursement rates under the MMC model and had substantially complied with the relevant government code regarding small business impact. The court also determined that American Pharmacies lacked a justiciable interest as their economic losses stemmed from legislative changes rather than the challenged rules.

Medicaid Managed CarePharmacy BenefitsReimbursement RatesAdministrative Procedure ActDeclaratory JudgmentPlea to the JurisdictionUltra ViresStatutory ConstructionSmall Business ImpactTexas Court of Appeals

References

Case No. MISSING

Regular Panel Decision

Lower Laguna Madre Foundation, Inc. v. Texas Natural Resource Conservation Commission

The Lower Laguna Madre Foundation and Walter Kittelberger appealed a district court's summary judgment in favor of the Texas Natural Resource Conservation Commission and Loma Alta Trust. The appeal addressed four issues: whether a section of the Texas Administrative Code created an exemption for shrimp research facilities, if the Commission violated the Texas Water Code regarding exemption conditions, whether the rule's adoption order contained a reasoned justification under the Administrative Procedure Act, and if the failure to provide for an appeal in the exemption rule prejudiced the Foundation's rights. The appellate court affirmed the district court's decision, finding the exemption valid, the Commission's actions compliant with the Water Code, the justification sufficient, and no prejudice to the Foundation's rights.

Administrative LawEnvironmental LawAquaculture RegulationShrimp Research FacilitiesSummary Judgment AppealStatutory ConstructionRule-Making AuthorityReasoned JustificationAdministrative Procedure Act (APA)Texas Water Code

References

Case No. MISSING

Regular Panel Decision

Laura Beeman and Janet Lock v. Brad Livingston, in His Official Capacity as Executive Director of the Texas Department of Criminal Justice

Deaf inmates, led by Laura Beeman, sued Brad Livingston, Executive Director of the Texas Department of Criminal Justice (TDCJ), claiming he violated the Texas Human Resources Code by not providing reasonable accommodations for their impairment. The trial court initially ruled in favor of Beeman, mandating specific accommodations. However, the court of appeals reversed this decision, asserting that TDCJ prisons do not qualify as "public facilities" under Chapter 121 of the Code, thus granting Livingston sovereign immunity and negating the ultra vires exception. This Court affirmed the court of appeals' judgment, concluding that the legislative intent behind the Human Resources Code did not extend its "public facilities" definition to include prisons. Consequently, Beeman's suit was dismissed for want of jurisdiction.

Disability LawSovereign ImmunityUltra Vires DoctrineStatutory InterpretationPrison ConditionsTexas Human Resources CodeInmate RightsAccessibilityPublic FacilitiesJudicial Review

References

Case No. MISSING

Regular Panel Decision

Uddin v. City of New York

Jamal Uddin, an employee of the New York City Human Resources Administration (HRA), filed a lawsuit against the City of New York, HRA, Director Janice Scott, and Supervisor Roy Francis, alleging retaliation. Uddin claimed the defendants retaliated against him for a prior discrimination lawsuit (Uddin I) by preparing false disciplinary charges, denying him resources like a working telephone, denying promotional opportunities, and unlawfully removing his name from a civil service list. The defendants moved for summary judgment, arguing they lacked knowledge of Uddin's protected activity and that Uddin did not suffer adverse employment actions. The court ultimately granted the defendants' motion for summary judgment, dismissing Uddin's complaint, finding he failed to establish a prima facie case of retaliation.

RetaliationEmployment DiscriminationSummary JudgmentTitle VIISection 1983New York State Executive LawNew York City Human Rights LawAdverse Employment ActionCausationProtected Activity

References

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Updated Daily

Case Law Database

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

Case No. W2009-02668-COA-R3-CV

Regular Panel Decision

Jul 13, 2010

Glenda Hampton v. Northwest Tennessee Human Resource Agency

Personal InjuryAutomobile AccidentCausation DisputeShoulder InjuryArthroscopic SurgeryRotator Cuff TearLabral TearMedical Expert CredibilityDamage Award ReviewPain and Suffering Damages

References

Case No. MISSING

Regular Panel Decision

Hastings v. South Central Human Resource Agency

Government agency statusEmployee terminationDue processPersonnel policiesAdministrative lawOpen meetings actSunshine lawJudicial reviewMisconductFalsification of records

References

Case No. 2019 NY Slip Op 05756 [175 AD3d 134]

Regular Panel Decision

Jul 23, 2019

Matter of People Care Inc. v. City of New York Human Resources Admin.

References

Case No. 2014-06-0063

Regular Panel Decision

Feb 27, 2015

McCord, Patricia v. Advantage Human Resourcing

Workers' CompensationBack InjuryShoulder InjuryExpedited HearingMedical BenefitsEmployment InjuryAccident ReportTimely NoticeCausationHerniated Disc

References

Case No. 12-21-00147-CV

Regular Panel Decision

Apr 06, 2022

Texas Health and Human Services Commission v. Willow Bend Center

Sovereign immunitytemporary injunctionchildcare licenseadministrative appealsjurisdictionpleading sufficiencywaiver of immunityhealth and safety riskTexas Human Resources Codeappellate review

References

Case No. 2019-06-2251

Regular Panel Decision

Aug 10, 2020

Turner, Arebius v. Advantage Human Resourcing, Inc.

Thumb InjuryMental InjuryExpedited HearingMedical Benefits ClaimPanel of PhysiciansCausation (Medical)Employer Non-ComplianceRight to TreatmentTennessee Workers' Compensation LawPTSD

References

Case No. 03-12-00293-CV

Regular Panel Decision

Jul 12, 2013

Southwest Pharmacy Solutions, Inc. D/B/A American Pharmacies v. Texas Health and Human Services Commission and Thomas Suehs, Solely in His Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission

References

Case No. MISSING

Regular Panel Decision

Lower Laguna Madre Foundation, Inc. v. Texas Natural Resource Conservation Commission

References

Case No. MISSING

Regular Panel Decision

Laura Beeman and Janet Lock v. Brad Livingston, in His Official Capacity as Executive Director of the Texas Department of Criminal Justice

Disability LawSovereign ImmunityUltra Vires DoctrineStatutory InterpretationPrison ConditionsTexas Human Resources CodeInmate RightsAccessibilityPublic FacilitiesJudicial Review

References

Case No. MISSING

Regular Panel Decision

Uddin v. City of New York

RetaliationEmployment DiscriminationSummary JudgmentTitle VIISection 1983New York State Executive LawNew York City Human Rights LawAdverse Employment ActionCausationProtected Activity

References

Showing 1-10 of 6,768 results

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