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

Case No. 05-1073
Regular Panel Decision
Dec 20, 2005

In Re Hurricane Rita

The Multidistrict Litigation Panel reviewed a motion to appoint a pretrial judge for six lawsuits in Hidalgo and Harris counties, all stemming from a bus fire incident on September 23, 2005, during Hurricane Rita's evacuation. The bus, chartered by Global Charter Services for Brighton Gardens residents, caught fire near Dallas, resulting in twenty-three fatalities and several injuries. The panel concluded that consolidating these related cases for pretrial proceedings before a single judge would enhance the convenience of parties and witnesses and promote efficient litigation, despite differing plaintiff circumstances, including potential workers' compensation or healthcare claims. Consequently, the panel granted the motion and appointed Judge Rose Guerra Reyna of the 206th District Court of Hidalgo County as the pretrial judge for the consolidated cases.

Bus FireHurricane RitaMass TortPretrial ProceedingsMultidistrict LitigationEvacuation BusTexas LitigationCivil ProcedureConsolidation of CasesJudicial Administration
References
1
Case No. 05-1073
Regular Panel Decision
Mar 06, 2006

in Re Hurricane Rita Evacuation Bus Fire

This case concerns a motion to appoint a pretrial judge for six lawsuits arising from a tragic bus fire during Hurricane Rita's evacuation in September 2005. The incident, near Dallas, led to 23 deaths and several injuries among residents evacuated by Brighton Gardens via a bus chartered by Global Charter Services. Defendants sought consolidation of these state court cases across Hidalgo and Harris counties before the Multidistrict Litigation Panel. Despite objections from some plaintiffs, the panel granted the motion, citing the cases' common questions of fact and the goals of promoting convenience and efficient litigation under Rule 13. The decision emphasizes that a rule 13 transfer does not require congruent cases, only that they are related and serve the stated goals.

Hurricane RitaBus FireMass CasualtyMultidistrict Litigation PanelPretrial ConsolidationTexas LawCommon Questions of FactEfficiencyConveniencePersonal Injury
References
1
Case No. MISSING
Regular Panel Decision

Sandy R. Duncan v. Woodlawn Manufacturing, LTD

Sandy Duncan, former President and CEO of Woodlawn Manufacturing, Ltd., appealed a "take nothing judgment" in his breach of employment contract lawsuit. Duncan was terminated for cause due to multiple sexual relationships with subordinate employees, a public intoxication arrest, and attempts to conceal his misconduct. The jury found Duncan materially breached the contract first, excusing Woodlawn's performance. The appellate court affirmed, ruling that evidence supported Duncan's material breach and that notice and cure provisions were futile given the nature of the misconduct, which also violated company policies incorporated into his contract.

Employment ContractBreach of ContractTermination for CauseSexual HarassmentEmployee MisconductFiduciary DutyMaterial BreachNotice and Cure ClauseFutility DoctrineEmployee Handbook
References
45
Case No. MISSING
Regular Panel Decision
Jul 20, 2015

Matter of Beatty v. City of New York

This case concerns a special education home instruction teacher (petitioner) whose employment was terminated due to submitting false time sheets following Hurricane Sandy. The initial Supreme Court decision granted the respondents' motion to deny the petitioner's request to vacate this penalty. However, the appellate court reversed this judgment, granting the petition and remanding the matter to the New York City Department of Education for the imposition of a lesser penalty. The court determined that the termination penalty was disproportionate, especially considering the extraordinary mitigating circumstances of Hurricane Sandy, which severely impacted both the teacher and the student. Additionally, the teacher had an unblemished 17-year record, and her misconduct was viewed more as lax bookkeeping than a venal scheme, with no direct financial benefit derived.

Employment TerminationTeacher MisconductDisproportionate PenaltyJudicial ReviewArbitration AwardCPLR Article 75Mitigating CircumstancesHurricane Sandy ImpactSpecial Education TeacherFalse Time Sheets
References
6
Case No. ADJ7469704
Regular
Feb 21, 2012

SANDIE TAYLOR vs. COUNTY OF RIVERSIDE

Here's a summary of the case for a lawyer in a maximum of four sentences: The applicant, Sandie Taylor, injured herself while participating in mandatory training for the County of Riverside's Mounted Posse. The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's finding that she was not an employee. The Board determined that Taylor was performing services for the County, subject to their control and benefiting them, and thus considered her an employee under Labor Code section 3366 at the time of her injury. The case is returned for further proceedings on other issues.

WORKERS' COMPENSATION APPEALS BOARDSANDIE TAYLORCOUNTY OF RIVERSIDEADJ7469704OPINION AND ORDER GRANTING RECONSIDERATIONFINDINGS OF FACTADMINISTRATIVE LAW JUDGELABOR CODE SECTION 3366SHERIFF VOLUNTEERMOUNTED POSSE
References
0
Case No. 09-01-507 CV
Regular Panel Decision
Sep 25, 2003

Crown Derrick Erectors, Inc. v. Sandy Dew

Paul Dew died after falling through a floor opening on an offshore drilling rig under construction. His family sued the rig owner, designer, and derrick erector, Crown Derrick Erectors, Inc. A jury found all parties, including Paul Dew, negligent. Crown Derrick appealed, arguing no legal duty was owed, no breach occurred, proximate cause was not proven, and the trial court erred in refusing a "new and independent cause" jury instruction. The Court of Appeals, Ninth District of Texas at Beaumont, determined that Crown Derrick did owe a duty and there was sufficient evidence for a jury to find a breach and proximate cause. However, the court found the trial court committed reversible error by not submitting the requested instruction on new and independent cause. Therefore, the judgment was reversed, and the case was remanded for a new trial.

NegligencePremises LiabilityOffshore Drilling RigConstruction AccidentWrongful DeathCausationProximate CauseNew and Independent CauseJury InstructionsAppellate Review
References
0
Case No. ADJ8620182
Regular
Jul 28, 2016

ANSON CARTER vs. CAROLINA HURRICANES, LOS ANGELES KINGS, CHUBB INSURANCE

The Appeals Board denied Chubb Insurance's Petition for Removal on behalf of the Carolina Hurricanes and Los Angeles Kings. The Board found that the Kings failed to demonstrate substantial prejudice or irreparable harm despite concerns about discovery and the completeness of the medical record. Because the teams had a shared defense agreement, the Kings had access to the master claims file. Any remaining arguments regarding the medical record can be addressed at trial.

Petition for RemovalDue ProcessDiscoveryQualified Medical Evaluator (QME)Medical-Legal EvaluatorPrimary Treating PhysicianShared Defense Consent AgreementCumulative TraumaMaster FileClaims Information
References
0
Case No. ADJ218867
Regular
Apr 13, 2011

SANDY FRIZZELL vs. DEPARTMENT OF PARKS AND RECREATION, CHARTIS COSTA MESA, SCIF STATE EMPLOYEES SACRAMENTO

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding Sandy Frizzell's claim against the Department of Parks and Recreation. The petitioner, State Compensation Insurance Fund, contested the 17% disability rating assigned for Ms. Frizzell's headaches, arguing it was improperly calculated. The Board adopted the administrative law judge's report, which found the rating expert's testimony credible and unimpeached. The judge's report explained that the rating appropriately reflected the intermittent nature of the headaches, as testified by the expert.

Workers' Compensation Appeals BoardReconsideration DeniedRating Expert TestimonyUnimpeached TestimonyCredible TestimonyLyme DiseaseContinuing TraumaState Compensation Insurance FundResource EcologistDisability Evaluation Specialist
References
4
Case No. ADJ9219504
Regular
Dec 22, 2016

SANDY CASAS vs. NESTLE HOLDINGS, INC., ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board affirmed the Administrative Judge's finding that applicant Sandy Casas sustained a left shoulder injury arising out of and in the course of employment. The Board found that Nestle Holdings, Inc. had notice of the injury prior to applicant's termination on October 14, 2013, based on applicant's report to HR on October 9, 2013, and the subsequent HR investigation. Therefore, the post-termination defense under Labor Code section 3600(a)(10) was not applicable. The Board also affirmed the WCJ's finding that the Agreed Medical Evaluator's report was based on substantial evidence.

Workers' Compensation Appeals BoardPost-termination defenseLabor Code section 3600(a)(10)Notice of injuryPre-terminationAgreed Medical EvaluatorSubstantial evidenceHuman ResourcesGrievanceSupervisor misconduct
References
2
Case No. 2022 NY Slip Op 06114
Regular Panel Decision
Nov 02, 2022

Fernandez v. Taping Expert, Inc.

The plaintiff, Sandy Joel Fana Fernandez, appealed a judgment from the Supreme Court, Rockland County, which denied his motion to set aside a jury verdict. Fernandez was allegedly injured after falling from a scaffold while painting, claiming a Labor Law § 240 (1) violation against defendants Blima Ruchel Girls School and Keren Yad Veizer, Inc. The jury found the fall did not substantially cause his injuries, a finding supported by defense experts attributing injuries to degenerative causes. The Appellate Division, Second Department, affirmed the judgment, concluding that the verdict was a fair interpretation of the evidence.

Personal InjuryScaffold AccidentLabor LawJury VerdictAppellate ReviewCausationDegenerative InjuriesEvidence WeightMotion DenialProximate Cause
References
16
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