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

Case No. MISSING
Regular Panel Decision

Rudd v. Gulf Cas. Co.

The claimant, Rudd, appealed a "take nothing" judgment in a workmen's compensation case, where he sought disability benefits for an occupational disease caused by inhaling hydrogen sulphide gas while working for Gulf Oil Corporation. The appellate court considered seven points of error, primarily concerning the admissibility of evidence. The court found that testimony from a defense witness about his lack of ill effects from gas exposure and the claimant's termination for payroll fraud was admissible to rebut the claimant's testimony and assess his credibility. Additionally, counsel's statements regarding the claimant's good faith were deemed permissible expressions of opinion within argument. Ultimately, all points of error were overruled, and the trial court's judgment was affirmed.

Workmen's CompensationOccupational DiseaseHydrogen SulphideGas InhalationEvidence AdmissibilityWitness CredibilityEmployer LiabilityInsurerTrial Court JudgmentAppellate Review
References
12
Case No. MISSING
Regular Panel Decision

Cuevas v. Reading & Bates Corp.

Philippine workers and representatives of deceased workers sued U.S. corporations and the drilling rig Ron Tappmeyer for damages from hydrogen sulfide gas exposure and unpaid wages. The incident occurred in 1980 off the coast of Saudi Arabia. The plaintiffs' motion to transfer the case was denied. The court dismissed the case based on the doctrine of forum non conveniens, determining that Philippine law, not American law, was applicable due to the strong contacts with the Philippines. The dismissal was conditional on the defendants submitting to jurisdiction in the Philippines or Saudi Arabia and waiving statute of limitations defenses.

International Maritime LawChoice of LawForum Non ConveniensPhilippine LawAmerican LawDrilling Rig AccidentHydrogen Sulfide ExposurePersonal InjuryWrongful DeathWage Claims
References
37
Case No. MISSING
Regular Panel Decision

Stephens v. Delhi Gas Pipeline Corp.

Larry Stephens sued Delhi Gas Pipeline Corporation for retaliatory discharge and defamation after being terminated from his nineteen-year employment. Delhi claimed Stephens was fired for violating a conflict of interest policy, while Stephens contended it was due to his health problems related to hydrogen sulfide exposure and his contemplation of a workers’ compensation claim. The trial court granted a take-nothing summary judgment for Delhi. On appeal, the court affirmed the summary judgment on the defamation claim but reversed and remanded the retaliatory discharge claim, finding sufficient evidence to raise a fact issue on a causal link between his potential workers' compensation claim and his termination.

Retaliatory DischargeDefamationSummary JudgmentWorkers' Compensation ClaimConflict of Interest PolicyHydrogen Sulfide ExposureTexas LawEmployment LawQualified PrivilegeActual Malice
References
32
Case No. H-95-4114
Regular Panel Decision

In Re the Arbitration Between Trans Chemical Ltd. & China National MacHiney Import & Export Corp.

This consolidated action involves efforts by Trans Chemical Limited (TCL) to enforce an arbitration award against China National Machinery Import and Export Corporation (CNMC). The dispute originated from a contract for a hydrogen peroxide plant in Pakistan, with an arbitration clause designating Houston, Texas. After an arbitration panel awarded TCL over $9.4 million, TCL sought confirmation in federal court under the Foreign Sovereign Immunities Act (FSIA), Federal Arbitration Act (FAA), and New York Convention. CNMC challenged jurisdiction, service, and moved to vacate the award citing fraud and arbitrator misconduct. The court affirmed jurisdiction and proper service, ultimately denying CNMC's vacatur motions and granting TCL's request to confirm the arbitration award, including prejudgment and postjudgment interest.

International ArbitrationForeign Sovereign Immunities ActFederal Arbitration ActNew York ConventionContract EnforcementState-Owned EnterprisesSubject Matter JurisdictionService of ProcessArbitration Award ConfirmationArbitration Award Vacatur
References
129
Case No. 13-08-00306-CV
Regular Panel Decision
Nov 19, 2009

the Wcm Group, Inc. v. Neil Camponovo, Individually and as Representative of the Estate Joel Allen Camponovo, And Margaret Camponovo, Individually

The WCM Group, Inc. appealed the denial of its motion to dismiss claims brought by Neil and Margaret Camponovo, individually and as representatives of the Estate of Joel Allen Camponovo, deceased. The Camponovos sued WCM for negligence and gross negligence after Joel Camponovo's death from hydrogen sulfide exposure. WCM, an engineering firm, argued the Camponovos failed to file a certificate of merit as required by law. The trial court granted the Camponovos an extension to file the certificate, citing good cause due to an expert's family emergency, and denied WCM's motion to dismiss. The appellate court affirmed the trial court's decision, finding no abuse of discretion in granting the extension and determining that good cause was adequately shown, particularly given the minimal delay and lack of prejudice to WCM. The court lifted the stay on proceedings below.

Certificate of Merit ExtensionProfessional Services LitigationEngineering MalpracticeStatute of Limitations ExceptionGood Cause DeterminationAppellate Discretion ReviewMotion to Dismiss DenialInterlocutory Appeal ProcedureDiscovery Disclosure IssuesExpert Affidavit Requirement
References
9
Case No. 2017-02-0604
Regular Panel Decision
Jul 10, 2018

Hughes, James v. Kennametal, Inc.

James Hughes sustained a work-related lung injury on June 13, 2016, while employed by Kennametal, Inc., after inhaling hydrogen chloride. The authorized physician, Dr. Jeff Farrow, assigned a 20% permanent impairment rating and extensive permanent restrictions, including environmental limitations. Hughes sought permanent total disability benefits, arguing his condition rendered him unable to maintain employment due to unreliable attendance. Vocational experts provided differing assessments of his vocational disability, ranging from 50% to 63%. However, the Court found Hughes failed to establish total incapacitation from working at any income-generating job, partly due to his lack of effort in seeking alternative employment within his restrictions. Consequently, the Court denied his claim for permanent total disability benefits but awarded permanent partial disability benefits of $51,066.93, after accounting for a temporary total disability overpayment.

Lung injuryPermanent partial disabilityVocational assessmentMedical restrictionsHydrogen chloride exposureWorkers' compensation claimsDisability benefitsEmployment limitationsMMI determinationTennessee law
References
4
Case No. M2009-00813-COA-R3-CV
Regular Panel Decision
Sep 14, 2010

Joseph Edward Rich, M.D. v. Tennessee Board of Medical Examiners

This is an administrative appeal concerning the suspension of Dr. Joseph Edward Rich's medical license by the Tennessee Board of Medical Examiners. The Board found Dr. Rich in violation of several provisions related to his use of chelation therapy, intravenous hydrogen peroxide therapy, and methadone. The chancery court affirmed the Board's decision. On appeal, the Court of Appeals reversed the findings for Tenn. Code Ann. § 63-6-214(b)(1), (4), and (12) due to the Board's failure to articulate the standard of care. However, the court affirmed violations of Tenn. Code Ann. § 63-6-214(b)(14), Tenn. Comp. R. & Regs. 0880-2-.14(6)(c), Tenn. Comp. R. & Regs. 0880-2-.14(6)(e)(3)(ii), and 21 U.S.C.A § 823(g)(1). The case was remanded for the Board to reconsider the sanctions.

Medical License SuspensionChelation TherapyMethadone TreatmentAdministrative LawStandard of CareDue ProcessEvidence ExclusionPhysician MisconductControlled SubstancesBoard of Medical Examiners
References
18
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