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Case Law Database

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

Case No. NO. 12-09-00283-CV
Regular Panel Decision
Feb 28, 2011

the Glidden Company D/B/A ICI Paints, Appellant/Cross-Appellee v. CDNE, Inc. D/B/A All Pro Services, Appellee/Cross-Appellant

The Glidden Company appealed a trial court judgment awarding CDNE, Inc. damages for defective paint and attorney's fees, while All Pro Services cross-appealed regarding Glidden's award. The primary dispute centered on interpreting the 1582 Agreement concerning reimbursement for remediation costs incurred due to failed paint. The appellate court found the term 'costs' ambiguous and upheld the trial court's decision that All Pro Services was entitled to reimbursement at a rate of $32.50 per hour, including overtime. The court also affirmed that Glidden had effectively disclaimed consequential damages and that the replacement paint was not provided free of charge. However, the court reversed and remanded the case for reconsideration of Glidden's attorney's fees.

Contract InterpretationBreach of ContractConsequential DamagesAttorney's FeesContract AmbiguityReimbursementOvertime WagesDisclaimer ClauseSales AgreementPainting Contract
References
59
Case No. 2022-01-0054
Regular Panel Decision
Feb 13, 2023

Espinosa, Rodolfo v. Maestro’s Pro Services, LLC

Laura Estrella de Espinosa sought death benefits following the passing of her husband, Rodolfo Espinosa, who died from heatstroke while employed by Maestro’s Pro Services, LLC. The employer, being uninsured for workers’ compensation, did not appear at the hearing. Mrs. Espinosa testified regarding her husband’s work and the circumstances leading to his death. However, the Court concluded that she failed to meet her burden of proof by not providing expert medical testimony establishing that her husband's death arose primarily out of and in the course and scope of employment, specifically that the work-related cause contributed more than fifty percent. Consequently, the Court denied the requested benefits, though it did tax the filing fee against Maestro’s Pro Services.

Workers' CompensationDeath BenefitsHeatstrokeCardiac ArrestMedical CausationBurden of ProofUninsured EmployerEmployee DeathTennessee LawFactual Insufficiency
References
0
Case No. 02-23-00271-CV
Regular Panel Decision
May 02, 2024

Russell Scott Donaldson, as Next Friend of His Grandchildren: L.A., R.A., A.A. and R.S.A., the Heirs of Robert John Aquino, III v. Pro-Craft General Contractors, Inc.

Robert John Aquino, III, sued his employer, Pro-Craft General Contractors, Inc., for premises liability and employment-related negligence after sustaining an injury from a nail at a worksite. The trial court granted a no-evidence summary judgment on the premises liability claim and a take-nothing judgment on all claims, despite the motion only addressing premises liability. Aquino's heirs, through their next friend, appealed, contending that evidence existed to create a fact issue on the premises liability claim and that the judgment on the negligence claim exceeded the scope of the motion. The appellate court found that Aquino's deposition testimony provided more than a scintilla of evidence that Pro-Craft's crew created the dangerous condition, thus supporting an inference of knowledge. Additionally, the court ruled that the summary judgment on the negligence claim was erroneous as it was not addressed in the underlying motion. The trial court's summary judgment was therefore reversed, and the case was remanded for further proceedings.

Premises LiabilityEmployment NegligenceSummary JudgmentNo-Evidence MotionDangerous ConditionEmployer LiabilityTexas Appellate LawAppellate ReviewCase ReversalCase Remand
References
20
Case No. E2000-01750-COA-R3-CV
Regular Panel Decision
Jan 05, 2001

Melissa Suzanne Dew v. ProTemp

This case concerns Melissa Suzanne Dew's appeal against Pro-Temp, a temporary employment agency, following a grant of summary judgment in a retaliatory discharge claim. Dew alleged that Pro-Temp terminated her employment in retaliation for asserting worker's compensation rights after a work-related finger injury. The Trial Court ruled that Dew failed to establish that Pro-Temp terminated her employment or that there was a causal connection between her worker's compensation claim and her removal from an assignment at Eagle Bend Manufacturing, Inc. The Court of Appeals affirmed the summary judgment, finding that Pro-Temp successfully negated the essential elements of Dew's claim, including the termination of employment and the causal link, as Dew was offered other assignments and later placed in a permanent position with another company with Pro-Temp's assistance, and Pro-Temp was unaware of her pending surgery at the time of her removal from Eagle Bend.

Retaliatory dischargeWorkers' compensation claimSummary judgmentEmployment terminationCausal connectionWork performanceTemporary employmentEmployer liabilityCourt of AppealsAffirmed judgment
References
14
Case No. 09-21-00178-CV
Regular Panel Decision
Jun 28, 2024

L&S Pro-Line, LLC and Lee Burkett v. Garrett Gagliano, Snook Holdings, LLC, and Tactical Automation, Inc.

This case involves a business dispute of a two-member Texas limited liability company, L&S Pro-Line (L&S). Appellants, L&S and Lee Burkett, appealed the trial court’s judgments for Appellees Garrett Gagliano, Snook Holdings, LLC, and Tactical Automation, Inc. The core issues included Burkett's attempt to purchase Gagliano's membership interest under the Company Agreement and Tactical Automation's standing as a third-party beneficiary. The Court of Appeals concluded that Burkett effectively exercised his option to buy Gagliano's interest and that Tactical Automation was not an intended third-party beneficiary. The court affirmed certain portions, reversed and rendered others (particularly concerning breach of contract and Tactical's damages), and reversed and remanded for further proceedings on issues like breach of fiduciary duty prior to the effective buyout.

Business DisputeLimited Liability CompanyMembership Interest BuyoutBreach of ContractBreach of Fiduciary DutyThird-Party BeneficiaryAppellate LawSummary JudgmentCorporate GovernancePartnership Dispute
References
59
Case No. 2022 NY Slip Op 07367 [211 AD3d 1582]
Regular Panel Decision
Dec 23, 2022

Bregaudit v. Loretto Health & Rehabilitation Ctr.

Plaintiff Edison Bregaudit sought damages after slipping on ice at a facility owned by Loretto Health and Rehabilitation Center, which contracted Pro Scapes, Inc. for snow removal. Pro Scapes initially moved for summary judgment, arguing it owed no duty of care to the plaintiff, a motion initially granted by the Supreme Court. On appeal, the Appellate Division, Fourth Department, reversed parts of the lower court's decision. The Appellate Division found a question of fact existed regarding whether Pro Scapes negligently created or exacerbated the dangerous icy condition by using inadequate deicer, which could lead to refreezing. Consequently, the court denied parts of Pro Scapes' motion for summary judgment and reinstated the amended complaint and cross-claim for common-law indemnification against Pro Scapes.

Snow and IceSlip and FallPremises LiabilitySnow Removal ContractSummary JudgmentDuty of CareTort LiabilityExacerbated ConditionNegligenceRefreezing
References
16
Case No. MISSING
Regular Panel Decision

Claim of Salvet v. Union Carbide Linde Division

Claimant sustained two compensable injuries, leading to a permanent partial disability classification in 1983 with a nonschedule award of $95 per week. Subsequently, in 1984, the claimant was diagnosed with a 24.2% occupational binaural hearing loss, resulting in a schedule award of $105 per week for 36.3 weeks. The Workers' Compensation Board, following an application by the carrier, reduced this schedule award to $10 per week. This reduction was based on Workers' Compensation Law § 15 (6) (a), which sets a maximum of $105 per week for compensation for permanent or temporary partial disability, indicating that the aggregate of both awards should not exceed this statutory limit. The appellate court affirmed the Board's decision, ruling that the statutory maximum applies to the total of all permanent partial disability awards, irrespective of whether they are schedule or nonschedule awards.

Workers' Compensation LawPermanent Partial DisabilityOccupational Hearing LossSchedule AwardNonschedule AwardStatutory MaximumAggregate AwardsWorkers' Compensation Board AppealStatutory InterpretationConcurrent Awards
References
6
Case No. MISSING
Regular Panel Decision
Jun 14, 2012

Williams v. Orange & Sullivan Excavating Corp.

This case concerns an appeal challenging the approval of a personal injury settlement nunc pro tunc under Workers' Compensation Law § 29 (5). The Supreme Court, Orange County, initially granted the petition for approval, and the appellate court affirmed this decision. The ruling reiterates that employees must obtain either carrier consent or judicial approval within three months of settlement to maintain workers' compensation benefits. However, a nunc pro tunc order can still be granted after three months if the settlement is reasonable, the delay is not due to the employee's fault, and the carrier is not prejudiced. The appellate court concluded that the Supreme Court appropriately exercised its discretion in granting the nunc pro tunc approval, aligning with established legal precedent regarding such petitions.

Workers' Compensation Law § 29 (5)Personal Injury SettlementNunc Pro TuncJudicial ApprovalWorkers' Compensation BenefitsAppellate AffirmationDelay ExcuseReasonable SettlementCarrier PrejudiceJudicial Discretion
References
9
Case No. 2016-08-1288
Regular Panel Decision
Jun 05, 2017

Limberakis, George v. Pro-Tech Security, Inc.

George Limberakis, an employee of Pro-Tech Security, Inc., filed a Request for Expedited Hearing seeking a new authorized treating physician (ATP) for his work-related back injury. His initial ATP, Dr. Ashley Park, placed him at maximum medical improvement (MMI) and discharged him from care, despite Limberakis experiencing ongoing symptoms. Pro-Tech argued it had complied with statutory requirements and provided necessary treatment. The Court found sufficient evidence that Mr. Limberakis would likely prevail on the merits and ordered Pro-Tech to provide a substitute physician for Dr. Park on the panel from which Limberakis could select a new ATP for additional medical benefits related to his July 23, 2014 injury.

Workers' CompensationMedical BenefitsAuthorized Treating PhysicianExpedited HearingMMIPermanent ImpairmentWork InjuryBack InjuryTreatment RefusalStatutory Compliance
References
2
Case No. MISSING
Regular Panel Decision

Taylor v. Lehr Construction Corp.

Plaintiff was injured at a construction site when, while working, he was struck in the back by an uninstalled door frame. He commenced an action against Wood-Pro, the company hired to install the door frames, and Summerville, the manufacturer of the door frame. The jury found no negligence on the part of Wood-Pro. The court also properly granted Summerville’s motion to dismiss the action as against it, as there was no evidence of negligence or violation of duty. Plaintiff’s claims under Labor Law § 241 (6) against both defendants were also found unavailing, as neither had authority to supervise or control the plaintiff’s work, and they were not owners or general contractors.

Construction InjuryNegligencePremises LiabilityLabor LawAppellate ReviewJury VerdictComparative FaultMotion to DismissStatutory DutyContractual Duty
References
5
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