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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

Risk Management Strategies, Inc. v. Texas Workforce Commission

Risk Management Strategies, Inc. (RMS) challenged the Texas Workforce Commission's (TWC) determination that caregivers for special needs trusts were employees of bank trusts, not RMS, for unemployment tax purposes. RMS pursued judicial review of this decision and filed ultra vires claims against the TWC Commissioners for alleged Texas Labor Code violations. The trial court dismissed the entire case based on sovereign immunity. On appeal, the court affirmed the dismissal of the judicial review claim, ruling that the statutory waiver of immunity applied only to unemployment benefits, not tax disputes. However, it reversed and remanded the dismissal of the ultra vires claims, allowing RMS to amend its petition to properly allege that the Commissioners acted without legal authority.

Unemployment TaxSovereign ImmunityJudicial ReviewUltra Vires ClaimTexas Labor CodeEmployer DefinitionIndependent ContractorCaregiversSpecial Needs TrustsTax Liability
References
19
Case No. 03-13-00560-CV
Regular Panel Decision
May 22, 2015

Risk Management Strategies, Inc. v. Texas Workforce Commission Commissioner Andres Alcantar Commissioner Ronald G. Congleton And Commissioner Hope Andrade

Risk Management Strategies, Inc. (RMS) appealed a trial court's dismissal of its suit against the Texas Workforce Commission (TWC) and its commissioners regarding a determination that caregivers were employees of bank trusts, not RMS, for unemployment tax purposes. RMS sought judicial review of the TWC's decision and alleged ultra vires acts by the commissioners for misinterpreting the Texas Labor Code. The appellate court affirmed the dismissal of the judicial review claim, ruling that the statutory waiver of immunity applied only to unemployment benefits disputes, not tax liability. However, the court reversed and remanded the ultra vires claims, finding that while the commissioners were not solely bound by a 'control test,' RMS should have an opportunity to amend pleadings to demonstrate a specific statutory violation or lack of legal authority. The case was affirmed in part and reversed and remanded in part, allowing RMS to re-plead the ultra vires claims.

Unemployment Tax LiabilitySovereign ImmunityJudicial ReviewUltra Vires ClaimTexas Labor CodeEmployer-Employee RelationshipCaregiversBank TrustsStatutory ConstructionAppellate Procedure
References
19
Case No. MISSING
Regular Panel Decision
Mar 20, 2001

Claim of Derr v. VIP Structures

The claimant, who had a work-related permanent total disability, was convicted of assault in March 1999 and subsequently incarcerated. The Workers’ Compensation Board ruled that the claimant was not entitled to benefits during his incarceration after the conviction of a crime. The claimant appealed this decision, arguing for continued benefits due to his total disability and resulting lack of earning capacity, regardless of his incarceration status. The court affirmed the Board's decision, stating that the suspension of workers’ compensation benefits during incarceration after a criminal conviction is based on public policy, and this principle applies to both partial and total disabilities. The court concluded that suspending benefits in such circumstances does not conflict with the Workers’ Compensation Law's goals.

IncarcerationWorkers' Compensation BenefitsTotal DisabilityPublic PolicyAssault ConvictionBenefit SuspensionCriminal ConductAppellate ReviewDisability Benefits
References
5
Case No. 2018 NY Slip Op 08599
Regular Panel Decision
Dec 13, 2018

Matter of Kearns v. Decisions Strategies Envt.

Peter Kearns, an ironworker, sought workers' compensation benefits for illnesses allegedly caused by toxic exposure while monitoring trucks at the World Trade Center site post-9/11. He filed a claim and registered his participation under Workers' Compensation Law § 162. While a Workers' Compensation Law Judge initially established his claim, the Workers' Compensation Board reversed, deeming the claim untimely and his truck-monitoring activities not qualifying as "rescue, recovery, or cleanup operations" under WCL § 161(1). The Appellate Division affirmed the Board's decision, finding substantial evidence supported the conclusion that Kearns' duties were akin to routine security work and lacked a direct or tangible connection to the specified operations, thus denying coverage under WCL article 8-A.

Workers' Compensation LawWorld Trade Center Operations9/11 Related IllnessScope of EmploymentStatutory InterpretationAppellate ReviewSubstantial EvidenceOccupational DiseaseTimeliness of ClaimRescue, Recovery, Cleanup Operations
References
4
Case No. ADJ2714448, ADJ778707
Regular
Apr 09, 2013

ZELIE MEDINA vs. ADVANCED RECEIVABLE STRATEGY, ST. PAUL TRAVELERS

This is an order granting reconsideration for both the applicant and defendant in the case of Zelie Medina vs. Advanced Receivable Strategy and St. Paul Travelers. The Workers' Compensation Appeals Board granted reconsideration to allow further study of the factual and legal issues. This action is deemed necessary for a complete understanding of the record and to issue a just decision. All future correspondence must now be filed in writing with the WCAB Commissioners' office in San Francisco, not district offices or e-filed.

Workers' Compensation Appeals BoardReconsideration GrantedPetitions for ReconsiderationFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersSan FranciscoElectronic Adjudication Management SystemFresno District Office
References
0
Case No. 2015-1244 N CR NO.
Regular Panel Decision
Sep 14, 2017

People v. Lawrence (Derek)

Derek Lawrence appealed his conviction for sexual abuse in the third degree, stemming from two incidents involving a co-worker. He argued ineffective assistance of counsel, claiming his lawyer failed to present evidence of office dysfunction and an EEOC complaint against the victim. The Appellate Term, Second Department, affirmed the conviction, finding that counsel provided meaningful representation by employing a strategy to impeach the victim's credibility and securing acquittals on three of the four initial charges. The court also deemed the sentence of 90 days incarceration and a $500 fine appropriate, citing Lawrence's prior assault conviction.

Sexual AbuseIneffective Assistance of CounselAppellate ReviewCredibilityTrial StrategySentencingAssaultNonjury TrialProsecutor's InformationSandoval Hearing
References
12
Case No. WCB #G093 3039
Regular Panel Decision
Feb 07, 2023

Matter of Pickering v. Car Win Construction, Inc.

The claimant, a bus operator, sustained a compensable right knee injury. The Workers' Compensation Law Judge (WCLJ) initially found that the claimant's incarceration did not preclude causally related medical treatment. The employer/carrier sought reconsideration, arguing that the claimant lacked attachment to the labor market and that incarceration should not be considered a disability. The Board Panel granted reconsideration and modified the WCLJ's decision. They determined that indemnity payments should be suspended during the period of incarceration because the disability was due to incarceration rather than the work injury, but affirmed that causally related medical treatment remains compensable.

Workers' CompensationRight Knee InjuryIncarcerationIndemnity PaymentsMedical TreatmentCausally Related DisabilityLabor Market AttachmentReconsiderationBoard Panel DecisionSuspension of Benefits
References
0
Case No. MISSING
Regular Panel Decision

Gregory B. v. Gregory F.

This consolidated appeal addresses whether incarcerated parents "permanently neglected" their children under Social Services Law § 384-b (7) (a), thus justifying the termination of parental rights. In Matter of Gregory B., the father, incarcerated since 1980, proposed long-term foster care for his children until his release, which was rejected. Similarly, in Matter of Willie John B. and Matter of Delores B., the father, incarcerated since 1979, also offered indefinite foster care after relatives were found unwilling or unable to provide care. The Court of Appeals affirmed the termination of parental rights in all cases, holding that while 1983 statutory reforms acknowledged special circumstances for incarcerated parents, they did not excuse them from planning for their child's future. The Court concluded that indefinite foster care is not a "viable plan" as it is inconsistent with the purpose of foster care and deprives children of the essential permanency required for proper growth and development.

Permanent NeglectParental Rights TerminationIncarcerated ParentSocial Services LawFoster CareAdoptionChild WelfareFamily LawCourt of AppealsJudicial Review
References
14
Case No. MISSING
Regular Panel Decision

McMahan Securities Co. v. Aviator Master Fund, Ltd.

Petitioner McMahan Securities Co., L.R., a securities broker-dealer, sought to stay an arbitration claim initiated by various hedge funds and institutional investors (respondents) before the National Association of Securities Dealers (NASD), now FINRA. The arbitration claim arose from respondents' purchase of $50 million worth of preferred stock units from nonparties Strategy Real Estate Investments, Ltd. (SREI) and Strategy International Insurance Group, Inc. (SIIG), where McMahan acted as a placement agent. Respondents alleged fraud, negligent misrepresentation, and violation of Blue Sky laws, claiming McMahan failed to disclose criminal convictions and legal problems of Strategy's management team and misrepresented Strategy's financial status. McMahan argued that respondents were not its 'customers' under NASD rule 12200 and that a forum selection clause in the subscription agreement precluded arbitration. The court denied McMahan's petition, finding that respondents qualified as McMahan's customers under a broad interpretation of NASD rules and that the dispute arose from McMahan's business activities, thus compelling arbitration. The court also rejected McMahan's attempt to invoke the subscription agreement's forum selection clause, as McMahan was not a signatory to that agreement.

ArbitrationSecurities LawNASD Code of Arbitration ProcedureFINRAPlacement AgentFraud AllegationsNegligent MisrepresentationBlue Sky LawsContract InterpretationForum Selection Clause
References
27
Case No. MISSING
Regular Panel Decision
Aug 25, 2010

In re Alicia G.

The case concerns a petition for permanent neglect filed by Heartshare Human Services against Hanna Muhammad and Al G., the incarcerated parents of Alicia. The court examined whether the agency made diligent efforts to strengthen the parental relationship and if the parents adequately planned for Alicia's future, considering their incarceration. The petition against the mother, Hanna Muhammad, was dismissed as the agency failed to convincingly prove a lack of planning or cooperation. However, the petition against the father, Al G., was granted due to his failure to plan, with his disposition adjourned to a later date. The decision highlights the nuanced application of Social Services Law § 384-b for incarcerated parents.

Permanent NeglectIncarcerated ParentsSocial Services LawParental Rights TerminationDiligent EffortsParental PlanningFoster CareChild WelfareNew York Family LawChild Best Interests
References
10
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