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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

What Happened in Felix vs. Weber Metals Reconsideration?

Vera Martinez, an injured worker, sought compensation after a workplace injury combined with a pre-existing condition resulted in total permanent incapacity. The Industrial Accident Board initially awarded her limited compensation. Martinez appealed this decision, filing suit against her compensation carrier and, over seven months later, against the Second Injury Fund. The appellate court addressed whether the statutory 20-day period for filing suit after appealing an Industrial Accident Board decision applies to claims against the Second Injury Fund. The court held that this jurisdictional prerequisite applies, and because Martinez failed to timely file suit against the Second Injury Fund, the trial court lacked jurisdiction over the Fund. Consequently, the judgment against the Second Injury Fund was reversed.

Workers' CompensationSecond Injury FundTexas LawJurisdictionTimelinessStatutory InterpretationAppellate ProcedureIndustrial Accident BoardPermanent IncapacityPolio
References
10
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

James Glen Osborne filed a worker's compensation action against Burlington Industries, Inc. for a back injury sustained on July 10, 1980, while working as a "doffer packer." The trial court found the injury to be gradual, with timely notice and the action filed within the statute of limitations, awarding temporary total and permanent partial disability. Burlington Industries appealed, contesting notice, the statute of limitations, and whether the injury arose out of employment. The Supreme Court affirmed the trial court's findings, concluding that Osborne provided sufficient notice on July 10, 1980, and that the statute of limitations began when he was diagnosed with a ruptured disc in January 1983, making his June 1983 filing timely. The Court also found material evidence, including medical testimony, to support the causation.

Worker's CompensationBack InjuryRuptured DiscGradual InjuryNotice RequirementStatute of LimitationsMedical CausationExpert TestimonyDoffer PackerEmployer Liability
References
6
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Walter Johnson, who had previously lost vision in his right eye, suffered an injury at work resulting in the loss of vision in his left eye, leaving him totally and permanently disabled. He received benefits from Texas Employer’s Insurance Association and the Second Injury Fund. Johnson and his wife then sued Texas Industries, Inc. for negligence. Both TEIA and the Second Injury Fund intervened, seeking subrogation rights. The trial court denied the Second Injury Fund's claim to subrogation, but the court of appeals reversed. The Texas Supreme Court reviewed whether the Second Injury Fund is subrogated to Walter Johnson's rights in his personal injury suit. The Court concluded that subrogation is a legislative creation and the statute funding the Second Injury Fund explicitly enumerates funding methods without including subrogation. Therefore, the Supreme Court reversed the court of appeals' judgment and affirmed the trial court's decision, denying subrogation for the Second Injury Fund.

SubrogationSecond Injury FundWorkers' CompensationStatutory InterpretationExpressio Unius Est Exclusio AlteriusTotal DisabilityPersonal InjuryTexas Supreme CourtFunding MechanismsLegislative Intent
References
9
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This Texas Supreme Court opinion addresses a conflict among courts of appeals regarding the admissibility of employer negligence as a sole cause defense in personal injury lawsuits where the employer is immune under workers' compensation. The Court clarifies its prior decision in Varela v. American Petrofina Co., ruling that it does not bar a defendant from introducing evidence that the plaintiff's employer's negligence was the sole cause of injury. The case involves Arthur B. Lee, who sued Dresser Industries, Inc., a silica supplier, after developing silicosis from working at Tyler Pipe Industries, Inc. The trial court had erroneously excluded evidence of Tyler Pipe's negligence as a sole cause. The Supreme Court reversed the lower court's judgment and remanded the case, also providing guidance on jury instructions for sole cause and contributory negligence in future proceedings.

Workers' CompensationSole CauseContributory NegligenceProduct LiabilityFailure to WarnSilicosisEmployer NegligenceComparative ResponsibilityJury InstructionsEvidence Admissibility
References
18
Case No. W2014-00032-COA-R3-CV
Regular Panel Decision
Aug 05, 2014

Can a WCJ Be Disqualified for Appearance of Bias?

Ricardo Torres, an undocumented worker, appealed the Hardeman County Circuit Court's grant of summary judgment in his retaliatory discharge claim against Precision Industries, Terry Hedrick, and Vicki Hedrick. Torres alleged he was terminated after filing a workers' compensation claim for a back injury sustained on the job. The trial court had ruled that an unauthorized alien lacked standing to bring such a claim as they were incapable of legal employment. The Court of Appeals reversed the trial court's decision, holding that undocumented employees do have standing to pursue retaliatory discharge claims in Tennessee, as the Workers' Compensation Act broadly defines 'employee' to include those lawfully or unlawfully employed. The court reasoned that retaliatory discharge actions protect employees' rights to file workers' compensation claims and preventing such claims by unauthorized aliens would create an incentive for employers to hire illegal workers and deny them benefits without consequence. The case was remanded for further proceedings.

Workers' CompensationRetaliatory DischargeUndocumented WorkerImmigration StatusSummary Judgment ReversalEmployee StandingEmployment LawTennessee Appellate CourtPublic Policy ExceptionEmployer Retaliation
References
52
Case No. H-6356
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

The case involves F. M. Miears, an employee who, having previously lost sight in one eye, lost sight in his other eye due to a compensable injury in 1947. He received 100 weeks compensation from his carrier. The Industrial Accident Board awarded him an additional 201 weeks from the Second Injury Fund. Miears appealed, seeking 301 weeks, arguing for a different interpretation of the Second Injury Fund's calculation method. The trial court initially sided with Miears, awarding 301 weeks and considering a lump sum payment. On appeal, the court modified the judgment, ruling that Miears was entitled to 201 weeks, not 301, as per the statute's requirement to combine compensation for both prior and subsequent injuries when calculating benefits from the Second Injury Fund. However, the court also affirmed that Miears was entitled to a lump sum payment, overturning the trial court's conclusion that the Second Injury Fund did not authorize such awards. The judgment was ultimately modified to 201 weeks and affirmed with a lump sum payment.

Workers' CompensationSecond Injury FundTotal Permanent DisabilityLoss of SightLump Sum PaymentStatutory InterpretationJurisdictional DisputeIndustrial Accident BoardTexas LawAppeal
References
5
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

This case involves an appeal by Betty Jo Tatum, Bobbie Jo Hill, and JoAnne Brown, who sought worker's compensation benefits as dependent sisters of a deceased worker. They challenged the trial court's dismissal of their appeal from an adverse Industrial Accident Board ruling, arguing the court lacked jurisdiction because their initial lawsuit, filed as 'Estate of James Hill,' was not timely amended to name them as proper plaintiffs within the statutory twenty-day period. The appeals court affirmed the dismissal, holding that the initial filing was a mistake of law, not a misnomer, and did not toll the statute of limitations. It concluded that naming the 'Estate of James Hill' constituted a mistake of law, as an estate is not an 'interested party' under the worker's compensation statute. Consequently, the plaintiffs failed to meet the mandatory jurisdictional requirement for timely filing, thereby depriving the trial court of jurisdiction.

Worker's CompensationStatute of LimitationsJurisdictionDependent SistersEstate as Legal EntityMistake of LawMisnomerTimely FilingAppellate ReviewTexas Worker's Compensation Act
References
8
Case No. 2019-08-0544
Regular Panel Decision
Mar 01, 2022

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

The Appeals Board affirmed the trial court's order in favor of employee Tawan Braden, who suffered a right ankle injury while working for Mohawk Industries, Inc. The trial court determined a subsequent incident, which caused a 'pop' and increased ankle symptoms, was a direct and natural consequence of the initial compensable work injury. Consequently, the employee was found to be permanently and totally disabled, and the employer's claims for alleged overpayment of temporary disability benefits were denied. The Appeals Board concluded that the employee's actions leading to the subsequent injury were not negligent, thus upholding the causal link between the original work injury and the resulting peroneal tendon tear and permanent disability.

Workers' CompensationAnkle InjuryPermanent Total DisabilityDirect and Natural Consequence RuleVocational Expert TestimonyTemporary Disability BenefitsCausal RelationAppellate ReviewMedical EvidenceEmployment Law
References
17
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Tammy Delyn Long, an employee of Tri-Con Industries, Ltd., suffered a back injury that she attributed to her work. The trial court found the injury compensable, awarding her 55 percent permanent partial disability. However, the Workers’ Compensation Special Appeals Panel reversed this decision, concluding that the evidence preponderated against the trial court's judgment regarding the injury's work-related causation. The Supreme Court granted Long's motion for review, reversing the Panel's judgment and reinstating the trial court's findings. The Court emphasized the deference owed to the trial court's credibility assessments and found that the medical evidence, corroborated by Long's testimony, established a work-related injury. Additionally, the Supreme Court affirmed the trial court's discretion regarding the choice of physician for additional medical examinations.

Workers' CompensationBack InjuryHerniated DiscMedical CausationPermanent Partial DisabilityVocational DisabilityCredibility AssessmentJudicial ReviewTrial Court DeferencePhysician Examination
References
4
Case No. 03-cv-4134
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
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