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

Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

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
Case No. MISSING
Regular Panel Decision

Standard Fire Insurance Co. v. Stigger

This worker's compensation case concerns an appeal by Standard Fire, the carrier, against a judgment rendered in favor of Stigger, the claimant, by a county court at law of Dallas County. The Industrial Accident Board initially awarded Stigger $2,377.62, but after a jury trial initiated by Standard Fire to set aside the award, the court rendered a judgment for Stigger in the amount of $34,692.21. Standard Fire appealed, arguing that the trial court exceeded its jurisdictional limits and erred in not reducing the judgment to conform to Stigger's pleadings. The appellate court affirmed the trial court's decision, holding that once jurisdiction is lawfully acquired, subsequent events do not defeat it, and a court can grant complete relief even if the judgment exceeds the initial jurisdictional limits, especially in worker's compensation cases.

Worker's CompensationJurisdiction LimitsCounty Court at LawAmount in ControversyAppellate ReviewTexas Civil StatutesJudicial EconomyPleading ConformityDisability BenefitsIndustrial Accident Board
References
10
Case No. 03-94-00339-CV
Regular Panel Decision
Aug 16, 1995

Charlie Franks and Industrial Indemnity Insurance Company v. Sematech, Inc., F/D/B/A Semi Conductor Manufacturing Technology Initiative And Burle Industries, Inc.

This case from the Texas Court of Appeals addresses an injured employee's third-party liability claim and an insurance carrier's derivative subrogation rights under the Texas Workers' Compensation Act. Charlie Franks was injured, and the workers' compensation carrier, Industrial Indemnity Insurance Company, paid benefits and subsequently filed a subrogation lawsuit. Franks intervened with his own negligence claim, but his intervention was dismissed due to the two-year statute of limitations. Consequently, the trial court granted summary judgment against Industrial Indemnity, ruling its derivative subrogation claim moot as Franks's underlying rights could not be established. The appellate court affirmed both decisions, emphasizing that Industrial Indemnity's initial suit did not assert Franks's full third-party liability cause of action for his joint benefit.

Workers' CompensationSubrogationStatute of LimitationsThird-Party LiabilitySummary JudgmentPlea in InterventionAppellate ReviewTexas LawInsurance Carrier RightsDerivative Claim
References
17
Case No. MISSING
Regular Panel Decision

Rudolph v. Joint Industry Board of the Electrical Industry

Plaintiff Paul Rudolph sought relief against the Joint Industry Board of the Electrical Industry (JIB) and the Pension Fund under ERISA for the denial of his disability pension. Rudolph, who suffered from coronary artery disease, diabetes, and hypertension, was terminated from JIB in 1998 due to his inability to perform work functions. The Pension Committee denied his application and subsequent appeal for disability benefits, concluding that he was not permanently incapacitated to the extent he could no longer secure gainful employment in the Electrical Industry or any other line of business. The court reviewed the Pension Committee's decision under the arbitrary and capricious standard, finding it was reasonable and supported by medical evidence. Ultimately, the defendant's motion for summary judgment was granted, affirming the denial of benefits.

ERISADisability PensionSummary JudgmentArbitrary and Capricious StandardDe Novo ReviewFiduciary DutyEmployee BenefitsPlan AdministrationMedical EvidencePension Committee
References
34
Case No. 14-08-00795-CV
Regular Panel Decision
Aug 03, 2010

Transcontinental Insurance Company, as Subrogee of the Estate of Reabon Jackson, Jr., Reabon Drusila Jackson (A Minor), Nettie Adams and Donald Robinson v. Briggs Equipment Trust and Genie Industries, Inc.

The Fourteenth Court of Appeals reviewed three summary judgments in a case involving wrongful-death and subrogation claims. Appellants Transcontinental Insurance Company and SelenEr Love sued Briggs Equipment Trust and Genie Industries, Inc. after a fatal industrial accident. The court affirmed the summary judgment against Love's claims due to procedural default. However, it reversed and remanded Transcontinental's claims, finding genuine issues of material fact regarding negligence, product defect, and causation by the defendants, as well as Briggs's liability as a nonmanufacturing seller. The court also clarified that the Texas Family Code's Uniform Parentage Act does not strictly govern paternity determinations in wrongful-death actions, relying on a 'clear and convincing evidence' standard for filial relationships. An unopposed motion to unseal paternity test results was granted.

Product LiabilityWrongful DeathWorkers' CompensationSubrogationSummary JudgmentNegligenceDesign DefectCausationPaternityGenetic Testing
References
24
Case No. W2014-00032-COA-R3-CV
Regular Panel Decision
Aug 05, 2014

Ricardo Torres v. Precision Industries, P.I., d/b/a Precision Industries, Terry Hedrick and Vicki Hedrick

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. MISSING
Regular Panel Decision

Standard Acc. Ins. v. Stanaland

Raymond Stanaland, an employee of Hubbard-Miller Construction Company, sustained total blindness after being shot by his foreman, S. P. Johnson, at the company's office tent where employees collected wages. Stanaland had gone to the tent to receive an advance on his pay. The Standard Accident Insurance Company, the employer's insurer, sought to overturn an award made by the State Industrial Accident Board, leading to a district court judgment in Stanaland's favor. On appeal, the Insurance Company contended the injury did not arise out of or in the course of employment. The appellate court affirmed the finding that the injury was compensable, emphasizing that it resulted from hazardous conditions allowed by the employer at a required work-related location. However, the court reformed the judgment to exclude an unauthorized award of interest.

Workers' CompensationWorkplace InjuryAccidental ShootingEmployer NegligenceCourse of EmploymentArising Out of EmploymentHazardous ConditionsHorseplayStatutory InterpretationLiberal Construction
References
20
Case No. MISSING
Regular Panel Decision

Masuccio v. Standard Fire Insurance Co.

Fred and Louise Masuccio, beneficiaries of their deceased daughter Laura Annette Masuccio, sued The Standard Fire Insurance Company after the Texas Industrial Accident Board denied their worker's compensation claim. The Masuccios sought to overturn the Board's finding that Laura was not in the course and scope of her employment at the time of her fatal automobile accident. The trial court granted summary judgment for the insurance company, citing the Masuccios' failure to file their claim within the statutory one-year period. However, the appellate court determined that the employer had a duty to file an injury report since Laura's death resulted in absence from work for more than one day, thereby tolling the limitations period for filing a claim. Furthermore, the court found a genuine issue of material fact regarding whether Laura was in the course and scope of her employment, concluding that this question should be decided by a jury. Consequently, the appellate court reversed the summary judgment and remanded the case for a trial on the merits.

Worker's CompensationSummary JudgmentStatute of LimitationsTolling ProvisionEmployer Duty to ReportCourse and Scope of EmploymentFatal InjuryIndustrial Accident BoardBeneficiary ClaimAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Croswell v. Commercial Standard Ins. Co.

W. J. Croswell appealed a decision denying him workers' compensation for an injury sustained while performing carpentry work for Pig Stands Company, Inc. The Industrial Accident Board initially refused his claim. The central legal question was whether Croswell's carpentry work was within the "usual course of trade, business, profession or occupation" of his employer, Pig Stands, which was primarily chartered for manufacturing and selling food products. The court concluded that building structures was incidental, not central, to Pig Stands' usual business. Consequently, Croswell was not deemed an "employee" under the Workmen’s Compensation Act, and the employer did not have insurance covering such specific work at the time of his injury. The trial court's directed verdict in favor of Commercial Standard Insurance Company was affirmed on appeal.

Workers' CompensationScope of EmploymentIndustrial Accident BoardInsurance CoverageCarpenterManufacturing BusinessStatutory InterpretationUsual Course of BusinessDirected VerdictAppeal
References
7
Case No. 2021-06-1620
Regular Panel Decision
Jan 19, 2023

Lindsay, Tre'Bion v. State Industries, LLC

Tre’Bion Lindsay appealed the trial court's grant of summary judgment to employer State Industries, LLC. The employer provided two expert medical opinions, from Dr. Ryan Snowden and Dr. Scott Standard, indicating the employee’s alleged back injury was not primarily related to his employment. The employee filed a late response without counter medical evidence. The trial court concluded that the employer negated an essential element of the claim, and the employee failed to show a genuine issue of material fact. The Appeals Board affirmed the decision, finding the employee did not properly respond or present evidence to dispute the employer's medical proof.

Summary JudgmentMedical CausationExpert Medical OpinionArising Out of EmploymentCourse and Scope of EmploymentPro Se LitigantBurden of ProofTimeliness of ResponseDegenerative Disc DiseaseMaximum Medical Improvement (MMI)
References
6
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