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

Case No. 13-14-00030-CV
Regular Panel Decision
Aug 29, 2014

Mary Melinda Barnes v. Navarro Hospital, LP, Navarro Regional, LLC, D/B/A NAVREG, LLC

Mary Melinda Barnes, an employee, sued Navarro Hospital for injuries sustained at work, alleging negligence. Navarro moved to dismiss, arguing the claim constituted a health care liability claim (HCLC) under the Texas Medical Liability Act (TMLA), which required an expert medical report that Barnes failed to provide. Barnes subsequently attempted to amend her petition to remove HCLC-related allegations. The trial court granted Navarro's motion to dismiss, and the Court of Appeals affirmed. The appellate court concluded that the original petition established the claim as an HCLC, and Barnes's amended pleadings were an attempt to bypass TMLA requirements.

Health Care Liability ClaimMedical Expert Report RequirementMotion to DismissAppellate AffirmationTexas Medical Liability ActNon-subscriber EmployerNegligence ClaimPremises LiabilitySuperseded PleadingsStatutory Interpretation
References
10
Case No. ADJ8871378
Regular
May 04, 2015

JAIME NAVARRO vs. EXPRESS TRANSPORTATION SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Jaime Navarro's petition for reconsideration, upholding the finding that he was an independent contractor, not an employee, of Express Transportation Systems when injured. Navarro argued the judge misapplied the multi-factor test for employment status from *Borello*. The Board adopted the judge's report, emphasizing their power to resolve conflicts and make credibility determinations. One commissioner dissented, arguing the employer failed to meet its burden of proof to establish independent contractor status, citing a lack of contractual evidence and significant employer control.

WCABExpress Transportation SystemsState Compensation Insurance FundJaime NavarroIndependent ContractorEmployee StatusBorello factorsRight to ControlAffirmative DefenseLabor Code section 3357
References
7
Case No. ADJ9839444; ADJ8274021; ADJ8272270; ADJ8272417
Regular
Jul 20, 2017

TONY NAVARRO (Deceased), JENNIFER NAVARRO (Widow) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, CALPERS, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES

The Workers' Compensation Appeals Board denied reconsideration of the decision awarding death benefits to the widow of Tony Navarro. The Board gave great weight to the Administrative Law Judge's credibility determination, finding no substantial evidence to overturn it. They also noted that the opinion of one physician can constitute substantial evidence, even if it conflicts with others. The judge's finding that Mr. Navarro's prescribed medications contributed to his death was deemed persuasive and analogous to established case law.

CALPERSSCIFCorrectional SergeantCardiac arrestGastric bleedHemorrhagic gastritisVentricular fibrillationQualified Medical ExaminationCoroner's opinionSubstantial evidence
References
3
Case No. E2005-00907-COA-R3-CV
Regular Panel Decision
Jan 24, 2006

Deborah Jaime v. American Water Heater Company

The plaintiff, Deborah Jaime, brought an action against her former employer, American Water Heater Company, alleging retaliatory discharge after being terminated following her pursuit of workers' compensation benefits for a work-related knee and finger injury. The employer asserted that Jaime was terminated for falsifying a pre-placement medical assessment form by failing to disclose a prior knee injury, a violation of company policy. The trial court granted summary judgment to the defendant, concluding that the plaintiff failed to establish a prima facie case of retaliatory discharge due to a lack of evidence proving a causal link between her workers' compensation claim and her termination, and also failed to rebut the employer's legitimate reason for discharge. The Court of Appeals affirmed the trial court's judgment, agreeing that Jaime did not demonstrate that her claim for benefits was a substantial factor in her termination.

retaliatory dischargesummary judgmentcausal connectionemployment terminationmedical assessment formfalsification of recordsemployer policyprima facie caseappellate reviewTennessee law
References
6
Case No. 05-22-00818-CV
Regular Panel Decision
Mar 27, 2024

City of Dallas, Self Insured v. in the Matter of Charlie Jaimes, Elvia Jaimes, Beneficiary

This case involves an appeal by the City of Dallas against Elvia Jaimes, claimant in a worker's compensation claim for death benefits. Elvia's husband, Charlie, a firefighter, died from glioblastoma. The City denied Elvia's claim, asserting it was untimely filed. The administrative law judge initially found for Elvia on compensability but for the City on death benefits. Both parties sought judicial review, and their lawsuits were consolidated. The City argued Elvia's lawsuit was untimely due to a misidentification of the defendant, while Elvia contended it was a correctable misnomer. The jury found in favor of Elvia, concluding she had good cause for delayed filing. The appellate court affirmed the trial court's judgment, ruling Elvia's mistake was a misnomer, and the evidence supported the jury's finding of good cause for the delayed filing of the death benefits claim.

Worker's Compensation ClaimDeath Benefits ClaimLimitations PeriodMisnomer DoctrineMisidentification vs MisnomerJury InstructionsGood Cause ExceptionTimeliness of ClaimJudicial Review of Agency DecisionAppellate Court Decision
References
28
Case No. MISSING
Regular Panel Decision

Krier v. Navarro

Eduardo Navarro, a former Bexar County elections administrator, sued Bexar County and its Elections Commission after an unsuccessful attempt to remove him from his position. The central legal question was whether an elections administrator is a public officer, subject to constitutionally mandated two-year terms, or a public employee, terminable only for cause under the Texas Election Code. The trial court ruled that an elections administrator is an employee and granted an injunction against Navarro's removal, also awarding attorney's fees. On appeal, the county challenged the trial court's jurisdiction, the characterization of an elections administrator, and the attorney's fees. The appellate court affirmed the trial court's judgment, holding that an elections administrator is an employee, not a public officer, and that the trial court had jurisdiction.

Public Officer vs. Public EmployeeElections AdministratorTexas Election CodeConstitutional LawEmployment LawTerm LimitsDeclaratory JudgmentInjunctive ReliefJurisdictionAttorney's Fees
References
9
Case No. 2024 NY Slip Op 06187 [233 AD3d 761]
Regular Panel Decision
Dec 11, 2024

Jaimes-Gutierrez v. 37 Raywood Dr., LLC

The plaintiff, Manuel Jaimes-Gutierrez, appealed an order from the Supreme Court, Rockland County, which denied his motion for summary judgment on liability for violations of Labor Law §§ 240 (1) and 241 (6), and granted the defendants' cross-motion to dismiss the complaint. Jaimes-Gutierrez sustained injuries after falling from pull-down attic stairs while installing an alarm system at a construction site. The Appellate Division, Second Department, modified the Supreme Court's order, finding that the pull-down attic stairs served as a safety device under Labor Law § 240 (1) and that their failure violated Labor Law § 241 (6) by not meeting safety specifications under 12 NYCRR 23-1.21 (b) (1). Consequently, the Appellate Division granted the plaintiff's motion for summary judgment on these Labor Law violations and denied the defendants' cross-motion to dismiss those specific causes of action, affirming the remainder of the order with costs to the plaintiff.

Labor LawScaffold LawLadder AccidentConstruction Site InjuryPersonal InjurySummary JudgmentAppellate DivisionNondelegable DutyAbsolute LiabilityAttic Stairs
References
16
Case No. MISSING
Regular Panel Decision
Jun 03, 2009

Navarro v. City of New York

The injured plaintiff, Dorian Navarro, fell from a ladder while attempting to retrieve a dropped tool inside a public school's basement, alleging injuries due to violations of Labor Law §§ 200, 240 (1), 241 (6) and common-law negligence. The Supreme Court initially granted summary judgment to the defendants, dismissing most causes of action. However, the appellate court modified this order, reinstating the Labor Law § 200 and common-law negligence claims against the City of New York and the Board of Education, finding triable issues of fact regarding their liability concerning a dangerous ladder and a slippery grease condition. The claims against the New York City School Construction Authority and the Labor Law §§ 240 (1) and 241 (6) claims against all defendants were properly dismissed, as the accident was deemed too far removed from construction-related activity. The case was modified to deny summary judgment on certain claims and affirmed in part.

Personal InjuryLadder AccidentPremises LiabilityCommon-Law NegligenceSummary JudgmentAppellate DivisionDangerous ConditionProximate CauseTriable Issues of FactProperty Owner Liability
References
12
Case No. CV-23-1969
Regular Panel Decision
Mar 27, 2025

In the Matter of the Claim of Jaime Serrano

Claimant, Jaime Serrano, a housekeeper, was injured at work in 2014, leading to established claims for left shoulder and lower back injuries, and later consequential depression. A Workers' Compensation Law Judge (WCLJ) initially found a permanent total disability. However, the Workers' Compensation Board reversed this decision, finding insufficient credible medical evidence to support a permanent total disability and subsequently denied the claimant's application for reconsideration. The Appellate Division affirmed both Board decisions, crediting the medical opinions of the treating physician and an orthopedic surgeon who concluded that the claimant was capable of some work and gainful employment, thus supporting the Board's finding. The court also found no abuse of discretion in the Board's denial of reconsideration, as the arguments presented merely reiterated challenges to the initial Board decision.

Permanent Total DisabilityTemporary Total DisabilityPermanent Partial DisabilityTemporary Partial DisabilityWorkers' Compensation BenefitsRotator Cuff SurgeryConsequential DepressionLabor Market AttachmentMedical EvidenceSchedule Loss of Use
References
8
Case No. 2020 NY Slip Op 02504
Regular Panel Decision
Apr 30, 2020

Matter of Navarro v. General Motors

Claimant Jose A. Navarro sustained work-related injuries in 1996 and was subsequently diagnosed with temporary partial and total disabilities. The Workers' Compensation Board made various decisions regarding his disability awards, particularly from April 1997 to September 2011, and issues related to his attachment to the labor market and alleged fraud under Workers' Compensation Law § 114-a. The Board modified some WCLJ decisions and remitted parts of the case for further consideration. Claimant appealed the Board's decision, but the Appellate Division, Third Department, dismissed the appeal, holding that the Board's decision was nonfinal and did not involve a threshold legal issue, thus precluding piecemeal review. A dissenting opinion argued that certain aspects of the temporary disability awards were final and reviewable.

Disability AwardsTemporary Partial DisabilityVoluntary Withdrawal from Labor MarketNonfinal DecisionAppeal DismissedMedical Evidence PreclusionJudicial RecusalWorkers' Compensation BoardAppellate DivisionClaimant's Testimony
References
13
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