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

Case No. ADJ6871855
Regular
May 17, 2010

ANAMARIA VITAL (Deceased) JAVIER VITAL, SR. vs. GOLDEN STATE FOODS, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns the calculation of the average weekly wage for death benefits following the industrial death of Anamaria Vital. The applicant, Javier Vital Sr., contended the WCJ erred by calculating the wage based on a 52-week period instead of the decedent's earnings at the time of death, which included recent pay increases. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found the decedent's average weekly wage to be $1,912.04. This revised calculation entitles the applicant to the maximum rate for death benefits.

Anamaria VitalJavier Vital Sr.Golden State FoodsLiberty Mutual Insurance CompanyADJ6871855Petition for ReconsiderationInterim Findings and Awardmachine operatorindustrial injurydeath benefit
References
0
Case No. 21-0614
Regular Panel Decision
Dec 30, 2022

Cameron International Corporation A/K/A Cameron Systems Corporation v. Hugo A. Martinez and Dolores Ramirez, Individually and on Behalf of the Estate of Javier Garcia, Jr., Javier Mayagoitia, Sr., Individually and as Independent Administrator of the Estate of Javier Mayagoitia, Jr., Julieta Taylor Osman Martinez And Jeanne Chavez, Individually and as Next Friend and Guardian of M. C., a Minor Child

This case addresses the vicarious liability of an employer for an oilfield worker's negligence during a car accident. The Supreme Court of Texas examined whether the "special mission" exception applied to the "coming-and-going" rule when the worker was driving to an oilfield site after completing personal errands like buying groceries and fuel. The Court held that a personal trip for necessities, not directed by the employer, does not constitute a special mission, thus reversing the appellate court's decision and reinstating the trial court's summary judgment in favor of the employer, Cameron International Corporation. The decision clarifies the distinction between common law vicarious liability and workers' compensation claims regarding the scope of employment.

Vicarious LiabilitySpecial Mission ExceptionComing and Going RuleEmployer NegligenceCourse and Scope of EmploymentOilfield AccidentPersonal ErrandsSummary JudgmentTexas LawRespondeat Superior
References
16
Case No. MISSING
Regular Panel Decision

Forrest v. Vital Earth Resources

Rodney Forrest, an employee of Vital Earth Resources, was injured in 1997 after falling from a ladder. Vital Earth, a workers' compensation nonsubscriber, had an ERISA Occupational Injury Benefit Program. Following the termination of benefits in 2000, Forrest sued Vital Earth for negligence, arguing the company was estopped from asserting a two-year statute of limitations due to its benefit plan summary suggesting a three-year period for legal action. The trial court initially granted summary judgment for Vital Earth based on the statute of limitations. The appellate court reversed this decision, finding Forrest successfully raised a fact issue on equitable estoppel and also addressed Vital Earth's cross-appeal regarding proximate cause, concluding sufficient evidence existed to create a fact issue on the employer's negligence in providing an unsafe ladder. Consequently, the case was remanded to the trial court for further proceedings.

Workers' Compensation NonsubscriberStatute of Limitations DefenseEquitable EstoppelEmployer NegligenceSafe Workplace DutyProximate Cause AnalysisSummary Judgment ReversalAppellate Court DecisionERISA Benefit PlanPersonal Injury Claim
References
54
Case No. 2016 NY Slip Op 02986 [138 AD3d 981]
Regular Panel Decision
Apr 20, 2016

Vitale v. Astoria Energy II, LLC

Daniel Vitale, a surveyor, was injured when his leg fell through an opening in a rebar grid at a construction site owned by Astoria Energy II, LLC, and managed by SNC-Lavalin Constructors, Inc. Vitale and his wife sued, alleging violations of Labor Law §§ 240(1), 241(6) (predicated on 12 NYCRR 23-1.7[b]), and 200. The Supreme Court, Queens County, denied the plaintiffs' motion for summary judgment and granted the defendants' cross-motion regarding Labor Law §§ 240(1) and 241(6), while denying the remainder of the cross-motion as untimely. The Appellate Division, Second Department, affirmed the Supreme Court's order. The court found that the rebar grid openings did not constitute an elevation-related hazard under Labor Law § 240(1) or hazardous openings under 12 NYCRR 23-1.7(b) because they were too small to permit a complete fall through. The denial of the remaining part of the defendants' cross-motion due to untimeliness was also upheld.

Personal InjuryConstruction AccidentLabor Law § 240(1)Labor Law § 241(6)12 NYCRR 23-1.7(b)Summary JudgmentAppellate ReviewHazardous OpeningsElevation-Related HazardTimeliness
References
10
Case No. Misc. No. 257
En Banc
Dec 16, 2015

vs. Javier Jimenez

The Workers' Compensation Appeals Board issued a notice of its intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days due to a pattern of misconduct, frivolous tactics, and failure to comply with sanction orders.

Labor Code section 4907Representative privilege suspensionAppeals Board en bancSanctionsBad-faith actionsFrivolous tacticsLien claimantsLabor Code section 5700 agentWCJDiscovery abuse
References
18
Case No. Misc. No. 257
Significant

vs. Javier Jimenez

The Workers' Compensation Appeals Board issued a notice of intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days, citing a pattern of bad-faith tactics, frivolous actions, and repeated failure to comply with sanction orders.

Labor Code section 4907Representative privilege suspensionWCAB en bancSanctionsBad-faith actionsFrivolous tacticsUnnecessary delayLien claimantsLabor Code section 5700 agentRepeated misconduct
References
18
Case No. Misc. No. 257
En Banc
Feb 18, 2016

vs. JAVIER JIMENEZ

The Appeals Board suspended the privilege of Javier Jimenez to appear as a representative for 180 days due to his failure to respond to a Notice of Intention to Suspend, which was based on non-compliance with prior sanction orders.

WCABLabor Code section 4907Representative privilege suspensionNotice of IntentionSanction ordersEn banc decisionAdministrative law judgeCompliance180-day suspensionFurther hearing
References
0
Case No. 04-23-00130-CV
Regular Panel Decision
Mar 06, 2024

Estate of Guadalupe Lopez, Sr. v. .

Guadalupe Lopez, Jr. appealed a trial court's judgment affirming Elvira Gonzalez as the surviving spouse of Guadalupe Lopez, Sr., who died intestate. Lopez Junior challenged the jury charge, admission of expert testimony from a retired family-law judge, and the trial court's failure to send admitted exhibits to the jury room during deliberation. Gonzalez presented evidence of an informal marriage, including shared property and invitations. The appellate court affirmed the trial court's decision, finding no reversible error in the proceedings, upholding the jury's determination of an informal marriage.

Informal MarriageCommon Law MarriageHeirship DisputeIntestate SuccessionJury Charge ErrorExpert Witness AdmissibilityProcedural ErrorSufficiency of EvidenceAppellate AffirmationTexas Family Law
References
23
Case No. 02-21-00224-CV
Regular Panel Decision
Mar 10, 2022

in Re Luke Adam Stanton, Sr.

Appellant Luke Adam Stanton Sr. appealed the dismissal of his petition seeking depositions of an assistant district attorney and his trial attorney under Texas Rule of Civil Procedure 202. The petition was dismissed by the trial court for want of prosecution after Stanton failed to comply with a dismissal-setting notice. Stanton raised four issues on appeal, arguing the trial court erred in dismissing his suit, failing to consider his discovery requests, not ruling on his bench warrant request or alternative appearance, and placing an arbitrary burden on his access to the courts. The appellate court affirmed the trial court's judgment, holding that Stanton failed to meet the requirements for maintaining his case on the docket or for securing his appearance, and did not establish a constitutional violation regarding access to courts under Rule 165a.

Dismissal for Want of ProsecutionRule 202 PetitionBench WarrantAccess to CourtsDue DiligenceAppellate ReviewPro Se LitigantCivil ProcedureConstitutional LawAbuse of Discretion
References
29
Case No. Misc. No. 257
Significant

vs. Javier Jimenez, Respondent

The Workers' Compensation Appeals Board suspends the privilege of Javier Jimenez to appear as a party representative for 180 days, with the suspension continuing until he complies with prior sanction orders, following his failure to respond to a Notice of Intention.

WCABJavier JimenezRepresentative PrivilegeSuspensionLabor Code Section 4907En BancNotice Of IntentionSanction OrdersComplianceAdministrative Law Judges
References
1
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