Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Sep 01, 2005

Claim of Gutierrez v. Courtyard by Marriott

The claimant's daughter, a guest services agent at the Courtyard by Marriott hotel, was found murdered in an employee restroom while on duty. The Workers’ Compensation Law Judge granted the claimant's application for death benefits, a decision subsequently affirmed by the Workers’ Compensation Board. The employer and its workers’ compensation carrier appealed this decision. The court affirmed, holding that the death occurred during the course of employment and arose out of employment, citing the boyfriend's jealousy over the decedent's interactions with hotel customers as the necessary nexus. The court also found no abuse of discretion in denying an adjournment pending a criminal trial or in excluding unreliable hearsay evidence.

Workers' CompensationDeath BenefitsArising out of EmploymentCourse of EmploymentWorkplace MurderPersonal AnimosityStatutory PresumptionHearsay Evidence AdmissibilityAdjournment DiscretionWorkers’ Compensation Board Appeal

References

Case No. MISSING

Regular Panel Decision

Baxter v. State

GALBREATH, Judge, dissents from the majority's decision affirming a first-degree murder conviction in the Madison County Criminal Court. The case involved a defendant accused of the shotgun slaying of Norris Attaway, driven by jealousy over his estranged wife's alleged affair with the victim. Judge Galbreath argues that the facts do not support a finding of willful, deliberate, malicious, and premeditated murder, contending that the killing occurred in the 'hot blood of passion' due to the defendant's conviction of his wife's infidelity. Citing numerous precedents, the dissent asserts that such strong provocation should mitigate the offense to voluntary manslaughter or at least second-degree murder. The judge concludes that the degree of the offense and the punishment should be reduced from first-degree murder.

JealousyMarital InfidelityProvocationVoluntary ManslaughterSecond-Degree MurderFirst-Degree MurderCriminal LawTennessee LawDissentAppeal

References

Case No. MISSING

Regular Panel Decision

Nasser v. Security Insurance Co.

This workers' compensation case involves plaintiff Izzat Nasser, an assistant manager, who was stabbed by a customer's ex-boyfriend, Victor Daryoush, apparently due to jealousy after Nasser conversed with the customer as part of his job duties. A jury initially awarded Nasser benefits for total and permanent incapacity, but the court of appeals reversed, citing the 'personal animosity' exception to workers' compensation coverage. The Supreme Court of Texas disagreed, finding sufficient evidence that the injury occurred in the course of employment, as Nasser's interaction with the customer was part of his job. The Court emphasized that the 'personal animosity' exception does not apply when the assailant is incapable of rational intent, a factor relevant given Daryoush's history. Consequently, the Supreme Court reversed the court of appeals' judgment and remanded the case for further proceedings.

Workers' CompensationCourse of EmploymentPersonal Animosity ExceptionWorkplace AssaultEmployee DutiesCustomer ServiceRational IntentMental HealthTexas Supreme CourtReversal and Remand

References

Case No. 13-21-00365-CV

Regular Panel Decision

Aug 11, 2022

Edcouch-Elsa Independent School District v. Lisa Cabrera

This is an employment discrimination case brought by appellee Lisa Cabrera against her former employer, Edcouch-Elsa Independent School District (EEISD), alleging sex and age discrimination under the Texas Commission on Human Rights Act (TCHRA). EEISD appealed the denial of its plea to the jurisdiction, arguing the trial court lacked jurisdiction as Cabrera failed to provide evidence of a statutorily protected violation. Cabrera's employment was terminated due to excessive absences. She claimed discrimination based on her sex and age, augmented by "attractiveness," stemming from her supervisor's jealousy. The court found Cabrera failed to present sufficient direct or circumstantial evidence for her age and/or sex discrimination claims, noting she was replaced by a woman one year older and of the same sex, and did not show disparate treatment. Consequently, the appellate court reversed the trial court's order, rendering judgment dismissing Cabrera's claims for lack of jurisdiction.

Employment DiscriminationTexas Commission on Human Rights ActPlea to JurisdictionGovernmental ImmunityAge DiscriminationSex DiscriminationCircumstantial EvidenceDirect EvidenceMcDonnell Douglas FrameworkAppellate Review

References

Case No. MISSING

Regular Panel Decision

Muhammad v. New York City Transit Authority

Plaintiff, an African-American Muslim bus driver, brought an employment discrimination lawsuit against the New York City Transit Authority (NYCTA), alleging gender, religious, and racial discrimination due to her employer's policies regarding religious headwear. NYCTA moved to dismiss four of her eleven causes of action. The court granted dismissal of the Title VII hostile work environment claim, finding co-worker hostility stemmed from jealousy over work assignments, not protected characteristics. The Title VII race discrimination claim was also dismissed as it was not reasonably related to the plaintiff's initial EEOC charge. However, the court denied dismissal of the claim under New York City Administrative Law § 8-107(1), rejecting NYCTA's argument of statutory exemption. Lastly, the religious discrimination claim under the New York State Constitution Article I, § 3 was dismissed because other statutory remedies, like the New York Human Rights Law, were available to the plaintiff.

Employment DiscriminationReligious DiscriminationGender DiscriminationRace DiscriminationHostile Work EnvironmentEEOC ExhaustionMotion to DismissFed.R.Civ.P. 12(b)(6)New York Public Authorities LawNew York City Administrative Code

References

Showing 1-5 of 5 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Claim of Gutierrez v. Courtyard by Marriott

Baxter v. State

JealousyMarital InfidelityProvocationVoluntary ManslaughterSecond-Degree MurderFirst-Degree MurderCriminal LawTennessee LawDissentAppeal

Nasser v. Security Insurance Co.

Workers' CompensationCourse of EmploymentPersonal Animosity ExceptionWorkplace AssaultEmployee DutiesCustomer ServiceRational IntentMental HealthTexas Supreme CourtReversal and Remand

Edcouch-Elsa Independent School District v. Lisa Cabrera

Muhammad v. New York City Transit Authority