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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Scarbrough v. Murrow Transfer Co.

This case consolidates two wrongful death lawsuits filed by Mrs. Alberta Scarbrough and Claud Nolan against Murrow Transfer Company and Billy Ray Burge, stemming from a fatal motor vehicle accident on September 17, 1966. The accident, which resulted in the deaths of Randolph Scarbrough and Jimmy Ray Nolan, occurred when Burge, driving a tractor-trailer for Murrow Transfer, negligently crossed into the opposing lane, causing a collision with a United States Job Corps bus. The court found Burge and Murrow Transfer liable for negligence. Additionally, a third-party action for indemnity or contribution by the defendants against the United States of America was dismissed, with the court ruling that the Federal Employees Compensation Act provided the exclusive remedy for claims against the U.S. related to the Job Corps members' deaths. The plaintiffs were each awarded $28,000 in damages.

Motor Vehicle AccidentWrongful DeathNegligenceRespondeat SuperiorThird-Party ActionIndemnityContributionFederal Employees Compensation ActJob CorpsDamages
References
3
Case No. MISSING
Regular Panel Decision

Bollella v. Schweiker

This case is an action to review a final determination by the Secretary of Health and Human Services, which denied the plaintiff's application for Social Security disability insurance benefits. The plaintiff, a 52-year-old skilled sheet metal mechanic, suffered a lumbosacral injury and a psychiatric disorder. While an administrative law judge (ALJ) found severe impairment, it was concluded the plaintiff could perform semi-skilled sedentary jobs, thus not qualifying for disability benefits. The court, however, reversed the adverse determination, finding insufficient evidence regarding the transferability of the plaintiff's skills to other occupations, especially considering his age. The case was remanded for a rehearing to specifically address the transferability of the plaintiff's skills.

Disability benefitsSocial SecuritySkill transferabilityVocational expertAdministrative law judgeLumbosacral injuryPsychiatric disorderRemandSedentary workSemi-skilled occupations
References
3
Case No. MISSING
Regular Panel Decision

Bradford v. Travelers Indemnity Co.

The plaintiff, Herman Bradford, appealed the chancellor's award of 35% permanent partial disability following a back injury sustained on the job. Bradford, a 55-year-old illiterate ink mixer, underwent spinal fusion surgery. Medical and vocational experts assessed his impairment between 19% anatomically and 100% vocationally. The Supreme Court found the trial court erred by giving undue weight to Bradford's post-injury return to work in its disability assessment. Considering his age, limited education, medical restrictions, and non-transferable job skills, the Court increased his permanent partial disability award to 50% to the body as a whole.

Permanent Partial DisabilityVocational DisabilityMedical Expert TestimonyVocational Expert TestimonyImpairment RatingSpinal FusionLifting InjuryReturn to WorkEarning CapacityAge Factor
References
4
Case No. 2014 NY Slip Op 06183 [120 AD3d 1315]
Regular Panel Decision
Sep 17, 2014

McDonald v. Winter Bros. Transfer Station Corp.

The plaintiff, Andrew McDonald, appealed from an order of the Supreme Court, Suffolk County, which granted the defendant Winter Bros. Transfer Station Corp.'s motion for summary judgment dismissing the complaint in an action to recover damages for personal injuries. The Appellate Division, Second Department, affirmed the order, holding that the defendant established a prima facie defense under the Workers' Compensation Law. The court found that the defendant and the plaintiff's employer, Winter Bros. Waste Systems, Inc., operate as a single integrated entity, thereby extending workers' compensation protection to the defendant as an alter ego of the employer. The plaintiff failed to raise a triable issue of fact in opposition to this defense, leading to the proper dismissal of the complaint.

Alter Ego DoctrineWorkers' Compensation DefenseSummary JudgmentPersonal InjuryEmployer LiabilityIntegrated EntityAppellate DivisionSuffolk CountyTriable Issue of FactRespondent
References
8
Case No. MISSING
Regular Panel Decision

New York Typographical Union No. 6 v. AA Job Printing

The case concerns a petition by New York Typographical Union No. 6 to confirm arbitration awards against employers AA Job Printing Corp. and The Jewish Press, Inc., for violations of a collective bargaining agreement. The employers cross-moved for summary judgment to dismiss the petition, arguing the awards were not final and that a pending National Labor Relations Board (NLRB) matter preempted the action. The court noted the employers' procedural defaults but favored a decision on the merits. District Judge ROBERT L. CARTER ruled that the arbitration awards were final and definite, and the federal court's jurisdiction under Section 301 of the Labor Management Relations Act was independent of the NLRB's jurisdiction. The court also dismissed the employers' unsupported claim of sexual discrimination. Consequently, the court granted summary judgment in favor of the Union, confirming the arbitration awards, and denied the employers' cross-motion.

Arbitration Award ConfirmationCollective Bargaining AgreementLabor Management Relations ActSection 301 LMRASummary JudgmentFederal Court JurisdictionNLRB PreemptionDefault JudgmentProcedural RulesEmployer-Union Dispute
References
7
Case No. 03-04-00073-CV
Regular Panel Decision
Feb 03, 2005

Skilled Craftsman of Texas, Inc. v. Texas Workers' Compensation Commission and Richard F. Reynolds, Executive Director

The case addresses whether the Texas Hazardous Employer Program, which identifies private employers with high injury rates, is preempted by the federal Occupational Safety and Health Act (OSH Act). Skilled Craftsmen of Texas, Inc., designated as hazardous, argued that the program implicitly regulates occupational health and safety standards already covered by federal law, leading to duplicative regulation. The district court initially upheld the state program, but the Court of Appeals reversed this decision. The appellate court found that the Texas program's practical effect is to coerce employers into changing behavior, thus conflicting with Congress's intent to avoid subjecting workers and employers to duplicative regulation. Consequently, the court held that the Hazardous Employer Program, as it applies to private employers, is preempted by the OSH Act.

PreemptionOSH ActHazardous Employer ProgramWorkers' CompensationState LawFederal LawOccupational SafetyHealth StandardsDuplicative RegulationTexas Court of Appeals
References
7
Case No. 05-23-01126-CV
Regular Panel Decision
Jun 26, 2024

Culberson Midstream Equity, LLC, Moontower Resources Gathering, LLC and Culberson Midstream LLC v. Energy Transfer LP

Culberson Midstream Equity, LLC, Moontower Resources Gathering, LLC, and Culberson Midstream LLC (collectively Culberson) sought permission to appeal an interlocutory order denying their motion for summary judgment on Energy Transfer LP's fraud claims, which stemmed from a dispute over a gas gathering contract. The Fifth District Court of Appeals at Dallas denied the petition. The court found that Culberson failed to establish that the interlocutory order involved a controlling question of law with a substantial ground for difference of opinion, a requirement for permissive appeals. The court concluded that existing case law adequately addresses issues like disclaimers of reliance, justifiable reliance, and red flags in fraud claims, thus providing sufficient guidance without requiring a permissive appeal.

Permissive AppealInterlocutory OrderSummary JudgmentFraud ClaimsGas Gathering ContractJustifiable RelianceDisclaimer of RelianceControlling Question of LawSubstantial Ground for Difference of OpinionTexas Court of Appeals
References
10
Case No. MISSING
Regular Panel Decision

Hollis v. Bo-Mac Contractors, Inc.

The case involves Kirk Hollis's personal injury claim against Bo-Mac Contractors, Inc. The defendant filed a Motion to Transfer Venue from the Galveston Division of the Southern District of Texas to the Beaumont Division of the Eastern District of Texas. District Judge Kent denied the motion, highlighting the plaintiff's choice of forum and the greater convenience of the Galveston venue for several key witnesses, including medical professionals located in Houston. The court also considered the location of counsel and relevant records, as well as the potential for delay if the case were transferred. The decision reaffirmed that the party seeking transfer bears the burden of proof, which the defendant failed to satisfy.

Venue TransferPersonal InjurySouthern District of TexasGalveston DivisionWitness ConvenienceForum Non ConveniensJudicial DiscretionMotion PracticeDistrict Court OrderCivil Procedure
References
6
Case No. MISSING
Regular Panel Decision

De La Cruz v. New York City Human Resources Administration Department of Social Services

Plaintiff, Sergio de la Cruz, a Hispanic caseworker for the Human Resources Administration of the City of New York (HRA), initiated a Title VII and Section 1983 lawsuit, alleging anti-Hispanic discrimination. He claimed that criticism of his communication skills, a marginal performance rating, and a transfer to another unit without a loss of pay or benefits were discriminatory actions by his supervisor and the HRA. The defendants moved for summary judgment, arguing no discrimination occurred. The court found that the plaintiff failed to establish a prima facie case of discrimination, citing his inadequate writing skills for the position and the absence of an adverse employment action, as his salary and benefits remained unchanged. The transfer was also partly attributed to an agency-wide policy change. Consequently, the court granted the defendants' motion for summary judgment.

DiscriminationEmployment LawSummary JudgmentNational Origin DiscriminationTitle VIISection 1983Prima Facie CaseAdverse Employment ActionPretextPerformance Evaluation
References
11
Case No. MISSING
Regular Panel Decision

Donegan v. Nadell

Petitioner Donegan, employed in Nassau courts since 1967, was promoted to Court Assistant II and began performing data entry duties following the installation of a computer system in 1973. However, the job specifications for her title did not include computer skills. When a new statewide classification plan was implemented, her position was converted to Principal Office Assistant, a title also lacking data entry duties. Donegan challenged this classification, arguing her actual duties warranted a classification as Data Entry Supervisor. Despite her grievance being partially granted and a provisional appointment to the data entry supervisor role, she was ineligible for permanent appointment due to not taking the required competitive examination. The court affirmed the administrative decision, emphasizing that civil service classifications must be based on "in-title" duties defined by job specifications, not "out-of-title" work performed, and that data entry skills required distinct competitive testing.

Civil Service LawJob ClassificationOut-of-Title WorkData Entry SupervisorPrincipal Office AssistantCourt AssistantPromotional ExaminationAdministrative ReviewJudicial ReviewCPLR Article 78
References
8
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