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

Case No. MISSING
Regular Panel Decision

Smith v. American Economy Insurance Co.

The Smiths appealed a summary judgment in a workers' compensation case. Beverly Smith suffered a back injury at work and settled her claim based on medical reports from doctors recommended by the appellees, American Economy Insurance Company and Lindsey & Newsom Insurance Adjusters, Inc. Subsequent diagnoses revealed a herniated disk requiring surgery and leading to permanent disability. The Smiths sued for misrepresentation and bad faith. The trial court granted summary judgment, citing ERISA preemption and judicial estoppel. The appellate court reversed, ruling that workers' compensation claims are exempt from ERISA preemption and judicial estoppel does not bar challenging a compromise settlement agreement based on alleged misrepresentations, remanding the case for trial.

ERISA PreemptionJudicial EstoppelCompromise Settlement AgreementMisrepresentationBad Faith Insurance ClaimSummary Judgment ReversalSpinal InjuryMedical MisdiagnosisAppellate ReviewTexas Law
References
9
Case No. MISSING
Regular Panel Decision

Gadison v. Economy Mud Products Co.

Jimmie L. Gadison and Mary Ann Gadison appealed the dismissal of their lawsuit against Economy Mud Products Co., Inc. for want of jurisdiction. The Gadisons sued for negligence, gross negligence, intentional tort, and constructive fraud, alleging that Economy's failure to timely file a wage statement for Jimmie's work-related injury in 1994 resulted in significantly less workers’ compensation benefits and damages for Mary Ann's loss of consortium. The trial court dismissed the case because the Gadisons allegedly failed to exhaust their administrative remedies under the Texas Workers’ Compensation Act. The appellate court affirmed the dismissal, concluding that the damages sought were related to workers' compensation benefits, which fall under the exclusive jurisdiction of the Texas Workers’ Compensation Commission, and thus, the District Court lacked jurisdiction without a final award from the Commission.

Workers' CompensationJurisdictionAdministrative RemediesExclusive RemedyNegligenceGross NegligenceIntentional TortConstructive FraudWage StatementLoss of Consortium
References
11
Case No. MISSING
Regular Panel Decision

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
Case No. MISSING
Regular Panel Decision
Apr 07, 2000

In re Economy Office Maintenance, Inc.

This is an appeal from a decision by the Unemployment Insurance Appeal Board, which assessed Economy Office Maintenance Inc. (EOM) for additional unemployment insurance contributions. EOM, a cleaning services provider, challenged the Board’s ruling that all its workers are employees. The court's review is limited to whether the Board’s decision is supported by substantial evidence. Despite EOM’s subcontractor agreements labeling workers as independent contractors, the control reserved by EOM was deemed sufficient to establish an employer-employee relationship. The court found no basis to disturb the Board's decision, affirming it.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceCredibility of WitnessesAppellate ReviewAdministrative Law Judge BiasRemittal for New HearingCleaning ServicesNew York
References
11
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. MISSING
Regular Panel Decision

Guzman v. Hazemag U.S.A., Inc.

Plaintiff Guzman filed a diversity action alleging product liability and negligence for a hand injury sustained at work in December 1988, involving a machine manufactured by defendants Grasan and Hazemag U.S.A., Inc. Prior to this federal suit, Guzman pursued relief through the Workers' Compensation Board, which initially denied his claim but later determined an employer-employee relationship with M & C Transfer Station and Recycling Inc., against whom he also had a pending state court action. Guzman sought to dismiss the federal action without prejudice to consolidate it with the state court case, citing judicial economy. The district court denied the Rule 41(a)(2) motion, reasoning that the Workers' Compensation Board's finding eliminated the judicial economy justification, as New York Workers' Compensation Law § 29(6) would likely provide a complete defense in the state civil action.

Voluntary DismissalRule 41(a)(2) F.R.C.P.Judicial EconomyDiversity JurisdictionWorkers' Compensation LawProduct LiabilityNegligence ClaimFederal Court ProcedureState Court ActionEmployer-Employee Relationship
References
8
Case No. MISSING
Regular Panel Decision

Singh v. Ross

The plaintiffs appealed an order from Queens County, dated September 26, 2003, which denied their motion for nunc pro tunc judicial approval of a settlement under Workers’ Compensation Law § 29 (5). This law requires either carrier consent or judicial approval within three months of a settlement to avoid forfeiture of future workers' compensation benefits. While judicial approval can be sought beyond the three-month period if the settlement is reasonable, the delay is not due to the party's fault, and the carrier is not prejudiced, the Supreme Court denied the motion. The court found the over one-year delay in seeking approval was attributable to the plaintiffs' own fault or neglect. The appellate court affirmed this decision.

Workers' CompensationJudicial ApprovalSettlementNunc Pro TuncDelay in ApplicationCourt DiscretionAppellate ReviewPersonal InjuryThird-Party ActionForfeiture of Benefits
References
6
Case No. 2019 NY Slip Op 01077
Regular Panel Decision
Feb 13, 2019

Matter of Simon

This disciplinary proceeding concerns attorney Alan Michael Simon, who was previously removed from his judicial position by the New York Court of Appeals for extensive judicial misconduct. The misconduct included bullying, ethnic smearing, poor temperament, engaging in a physical altercation, repeatedly threatening officials with contempt without cause, and improperly interfering in a political election. The Grievance Committee for the Ninth Judicial District brought three charges of professional misconduct against Simon, alleging conduct prejudicial to the administration of justice, conduct adversely reflecting on his fitness as a lawyer, and conduct involving dishonesty, deceit, fraud, and misrepresentation. The court found the charges sustained under the doctrine of collateral estoppel, given the prior findings by the Court of Appeals. Despite Simon's arguments for mitigation, including his good faith and election as mayor, the court deemed his actions "truly egregious" and noted his continued lack of insight. Consequently, Alan Michael Simon was disbarred, effective immediately.

Attorney DisciplineJudicial MisconductDisbarmentProfessional MisconductCollateral EstoppelGrievance CommitteeAppellate DivisionRules of Professional ConductEthical ViolationsAttorney and Counselor-at-Law
References
4
Case No. MISSING
Regular Panel Decision

In Re CCT Communications, Inc.

CCT Communications, Inc. (Debtor) filed for Chapter 11 bankruptcy. Creditors Global Crossing Telecommunications, Inc. and Zone Telecom, Inc. moved to dismiss the case, arguing that CCT was a small business debtor and failed to confirm a plan within the statutory 45-day period. CCT initially designated itself as a small business debtor but later tried to amend its status to non-small business. The Court applied judicial estoppel, finding CCT's actions to be 'fast and loose' and its attempts to alter its status, including a sham transaction to affiliate with Call Center, disingenuous. The Court ruled that CCT was judicially estopped from denying its small business debtor status, thus affirming its failure to meet the plan confirmation deadline. Consequently, the Court dismissed the Chapter 11 case but retained jurisdiction over an adversary proceeding between CCT and Global Crossing and over fee applications by Court-appointed professionals, citing judicial economy and fairness to CCT regarding potential statute of limitations issues in the adversary proceeding.

BankruptcyJudicial EstoppelSmall Business DebtorChapter 11Motion to DismissPlan ConfirmationAdversary ProceedingCreditorDebtorSham Transaction
References
26
Case No. MISSING
Regular Panel Decision
Aug 25, 1997

Harosh v. Diaz

The plaintiff appealed an order from the Supreme Court, Queens County, dated August 25, 1997, which denied his motion to renew a prior motion for judicial approval of a compromise and settlement. The plaintiff was injured in 1993 when struck by the defendants' vehicle and settled his action against them for $10,000 in 1994. He subsequently filed a Workers' Compensation claim and, in February 1996, moved for approval of the settlement under Workers' Compensation Law § 29 (5), which was initially denied without prejudice. His renewed motion in May 1997 was denied as untimely, a decision the appellate court affirmed. The court emphasized that judicial approval beyond the statutory three-month period requires demonstrating the settlement's reasonableness, lack of petitioner's fault for the delay, and no prejudice to the carrier, which the plaintiff failed to do.

Appellate DecisionWorkers' Compensation LawSettlement ApprovalTimelinessPersonal InjuryAutomobile AccidentInsurance CarrierJudicial ReviewRenew MotionQueens County
References
3
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