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

Case No. 1:06-cv-01137
Regular Panel Decision
May 01, 2009

Baker v. Windsor Republic Doors

Plaintiff Douglas Baker filed a civil action against Defendant Windsor Republic Doors (WRD) under the Americans with Disabilities Act (ADA), Tennessee Handicap Act (THA), and Tennessee Human Rights Act (THRA), alleging disability discrimination and retaliation. A jury found WRD liable for both claims, awarding Baker back pay and compensatory damages. The Court granted judgment for WRD on the discrimination claim but sustained the retaliation claim. This order addresses the availability of compensatory damages for ADA retaliation claims, an issue with conflicting legal authority among federal courts. The Court, relying on Supreme Court precedent, concluded that compensatory damages are available for ADA retaliation claims and found that the THRA and THA also provide alternative grounds for sustaining the award. Consequently, the Defendant's motion for judgment as a matter of law regarding compensatory damages was denied, and the jury's $29,500 compensatory award was upheld.

Americans with Disabilities ActADA RetaliationTennessee Handicap ActTennessee Human Rights ActCompensatory DamagesJury AwardStatutory InterpretationDisability DiscriminationCivil RightsEmployment Law
References
42
Case No. MISSING
Regular Panel Decision

Kelleher v. New York State Trooper Fearon

Plaintiff Eugene Kelleher brought suit under 42 U.S.C. § 1983 against Defendant Denzil Fearon, a New York State Trooper, for damages resulting from an unlawful strip search. A jury found Fearon liable and awarded Kelleher $125,000 in compensatory damages for emotional distress. Defendant moved for judgment as a matter of law, or alternatively, a new trial or remittitur. The court denied the motion for judgment as a matter of law, upholding the jury's finding that Fearon was not entitled to qualified immunity, as there was sufficient evidence to infer he lacked objective reasonable suspicion for the strip search. However, the court granted the motion for remittitur, reducing the jury's award to $25,000, citing a lack of corroborating medical evidence for Kelleher's emotional distress.

Strip SearchQualified ImmunityExcessive ForceEmotional Distress DamagesRemittiturJury AwardCivil RightsAutomobile PresumptionProbable CauseFalse Arrest
References
24
Case No. MISSING
Regular Panel Decision
Apr 12, 1996

Van Guilder v. Sands Hecht Construction Corp.

This case involves an appeal from a judgment in an action under Labor Law § 240 (1). The judgment, entered April 12, 1996, awarded damages for past pain and suffering and past lost earnings, but zero for future damages. The court unanimously affirmed the judgment. The central issue was whether the trial court correctly instructed the jury on mitigation of damages, specifically regarding the plaintiff's refusal to undergo a myelogram, a test repeatedly recommended by his treating orthopedist for diagnosis and potential surgery. The appellate court found ample evidence to justify the mitigation charge, citing the physician's recommendation and the plaintiff's failure to attend physical therapy or seek employment. The court also affirmed the damage award, finding it reasonable given conflicting medical testimony about a herniated disc and inconsistencies in the plaintiff's testimony about his post-accident lifestyle and efforts to find work.

Labor Law § 240 (1)DamagesMitigation of DamagesMyelogramMedical DiagnosisRefusal of TreatmentPain and SufferingLost EarningsHerniated DiscWorkers' Compensation Board
References
1
Case No. MISSING
Regular Panel Decision

Pena v. Automatic Data Processing, Inc.

This case concerns an appeal and cross-appeal regarding a jury's finding that plaintiff Pedro Pena was not a special employee of the defendant, following an accident resulting in personal injuries. The Supreme Court, Suffolk County, had previously set aside the jury verdict and ordered a new trial. On appeal, the higher court reversed the Supreme Court's decision to set aside the jury verdict, thereby upholding the jury's original finding. Additionally, the defendant's cross-appeal for judgment as a matter of law was denied. The court emphasized that determining a special employment relationship is a question of fact for the jury, with several factors to consider. Ultimately, costs were awarded to the plaintiffs, affirming the jury's initial determination.

Special EmploymentWorkers' CompensationJury Verdict ReviewAppellate ProcedurePersonal Injury DamagesEmployer LiabilityVicarious LiabilityQuestion of FactTrial Court ReversalCosts Awarded
References
17
Case No. MISSING
Regular Panel Decision

In re the Report of the Special Grand Jury

This case involves five appeals challenging the procedures and evidence supporting a Special Grand Jury's reports, which recommended discipline or removal for employees of the Monroe County Department of Social Services. The Grand Jury was empanelled in 1978 to investigate the department's handling of child abuse cases. Although the County Court accepted the reports for filing, it sealed them pending appeal and later affirmed its decision. The appellate court, however, found significant procedural irregularities, including inadequate jury instructions and improper subcommittee formation, and determined that the evidence was insufficient to substantiate the misconduct charges against the appellants. Consequently, the County Court's orders were reversed, and the Grand Jury reports were ordered to be sealed.

Grand Jury ReportChild Abuse InvestigationMonroe County Department of Social ServicesPublic Servants MisconductProcedural IrregularitiesSufficiency of EvidenceGrand Jury InstructionsSealing ReportsCriminal Procedure LawAppellate Review
References
13
Case No. MISSING
Regular Panel Decision

Wal-Mart Stores, Inc. v. Kee

Tan-ja Kee was fired by Wal-Mart Stores, Inc. in response to filing and settling a workers' compensation claim. Kee sued Wal-Mart for discriminatory firing under Tex.Rev.Civ.Stat. Ann. art. 8307c, seeking actual and exemplary damages. A jury awarded Kee $4,500 in actual damages and $25,000 in exemplary damages, finding Wal-Mart acted with malice. Wal-Mart appealed, challenging the recoverability of exemplary damages and the sufficiency of evidence for malice. The appellate court affirmed the trial court's judgment, citing precedent that exemplary damages are recoverable and concluding that the jury's finding of malice and the damage award were supported by sufficient evidence and not excessive.

discriminatory firingworkers' compensationexemplary damagesmaliceTexas lawretaliatory dischargeemployee rightsemployer liabilityjury verdictappellate review
References
5
Case No. MISSING
Regular Panel Decision

Marathon Oil Co. v. Sterner

James E. Sterner, an independent contractor's employee, was awarded $25,000 for personal injuries sustained on Marathon Oil Company's premises due to gas exposure. Marathon appealed the judgment, arguing a lack of evidence for negligence and improper jury instruction on res ipsa loquitur. The jury found Marathon negligent and its negligence proximately caused Sterner's injuries. The appellate court affirmed the trial court's decision, holding that the jury was entitled to conclude negligence based on the res ipsa loquitur doctrine, as the accident would not ordinarily happen absent negligence and the instrumentality was under Marathon's control. The court found sufficient evidence to support the jury's findings.

Personal InjuryNegligenceRes Ipsa LoquiturAppellate LawJury VerdictProximate CausePremises LiabilityIndependent Contractor LiabilityWorkplace AccidentGas Exposure Injury
References
2
Case No. MISSING
Regular Panel Decision

In Re an Application to Quash a Subpoena Duces Tecum in Grand Jury Proceedings

The New York Court of Appeals held that a hospital under Grand Jury investigation for alleged crimes against patients (e.g., "no coding") cannot assert physician-patient or social worker-client privileges, or the patient’s right to privacy, to quash subpoenas for medical records. The court reasoned that these privileges are intended to protect patients, not to shield potential criminals. Additionally, the conditional privilege for material prepared for litigation (CPLR 3101 [d]) does not apply to Grand Jury subpoenas. The decision affirmed the denial of motions to quash subpoenas related to patients Maria M. and Daisy S., emphasizing the broad investigative powers of the Grand Jury.

Grand JurySubpoena Duces TecumPhysician-Patient PrivilegeSocial Worker-Client PrivilegePatient PrivacyMaterial Prepared for LitigationHospital InvestigationMedicaid Fraud ControlCriminal ActivityNo Coding
References
5
Case No. MISSING
Regular Panel Decision

Texas Employers Insurance Association v. Thomas

The appellant, H. B. Zachry Company, appealed a jury verdict that awarded the appellee workmen’s compensation benefits for total and permanent incapacity. The appeal raised concerns about the trial court's decision not to grant a mistrial, specifically regarding the appellee's failure to timely disclose Dr. A. E. Minyard as an expert medical witness during discovery. The appellant also challenged the sufficiency of the evidence to support the jury's finding of total and permanent incapacity. The appellate court concluded there was no abuse of discretion by the trial court in allowing Dr. Minyard's testimony, noting that the medical evidence was thoroughly developed and Dr. Minyard's findings primarily offered a different conclusion from existing medical reports. Furthermore, the court affirmed the jury's findings on total and permanent incapacity, the date of injury, and the good cause for the delayed filing of the claim, ultimately overruling all seventeen assignments of error. Therefore, the judgment of the trial court was affirmed.

Workmen's CompensationExpert Witness TestimonyDiscovery Rules ViolationRule 168 Texas Rules of Civil ProcedureTotal and Permanent IncapacitySufficiency of EvidenceJury MisconductAppellate ReviewIndustrial Accident BoardMedical Testimony
References
15
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rotating Components, Inc. & District 4, International Union of Electrical Workers, AFL-CIO

Petitioner moved to confirm an arbitration award, while Respondent cross-moved to vacate it, alleging imperfect execution and lack of a mutual, final, and definite award. The dispute arose from a collective bargaining agreement from December 1959, and a supplementary agreement from January 1960, which stipulated the assignment of the main agreement to a local union within 18 months, with arbitration if the assignment failed. The arbitrator issued an interim award on September 21, 1961, instructing the union to assign the agreement within 30 days. Upon the union's failure, the arbitrator, on October 29, 1961, assigned the agreement to a new local union to be formed for the employees of Rotating Components, Inc. The court found the arbitrator's award to be within his express powers and rejected the objection regarding the finality and definiteness of the award. Consequently, the court granted the petitioner's motion to confirm the award and denied the respondent's cross-motion to vacate it.

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award
References
2
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