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

Case No. 2021 NY Slip Op 00133 [190 AD3d 505]
Regular Panel Decision
Jan 12, 2021

Santana v. MMF 1212 Assoc L.L.C.

Plaintiff, Juan C. Santana, was injured during demolition work when a ceiling fell and struck him. He brought claims under Labor Law §§ 241 (6) and 200, alleging violations of Industrial Code (12 NYCRR) §§ 23-1.8 (c) and 23-3.3 (c). The Appellate Division affirmed the denial of Richard Mishkin Contracting Inc.'s motion for summary judgment on the Labor Law § 241 (6) claim, finding issues of fact regarding the provision of safety hats and ongoing inspections. The court also affirmed the dismissal of the Labor Law § 200 claim against MMF 1212 Assoc L.L.C. and Finkelstein Timberger East Real Estate LLC, as plaintiff did not oppose and they lacked control over the work. Finally, Mishkin's cross-claims for common-law contribution and indemnification were not dismissed due to conflicting expert opinions on the gravity of plaintiff's brain injury under Workers' Compensation Law § 11.

Demolition AccidentFalling ObjectsConstruction SafetyLabor LawIndustrial CodeSummary JudgmentContribution ClaimIndemnification ClaimWorkers' CompensationAppellate Review
References
4
Case No. W2012-00469-COA-R3-PT
Regular Panel Decision
Sep 17, 2012

In the Matter of: D.C., Jr., G.C., D.C., and H.C.

This case concerns the appeal of D.C., Sr. against the termination of his parental rights to his four children (D.C., Jr., G.C., D.C., and H.C.). The Tennessee Department of Children’s Services (DCS) removed the children due to neglect and abuse. The juvenile court terminated his parental rights on grounds of abandonment (failure to provide a suitable home), substantial noncompliance with the permanency plan, and persistent conditions. The Court of Appeals affirmed the termination, agreeing with the juvenile court on most grounds but reversing the finding on abandonment by failure to support, concluding that even minimal payments were token support and that the father ceased payments upon moving to Texas. The appellate court found overwhelming evidence that termination was in the children's best interest.

Parental Rights TerminationChild NeglectChild AbuseAbandonmentPermanency Plan NoncompliancePersistent ConditionsJuvenile Court AppealChild SupportBest Interest of ChildFoster Care
References
39
Case No. 20-0552
Regular Panel Decision
Jun 17, 2022

S.C. v. M.B., Individually and as Next Friend of I.C.

The Supreme Court of Texas reviewed a case concerning the division of community property not addressed in a final divorce decree. The core issue was whether Family Code Subchapter C, enacted in 1987, replaced the traditional Property Code partition remedy and gave exclusive jurisdiction to the original divorce court. The Court held that Subchapter C provides an additional remedy, allowing for a "just and right" division post-divorce, but does not eliminate the existing partition action or impose exclusive jurisdiction on the original divorce court. This means former spouses can still pursue a Property Code partition, but if either spouse invokes Subchapter C, the "just and right" standard must be applied by any court with jurisdiction. The Court affirmed the lower court's judgment, emphasizing that the legislature did not intend to abolish common-law rights or impose jurisdictional restrictions without clear language.

Post-divorce property divisionCommunity propertyTenants in commonExclusive remedyExclusive jurisdictionStatutory constructionProperty Code partitionFamily CodeJust and right standardFinal divorce decree
References
77
Case No. 2025 NY Slip Op 05500 [242 AD3d 829]
Regular Panel Decision
Oct 08, 2025

DeMarco v. C.A.C. Indus., Inc.

The plaintiff, Peter DeMarco, suffered personal injuries when excavation walls collapsed at a Queens work site. He sued C.A.C. Industries, Inc., a contractor that provided a backhoe and operating engineer to his employer, the City of New York Department of Environmental Protection (DEP). The Supreme Court, Queens County, partially granted the defendant's motion for summary judgment, dismissing claims under Labor Law § 200 and certain Labor Law § 241 (6) violations, while denying dismissal of the common-law negligence claim. The plaintiff's cross-motion for summary judgment was denied. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the defendant lacked authority to supervise for the Labor Law claims but failed to demonstrate a special employment relationship, leaving triable issues of fact regarding the common-law negligence claim and whether the defendant's excavation created or exacerbated the dangerous condition.

Excavation CollapseTrench SafetyLabor Law 200Labor Law 241(6)Industrial Code ViolationsSpecial EmploymentContractor NegligencePremises LiabilitySummary Judgment AppealDuty of Care
References
21
Case No. 08-10-00328-CV
Regular Panel Decision
Oct 17, 2012

Echostar Satellite L.L.C. and Dish Network Service L.L.C. v. Ray Aguilar

Ray Aguilar, a former employee, sued Echostar Satellite L.L.C. and Dish Network, L.L.C. for wrongful termination under the Texas Labor Code Chapter 451, alleging retaliation for filing a workers' compensation claim. A jury found in Aguilar's favor, awarding actual and exemplary damages. On appeal, the Eighth District Court of Appeals of Texas affirmed the jury's findings regarding the employer's failure to uniformly enforce its absence control policy, the presence of retaliatory discharge, and constructive termination. However, the court reversed the award of exemplary damages, concluding there was insufficient evidence of actual malice.

Workers' CompensationRetaliatory DischargeAbsence Control PolicyConstructive TerminationExemplary DamagesTexas Labor CodeFMLAJury VerdictAppellate ReviewEmployment Law
References
42
Case No. MISSING
Regular Panel Decision

Echostar Satellite L.L.C. and Dish Network Service L.L.C. v. Ray Aguilar

Ray Aguilar sued his employers, Echostar Satellite L.L.C. and Dish Network Service, L.L.C., for wrongful termination in violation of the Texas Labor Code Chapter 451, alleging retaliation for filing a workers' compensation claim after a workplace injury. Aguilar claimed a hostile work environment, denial of a pay raise, and being pressured into unpaid FMLA leave, leading to his termination for 'job abandonment' without proper notice. A jury found in Aguilar's favor, awarding actual and punitive damages. The appellate court affirmed the findings of retaliation and constructive discharge, concluding there was sufficient evidence that the employers failed to uniformly enforce their absence control policy and showed a causal link between the claim and termination. However, the court reversed the punitive damages award, finding insufficient evidence of actual malice.

Retaliatory DischargeEmployment DiscriminationTexas Labor Code Chapter 451Absence Control PolicyConstructive TerminationFamily Medical Leave Act (FMLA)Exemplary DamagesLegal SufficiencyFactual SufficiencyAppellate Review
References
42
Case No. E2003-01685-COA-R3-CV
Regular Panel Decision
May 26, 2004

Randall C. Hagy v. Commisssioner, Tennessee Department of Labor and Workforce Development and Tennessee Distribution, Inc.

Randall C. Hagy was discharged from his employment with Tennessee Distribution, Inc. after refusing to handle materials he deemed offensive to his religious beliefs. The Commissioner of the Tennessee Department of Labor and Workforce Development denied Hagy unemployment benefits, a decision subsequently affirmed by the Chancery Court for Sullivan County. Hagy appealed to the Court of Appeals of Tennessee, raising issues concerning the evidentiary support for the decision, alleged procedural violations of his right to a jury trial, and violations of his constitutional rights, including freedom of religion. The Court of Appeals affirmed the trial court's decision, finding substantial and material evidence supported the Board's conclusion that Hagy was discharged for misconduct due to his refusal to perform job duties. The court also determined that the unemployment compensation law was a neutral and generally applicable law, thus not violating Hagy's free exercise of religion, and declined to address the jury trial issue as it was not raised in the lower court.

Unemployment CompensationReligious DiscriminationEmployee MisconductRefusal to WorkFreedom of ReligionAppellate ReviewSubstantial EvidenceAdministrative LawChancery CourtCourt of Appeals
References
9
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. MISSING
Regular Panel Decision

City of Dallas v. Jill Herz, P.C.

The City of Dallas appealed a trial court's denial of its plea to the jurisdiction against Jill Herz, P.C.'s claim for attorney's fees under the Texas Labor Code. Herz represented Clifford Beamon, a firefighter who received worker's compensation benefits from the City and later secured a third-party settlement. Herz sought attorney's fees from the City's reimbursement amount, but the City asserted governmental immunity. The appellate court reviewed the plea de novo and concluded that the Texas Labor Code, specifically section 417.003, does not contain a clear and unambiguous waiver of sovereign immunity for such claims against municipalities acting as self-insurers. Consequently, the appellate court reversed the trial court's order, granted the City's plea to the jurisdiction, and remanded the cause.

Governmental ImmunitySovereign ImmunityAttorney's FeesWorker's CompensationTexas Labor CodePlea to the JurisdictionInterlocutory AppealReimbursementSelf-Insured MunicipalityStatutory Interpretation
References
16
Case No. 04-15-00307-CV
Regular Panel Decision
Apr 27, 2015

Autozone, Inc. and Autozoners L.L.C. v. Mario Flores

This case involves an interlocutory appeal by AutoZone, Inc. and AutoZoners, L.L.C. against Mario Flores, challenging the denial of their motion to compel arbitration. Flores, an AutoZone employee, filed a personal injury lawsuit after an alleged workplace injury. AutoZone sought to enforce an arbitration agreement from its Occupational Injury Benefit Plan, which Flores had signed and re-acknowledged multiple times. Flores argued that the Federal Arbitration Act (FAA) did not apply due to an employment contract exception, that it violated the Texas Labor Code, and that the agreement was procedurally unconscionable because he could not read English. The appellants' brief argues that the FAA applies due to interstate commerce and explicit agreement, that the section 1 FAA exception only applies to transportation workers, that the Texas Labor Code argument is preempted and was conceded, and that the unconscionability claim against the entire contract should be for the arbitrator, and is meritless under Texas law which does not recognize illiteracy as a defense to contract. The trial court denied AutoZone's motion to compel arbitration.

Arbitration AgreementFederal Arbitration Act (FAA)Interlocutory AppealWorkers' CompensationProcedural UnconscionabilityEmployment ContractInterstate CommerceTexas Labor CodeContract EnforcementDispute Resolution
References
95
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