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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

Moffett v. Texas Employers' Ins. Ass'n.

W. J. Day filed a workman's compensation suit against Texas Employers’ Insurance Association after sustaining injuries on December 24, 1943, while working at a parking lot. The trial court ruled in favor of the insurance carrier, leading Day's heir, Stella Moffett, to appeal. The core legal question was whether Day's parking lot employment was covered by the employer Ballard Burgher's insurance policy, which primarily listed construction-related classifications. An endorsement adding parking lot coverage was made retroactively after the injury. The court affirmed the lower court's judgment, concluding that the insurance agent lacked authority to issue a retroactive endorsement for a pre-existing loss and that Day was not an employee of Ballard Burgher in the insured business at the time of injury, as the parking lot was a distinct operation under Overpass Auto Park, Inc.

Workmen's CompensationInsurance Policy CoverageRetroactive EndorsementEmployer LiabilityScope of EmploymentSeparate BusinessesAgent AuthorityPre-existing LossAppellate ReviewTexas Law
References
9
Case No. 13-17-00346-CV
Regular Panel Decision
May 09, 2019

Audrey Nickerson v. Julio Pineda and Unique Employment, LLC, Unique Employment Services, Unique Employment I, LTD, D/B/A Unique Employment Services

Audrey Nickerson, an employee of the City of Corpus Christi, sued Julio Pineda, a temporary worker, and Unique Employment Services for negligence after Pineda, operating a City-owned backhoe, caused an injury. Appellees filed a plea to the jurisdiction, which the trial court granted. The appellate court affirmed the dismissal of claims against Pineda, determining he qualified as a government employee under the Texas Tort Claims Act and was therefore immune from suit. However, the court reversed the dismissal of claims against Unique Employment Services, concluding that the borrowed-employee doctrine, on which Unique relied, is an affirmative defense to liability and not a jurisdictional matter properly addressed in a plea to the jurisdiction. The case against Unique was remanded for further proceedings.

Plea to the JurisdictionGovernmental ImmunityTexas Tort Claims ActElection of RemediesBorrowed Employee DoctrineNegligenceTemporary StaffingVicarious LiabilityAppellate ReviewSubject Matter Jurisdiction
References
35
Case No. 13-06-471-CV
Regular Panel Decision
Apr 17, 2008

Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C. v. Christus Spohn Health System D/B/A Christus Spohn Hospital Memorial

This case involves an appeal from summary judgments. Appellants (Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C., collectively "Texas Treasure") contested the trial court's decision in favor of appellee (Christus Spohn Health System d/b/a Christus Spohn Hospital Memorial, "Christus"). The dispute arose from medical expenses incurred by a seaman, Judy Ann Lanado, employed by Texas Treasure, who suffered severe brain damage after surgery at Christus. Texas Treasure sought to avoid liability for the entire hospital bill and claimed equitable subrogation. The appellate court affirmed the denial of Texas Treasure's motion for summary judgment on its plea in intervention but reversed the granting of Christus's motions for summary judgment on its counterclaim and Texas Treasure's plea in intervention, remanding for further proceedings to determine negligence and attributable expenses.

Summary JudgmentAppellate ReviewSworn AccountVerified DenialDue ProcessEquitable SubrogationMaintenance and CureMaritime LawAlien CrewmanHospital Expenses
References
52
Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. MISSING
Regular Panel Decision
Mar 22, 1971

Claim of Pollak v. Robert Day, Inc.

The Workmen’s Compensation Board awarded disability benefits to a waiter under the Disability Benefits Law, finding him to be a 'shape-up worker' concurrently employed by Creative Caterers, Inc. and Robert Day, Inc. The claimant fell ill in February 1970 and was hospitalized, having worked for both employers in the same calendar week. Appellants challenged the board's finding of concurrent employment, citing the claimant's sporadic work record and arguing a lack of substantial evidence. The court affirmed the board's decision, asserting that concurrent employment and eligibility are questions of fact solely within the board's province, and its conclusion was supported by sufficient evidence. The court clarified that regular employment by the *same* employers within the same calendar week is not necessary; only regular and customary employment by more than one covered employer within the same week is required.

disability benefitsconcurrent employmentshape-up workerWorkmen's Compensation LawArticle 9substantial evidencequestion of factapportionmentemployer liabilityappellate review
References
0
Case No. MISSING
Regular Panel Decision

Barnett v. Earthworks Unlimited, Inc.

This workers' compensation case addresses whether Steve D. Barnett's claim for carpal tunnel syndrome benefits against Earthworks Unlimited, Inc. is time-barred by the statute of limitations. Barnett was diagnosed with carpal tunnel syndrome in April 2002 and verbally notified his employer, but did not fully understand its work-related and permanent nature until May 2003. His employment was terminated in January 2003 for unrelated reasons, and he filed his claim in June 2003. The trial court found the claim timely, and the Supreme Court affirmed, clarifying that for gradually occurring injuries, the one-year statute of limitations begins on the last day the employee worked, unless explicit notice of a compensable, work-related injury was given with full knowledge. As Barnett lacked full knowledge of his injury's nature until after his last day of employment, the last-day-worked rule applied, making his claim timely.

Workers' CompensationStatute of LimitationsGradual InjuryCarpal Tunnel SyndromeLast-Day-Worked RuleNotice RequirementPermanent Partial DisabilityRepetitive Motion InjuryTennessee LawMedical Impairment Rating
References
15
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Hammond

This case concerns a worker's compensation claim filed by Nowlin Hammond against Texas Employers’ Insurance Association for an injury sustained in December 1951. The trial court awarded Hammond compensation for a 25% permanent partial incapacity of his left arm. On appeal, the Texas Employers’ Insurance Association challenged the sufficiency of the evidence regarding Hammond's average weekly wage rate. The appellate court found that Hammond failed to establish his average weekly wage rate according to the requirements of Article 8309, Section 1, which necessitates proving either that the claimant or a comparable worker worked substantially the whole year prior to the injury. Since the evidence showed Hammond worked only 260 days, less than the required 300 days for "substantially the whole of the year," and failed to adequately prove an alternative wage computation method, the appellate court reversed the trial court's judgment and remanded the case.

Workers' CompensationWage CalculationAverage Weekly WageStatutory InterpretationBurden of ProofEmployment InjuryPermanent Partial IncapacityTexas Civil AppealsSufficiency of EvidenceRemand
References
12
Case No. 2020-03-0939
Regular Panel Decision
Feb 24, 2021

Day, Misti v. Great Salons of Knoxville, Inc.

Misti G. Day sustained two work-related injuries in 2018 and 2019. Her initial petition for benefits was involuntarily dismissed without prejudice in December 2019 due to failure to prosecute. The employer subsequently ceased voluntary workers' compensation benefits in March 2020. Employee Day filed a second petition for benefits on April 30, 2020, seeking additional medical treatment for her injuries. The trial court determined that the employee's second petition was timely filed and that she was likely to prevail regarding her request for additional medical benefits. The employer appealed this decision, arguing the second petition was untimely. The Appeals Board affirmed the trial court’s determinations and remanded the case.

Timeliness of PetitionInvoluntary DismissalStatute of LimitationsMedical Benefits DisputeWorkers' Compensation Appeals BoardInterlocutory AppealRemandRule 41.02Show Cause HearingWorkers' Compensation Benefits
References
3
Case No. MISSING
Regular Panel Decision

Green v. Texas Employment Commission

Don L. Green appealed the trial court's dismissal of his unemployment compensation benefits claim. The claim was dismissed for not being filed within ten days of the Texas Employment Commission's final decision. The appellant argued that Article 5539d, Tex.Rev.Civ.Stat., extends the filing period when the last day falls on a Saturday, Sunday, or holiday. The trial court had granted motions to dismiss, following precedent that the ten-day period was jurisdictional. However, the appellate court distinguished the case from Worker's Compensation cases which have their own specific provisions. The court held that Article 5539d applies as a general statute of limitations, extending the filing period to the next business day. Consequently, the appellate court sustained the appellant's point of error, reversed the trial court's judgment, and remanded the case for trial.

Unemployment Compensation BenefitsStatute of LimitationsTimely FilingAppealJurisdictionLegal Holiday ExtensionTexas Civil StatutesProcedural RulesRemandAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Hansen v. Texas Employment Commission

The case, a companion to Huey v. Texas Employment Commission, concerns employees of several Texas garment manufacturing companies, led by Frances M. Hansen, who were denied unemployment compensation. The Texas Employment Commission refused benefits after a two-week plant shutdown in 1956, citing a collective bargaining agreement where employees allegedly "left his last work voluntarily." Employees of one company, The Corsicana Company, were granted benefits. Appellants, represented by Amalgamated Clothing Workers of America, challenged the District Court's affirmation of the Commission's decision. The Chief Justice reversed the lower court's judgment, ruling that the employees did not voluntarily leave their employment and are therefore eligible for unemployment benefits, provided they meet other statutory requirements.

Unemployment compensationCollective bargaining agreementPlant shutdownVoluntary leavingEligibility for benefitsTexas employment lawLabor unionAppeals court decisionJudicial reviewEmployer-employee dispute
References
1
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