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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

Lay v. Scott County Sheriff's Department

Jerry Brandon Lay, a deputy sheriff for Scott County Sheriff's Department, was injured in an automobile accident in October 2000, sustaining neck, shoulder, arm, and back injuries. He underwent surgery for a bulging disc and was rated with a 13% whole body disability, reaching maximum medical improvement in January 2002. After initially returning to the Sheriff's Department at the same pay, Lay voluntarily resigned for a higher-paying job, only to be rehired by the Sheriff's Department at a lower wage after his surgery. The trial court awarded Lay 60% permanent partial disability, believing the 2.5 times impairment rating statutory cap did not apply as he was not returned to the same position at the same wage. The Supreme Court reversed this decision, asserting that the 2.5 times cap applies when an employee has a meaningful return to work and resigns for reasons unrelated to the injury, regardless of later returning at a lower wage. Consequently, Lay's award was modified to 32.5% permanent partial disability, which is 2.5 times his 13% impairment rating.

Workers' CompensationPermanent Partial DisabilityMeaningful Return to WorkStatutory CapsVoluntary ResignationWage DiscrepancySpinal InjuryMedical Impairment RatingAppellate ReviewTennessee Law
References
11
Case No. MISSING
Regular Panel Decision

Hudacs v. Frito-Lay, Inc.

The New York Court of Appeals affirmed the Appellate Division's decision, holding that Frito-Lay, Inc. did not violate Labor Law § 193 by requiring its route salespeople to reimburse the company for unremitted funds collected from customers. The court determined that these repayments were distinct from wage deductions, which are prohibited by the statute, and instead represented the full remittance of company funds temporarily entrusted to employees. The case originated from an order by the Commissioner of Labor, alleging a violation of Labor Law § 193, which was subsequently revoked by the Industrial Board of Appeals. While the Supreme Court initially reinstated the Commissioner's order, the Appellate Division reversed, finding the Board's interpretation rational. The core issue revolved around the interpretation of Labor Law § 193, specifically whether requiring employees to make up account deficits constituted an unauthorized deduction from wages or a separate transaction for the repayment of company funds. The Court emphasized that Frito-Lay allowed setoffs for deficits not attributable to the failure to fully remit funds, such as damaged products or theft, aligning with the statutory purpose of placing certain risks on the employer. Ultimately, the Court concluded that under the unique factual circumstances where employees convert company funds to their own accounts before remitting, the requirement to make up deficits did not contravene Labor Law § 193, as the funds were never wages.

Wage DeductionLabor Law § 193Employer Reimbursement PolicyRoute SalespeopleUnremitted FundsIndustrial Board of AppealsCollective BargainingNational Labor Relations Act (NLRA)Statutory InterpretationEmployee Accountability
References
10
Case No. 2022-05-0709A, 2022-05-0709B
Regular Panel Decision
Mar 30, 2023

Allen, Marilyn v. Frito Lay, INC.

Frito Lay, Inc. filed a motion for summary judgment on Marilyn Allen's claim for an alleged right-knee injury at work, contending that Ms. Allen failed to file her suit within one year of the dates of injury, as no benefits were paid. Ms. Allen argued that her refiled petition, after a nonsuit of a previous petition with incorrect dates, fell within the ninety-day savings period provided by the nonsuit statute, allowing her to proceed with the claim. The Court granted Frito-Lay’s Motion for Summary Judgment, ruling that Ms. Allen's petitions, which alleged new dates of injury, constituted new causes of action. Consequently, these new causes of action were filed more than a year after the alleged dates of injury, placing them outside the applicable statute of limitations, and her claim was dismissed with prejudice.

summary judgmentstatute of limitationsnonsuit ruleworkers' compensationright-knee injuryrefiled claimnew cause of actiontimely filingdismissed with prejudiceTennessee law
References
2
Case No. 04-08-00630-CV
Regular Panel Decision
May 13, 2009

Kirk Cantu v. Frito-Lay, Inc.

Kirk Cantu, a Frito-Lay route sales representative, was terminated after being accused of tampering with product sell-by dates and subsequently barred from all HEB stores. Cantu sued his former employer, alleging age and gender discrimination, claiming he was replaced by a younger employee and treated differently than a similarly situated female employee, Sandra Casso, who was also barred from an HEB store but not terminated. The trial court granted summary judgment in favor of Frito-Lay. The appellate court affirmed the trial court's decision, concluding that Cantu and Casso were not "similarly situated" because their conduct was not "nearly identical" or of "comparable seriousness" for the purposes of establishing a prima facie case of employment discrimination.

Employment DiscriminationAge DiscriminationGender DiscriminationSummary JudgmentTexas Commission on Human Rights ActSimilarly SituatedDisparate DisciplineRoute Sales RepresentativeMisconductTrial Court Affirmation
References
18
Case No. ADJ8745178
Regular
Jan 23, 2014

KHIN LAY vs. SWEDA COMPANY LLC, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied Khin Lay's petition for reconsideration. The Board adopted the findings of the Administrative Law Judge (WCJ), emphasizing the significant weight given to the WCJ's credibility determination. The applicant, Khin Lay, sought reconsideration after his claim was denied, likely based on findings that he was the initial aggressor in a workplace altercation. The WCJ's report, which the Board incorporated, detailed conflicting testimony regarding the altercation but ultimately found the applicant's actions met the standard for the initial aggressor defense, leading to the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeInitial Aggressor DefenseCredibility FindingPhysical AltercationEyewitness TestimonyCourse and Scope of EmploymentAggressivenessReasonable Man Standard
References
3
Case No. MISSING
Regular Panel Decision

Luna v. Frito-Lay, Inc.

Gregory Luna appealed a summary judgment in favor of Frito-Lay, Inc. in a wrongful discharge lawsuit. Luna claimed a four-year statute of limitations applied under former articles 5527 or 5529, or if a two-year period applied under former article 5526, a fact issue existed regarding the discharge date. The court determined that the two-year statute of limitations in article 5526 was applicable as the cause of action for wrongful discharge under article 8307c more closely resembled a tort. The court also found no fact issue regarding the discharge date, concluding Luna was informed of his replacement on May 31, 1983, which constituted his discharge. Therefore, his lawsuit filed on June 3, 1985, was barred by the two-year statute of limitations. The judgment of the trial court was affirmed.

Summary judgmentWrongful dischargeStatute of limitationsWorkers' compensationEmployment lawTexas lawTort actionAccrual of cause of actionAppellate reviewFrito-Lay
References
12
Case No. MISSING
Regular Panel Decision

Byrd v. Delasancha

Greta Byrd appealed a trial court's directed verdict in favor of Florenciano Delasancha in a negligence case stemming from an automobile collision. The trial court had ruled that expert medical testimony was required to prove causation for Byrd's injuries. Byrd argued that her lay testimony, supported by medical records and a clear sequence of events, was sufficient to establish causation. The appellate court concluded that general experience and common sense could enable a lay person to determine the causal relationship between the accident and Byrd's soft tissue trauma and other documented injuries without expert medical testimony. Therefore, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Automobile AccidentNegligenceDirected VerdictCausationExpert Medical TestimonyLay TestimonySufficiency of EvidencePersonal InjurySoft Tissue TraumaReversed Judgment
References
19
Case No. 04-08-00504-CV
Regular Panel Decision
May 13, 2009

City of Laredo v. Juan Garza, Jr.

The City of Laredo appealed a trial court's judgment that found Juan Garza Jr.'s compensable injuries included L4-L5 and L5-S1 herniated discs, L5-S1 radiculopathy, and complex regional pain syndrome. The City argued a lack of expert medical evidence to establish causation, while Garza contended his lay testimony was sufficient. The appellate court examined whether expert medical testimony was necessary for these specific conditions, especially considering the delayed reporting of back pain and conflicting medical reports. It concluded that lay testimony was insufficient under the circumstances to prove causation for such complex medical conditions. Therefore, the appellate court reversed the trial court's judgment, finding legally insufficient evidence of causation.

Workers' CompensationCausationExpert Medical TestimonyLay TestimonySufficiency of EvidenceHerniated DiscsRadiculopathyComplex Regional Pain SyndromeAppellate ReviewTexas Law
References
11
Case No. C.A. No. 02A01-9803-CV-00053
Regular Panel Decision
Nov 18, 1998

Carolyn Love v. Shelby Co.

Plaintiff Carolyn Martin Love was awarded $123,991.22 in on-the-job injury benefits, including permanent disability, by the Shelby County Circuit Court, based on a finding of 100% permanent disability to each arm from carpal tunnel syndrome and related issues. Defendant Shelby County appealed, contending the award was excessive and not substantiated by medical evidence to support a 100% disability finding. The Court of Appeals affirmed the trial court's judgment, emphasizing that vocational disability is distinct from anatomical impairment and can be established through both expert medical testimony and compelling lay testimony, considering factors like the employee's skills, education, and job opportunities. The court found Dr. Boals' medical opinion, which assigned significant impairment and deemed Love unable to return to work, combined with consistent lay testimony from Love, her husband, and coworkers about her daily pain and inability to perform tasks, provided sufficient evidence to support the trial court's determination of 100% permanent disability to each arm, especially given Love's age and clerical background.

Permanent DisabilityWorkers' CompensationCarpal Tunnel SyndromeVocational DisabilityMedical ImpairmentLay TestimonyExpert Medical TestimonyAppellate ReviewSufficiency of EvidenceJob Duties
References
9
Case No. 2020 NY Slip Op 04217
Regular Panel Decision
Jul 23, 2020

Matter of Mayers v. Frito Lay

Cynthia Mayers, a warehouse worker, sustained a work-related back injury in September 2002 and was awarded workers' compensation benefits. Her employer, Frito Lay, and its workers' compensation carrier sought reimbursement from the Special Disability Fund, filing a C-250 form. The Workers' Compensation Board ultimately rejected the reimbursement claim, citing an inadequately completed C-250 form and the non-binding nature of a pretrial conference sheet due to lack of Board approval. The carrier appealed this decision. The Appellate Division affirmed the Board's decision, emphasizing strict adherence to prescribed forms for reimbursement claims and confirming that the pretrial conference sheet was not preclusive without Board approval.

Workers' Compensation LawSpecial Disability FundC-250 FormReimbursement ClaimPretrial ConferenceBoard ApprovalAppellate ReviewAdministrative ProcedureClaimant RightsEmployer Liability
References
5
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