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Case Law Database

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

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. ADJ8949346, ADJ10021120
Regular
Aug 16, 2016

ANTHONY BERNARD EDWARDS (DEC) vs. CITY OF LOS ANGELES, LOS ANGELES WORLD AIRPORTS

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration in the case of Anthony Bernard Edwards, deceased, versus the City of Los Angeles and Los Angeles World Airports. This decision allows for further review of the factual and legal issues to ensure a just and reasoned outcome. All future communications regarding the petition must be filed directly with the WCAB Commissioners in San Francisco, not with the district office or through the Electronic Adjudication Management System. The order specifies that trial-level documents unrelated to the reconsideration petition should continue to be e-filed normally.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTING RECONSIDERATIONCITY OF LOS ANGELESLOS ANGELES WORLD AIRPORTSVAN NUYS DISTRICT OFFICEDECISION AFTER RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
0
Case No. MISSING
Regular Panel Decision

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. ADJ9258192 (Van Nuys District Office) ADJ1460512 (NOR 0187897) (Los Angeles District Office) ADJ3082172 (MON 0248019) (Marina del Rey District Office)
Regular
Jul 10, 2015

THOMAS SENCZAKIEWICZ vs. BOEING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

In this workers' compensation case, the Applicant Thomas Senczakiewicz sought reconsideration of a decision. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow further study of the factual and legal issues involved. This means the previous decision is vacated, and the WCAB will review the case further to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB's Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level DocumentsProposed Settlement
References
0
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. ADJ7572282
Regular
Nov 20, 2013

IRENE LOZANO vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed the Los Angeles Unified School District's petition for reconsideration because it was not filed from a "final" order. The Board also denied the petition for removal, adopting the WCJ's recommendation that there was no substantial prejudice or irreparable harm. The underlying order vacated submission to allow for further development of the record concerning the applicant's cumulative trauma claim. The Board cautioned the School District for filing an improper petition.

WCABPetition for ReconsiderationPetition for Removalfinal ordersubstantive rightinterlocutory orderprocedural decisionevidentiary decisionvacate submissiondevelop the record
References
7
Case No. ADJ1186395 (MON 0254521) ADJ1992738 (MON 0256181)
Regular
Jun 29, 2009

Lavon Leach vs. Los Angeles Unified School District, Adjusted by SEDGWICK CLAIMS MANAGEMENT

This case concerns penalties assessed against Los Angeles Unified School District for delayed or incorrect workers' compensation payments to Lavon Leach. The WCJ found the District liable for penalties under Labor Code sections 5814 and 4650(d) for various payment delays, including permanent disability, interest, and attorney fees. Both parties sought reconsideration; the applicant argued penalties should apply to the full award amounts, not just delayed portions, while the defendant contested liability for penalties and certain payment increases. The Appeals Board affirmed the WCJ's Supplemental Findings and Award, adopting the judge's reasoning and finding that claims not raised at trial could not be litigated.

Labor Code section 5814Labor Code section 4650(d)permanent disabilitypenaltiesinterestattorney's feesdelayed paymentsreconsiderationSupplemental Findings and AwardWCJ
References
0
Case No. ADJ7277179
Regular
Mar 08, 2013

DANIEL GARCIA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a Petition for Removal filed by Daniel Garcia against the Los Angeles Unified School District. The petitioner, Garcia, has voluntarily withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has dismissed the petition as requested.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardApplicantDefendantSelf-InsuredCase NumberOpinion and OrderDecision Date
References
0
Case No. ADJ7491692; ADJ7491686 ADJ7491689
Regular
May 07, 2012

KIM TOWNSEND vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to allow the Los Angeles Unified School District to complete discovery. The Board agreed with the WCJ's recommendation to vacate the trial date of May 10, 2012. Consequently, the matters will remain off calendar until further discovery is concluded.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeDiscoveryVacated Trial DateOff CalendarDefendant's PetitionApplicantLos Angeles Unified School DistrictCase Numbers
References
0
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