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

Case No. 03-15-00064-CV
Regular Panel Decision
Jan 22, 2015

Elite Auto Body LLC, D/B/A Precision Auto Body Rey R. Hernandez Yesica Diaz And David Damian v. Autocraft Body Works, Inc., Now Known as Wasson Road Ventures, Inc. D/B/A Autocraft Bodywerks

The Appellants, Elite Auto Body LLC, Rey R. Hernandez, Yesica Diaz, and David Damian, are appealing a trial court's order that denied their Motion to Dismiss. This motion was filed under the Texas Citizens Participation Act (TCPA) against claims of trade secret misappropriation, unfair competition, and breach of fiduciary duty brought by Appellee Autocraft Bodywerks, Inc. Appellants contend that the trial court erred by narrowly construing the TCPA, failing to recognize that their communications regarding business practices and employee recruitment are protected under rights of association and free speech. They also argue that Autocraft failed to provide sufficient 'clear and specific evidence' to establish a prima facie case for its claims, which is a requirement under the TCPA. Consequently, Appellants are seeking a reversal of the trial court's order, dismissal of Autocraft's claims, and an award for their attorneys' fees and expenses.

Texas Civil Practice and Remedies CodeTexas Citizens Participation ActAnti-SLAPPTrade Secret MisappropriationUnfair CompetitionFiduciary DutyFreedom of AssociationFreedom of SpeechAppellate ProcedureMotion to Dismiss
References
42
Case No. W2003-00825-SC-WCM-CV
Regular Panel Decision
Nov 30, 2004

David Stupp v. Phillips Auto Body, LLC and First American Insurance Company

This workers' compensation appeal concerns David Stupp, who sustained a neck injury while employed at Phillips Auto Body, LLC. The trial court initially awarded a 25% vocational impairment, but both parties appealed. The defendant challenged the findings regarding permanent injury and the necessity of surgery, while the plaintiff sought a higher disability award. The Special Workers' Compensation Appeals Panel affirmed the trial court's decision regarding medical expenses for unauthorized treatment by Dr. Segal and found ample evidence for permanent injury. Ultimately, the panel modified the judgment to award a 45% vocational disability to the body as a whole, concluding that the evidence preponderated in favor of an increased assessment.

Vocational DisabilityPermanent InjuryMedical CausationDisk LesionSpinal SurgeryEmployer LiabilityMedical ExpensesAppellate ReviewCredibility of EvidenceAMA Guides
References
17
Case No. 2019 NY Slip Op 00333 [168 AD3d 1240]
Regular Panel Decision
Jan 17, 2019

Matter of Vazquez v. Skuffy Auto Body Shop

Luis Vazquez, an auto body technician, sustained a work-related back injury in 2013 and received workers' compensation benefits. His benefits were suspended in November 2015, and upon his application for reinstatement, the carrier alleged a violation of Workers' Compensation Law § 114-a due to undisclosed work for a landscaping business. Initially, a Workers' Compensation Law Judge found no violation, but the Workers' Compensation Board reversed this decision, determining that Vazquez knowingly made material misrepresentations about his return to work and was subject to mandatory disqualification of benefits from April 25, 2016, to December 28, 2016, and future indemnity benefits after December 29, 2016. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the Board's determination that Vazquez violated Workers' Compensation Law § 114-a by making false representations and omissions regarding his work activity to obtain benefits. The court also found no abuse of discretion in the Board's imposition of a penalty disqualifying him from future indemnity benefits, citing a pattern of deceit.

Workers' Compensation Law § 114-aFraudulent MisrepresentationDisqualification of BenefitsUndisclosed Work ActivityCredibility AssessmentSubstantial EvidenceAppellate ReviewWorkers' Compensation BoardIndemnity BenefitsLandscaping Business
References
5
Case No. MISSING
Regular Panel Decision
Apr 27, 2012

China Auto Care, LLC v. China Auto Care (Caymans)

Plaintiffs China Auto Care, LLC and China Auto Care Holdings, LLC brought an action against China Auto Care (Caymans), Digisec Corporation, and the estate of Chander Oberoi, alleging various causes of action stemming from the 2011 sale of Digisec's assets. Defendants sought to dismiss the complaint and compel arbitration, citing an arbitration clause in the parties' "Business Relationship and Shareholder Agreement." The court analyzed the scope of the arbitration clause under the Federal Arbitration Act. Finding the clause to be broad, the court concluded that the plaintiffs' claims were within its scope, as they "touch matters" governed by the Shareholder Agreement. Consequently, the court granted the defendants' motion, staying the litigation and compelling arbitration.

ArbitrationShareholder AgreementCorporate DisputeMotion to CompelFederal Arbitration ActSecond Circuit PrecedentFraudulent InducementCorporate GovernanceCayman Islands LawStay of Proceedings
References
25
Case No. 13-06-237-CV
Regular Panel Decision
Feb 01, 2007

in the Interest of V.A., V.A., and V.A., Minor Children

The Thirteenth District Court of Texas, Corpus Christi-Edinburg, affirmed the termination of a biological mother's parental rights to her three minor daughters, V.A.1, V.A.2, and V.A.3. The Texas Department of Protective and Regulatory Services (the Department) initially sued the mother, alleging conditions endangering the children and the mother's failure to comply with court-ordered actions for family reunification under sections of the Texas Family Code. A jury found statutory grounds for termination and that it was in the children's best interest. The mother appealed, challenging the factual sufficiency of the evidence for termination and the trial court's admission of alleged 'backdoor hearsay' testimony regarding drug use. The appellate court found sufficient evidence to support the jury's verdict that the mother failed to comply with the court-ordered service plan and that termination was in the children's best interest. The court also concluded there was no reversible error in the admission of the challenged testimony, as it was consistent with other admitted evidence.

Parental Rights TerminationChild WelfareTexas Family CodeFactual SufficiencyHearsay EvidenceAppellate ReviewBest Interest of the ChildChild Abuse AllegationsUnstable Home EnvironmentSubstance Abuse
References
18
Case No. 2013-2706 Q C
Regular Panel Decision
Sep 19, 2016

NYS Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

This case, NYS Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., concerned an appeal from an order of the Civil Court of the City of New York, Queens County. The plaintiff, NYS Acupuncture, P.C., sought assigned first-party no-fault benefits from State Farm, which had moved for summary judgment arguing full payment according to the workers' compensation fee schedule. The Civil Court initially granted State Farm's motion. On appeal, NYS Acupuncture, P.C. contended that the fee schedule reductions were improper. The Appellate Term, Second Department, affirmed the prior ruling, finding that State Farm adequately demonstrated it had fully compensated the plaintiff for acupuncture services based on the applicable workers' compensation fee schedule for services performed by chiropractors, referencing Great Wall Acupuncture, P.C. v Geico Ins. Co.

Workers' Compensation Fee ScheduleNo-Fault BenefitsAcupuncture ServicesChiropractorsSummary JudgmentAppellate ReviewInsurance DisputeFee Schedule ReductionAssigned BenefitsMedical Billing
References
1
Case No. MISSING
Regular Panel Decision

Denco CS Corporation v. Body Bar, LLC

Body Bar, LLC sued Denco CS Corporation after Denco filed mechanic's liens on property leased by Body Bar, leading the new property owner, Bre Throne Preston Park, LLC, to withhold a $25,000 tenant improvement reimbursement. Body Bar sought declaratory relief, alleging breach of contract and tortious interference, and Denco counterclaimed for breach of contract, quantum meruit, and unjust enrichment. The trial court initially ruled in favor of Body Bar, invalidating the liens and finding Denco liable for breach of contract and tortious interference, awarding damages and attorney fees. On appeal, the court affirmed the invalidity of Denco's liens and the dismissal of Denco's claims but reversed the findings of Body Bar's breach of contract and tortious interference claims, and the $25,000 damage award, remanding these issues for further proceedings due to insufficient evidence of damages.

Contract disputeMechanic's lienStatutory lienConstitutional lienTortious interferenceBreach of contractQuantum meruitUnjust enrichmentSummary judgmentReal property
References
37
Case No. MISSING
Regular Panel Decision

Garcia v. Pepe

Raul Garcia, an automobile mechanic, suffered severe burns in 1997 while moving a gasoline tank, igniting flammable fumes. He sued his employer, P.N.P. Auto Body, Inc. (PNP), and landlords Peter Pepe, Jr., and Laurie Pepé. The Supreme Court initially denied the defendants' motions for summary judgment and PNP's motion to vacate a default judgment. On appeal, the court dismissed a portion of the Pepes' appeal as premature. The appellate court reversed the orders against the Pepes and PNP, granting their motions for summary judgment and vacating the default judgment against PNP. The court found that the plaintiff's claims were barred by workers' compensation exclusivity, leading to the dismissal of the complaint against all appealing defendants.

Personal InjurySummary JudgmentWorkers' Compensation ExclusivityDefault JudgmentVacate JudgmentAppellate ReviewPremises LiabilityEmployer LiabilityLandlord LiabilityProximate Cause
References
11
Case No. MISSING
Regular Panel Decision

Mordkofsky v. V.C.V. Development Corp.

Plaintiff Norman J. Mordkofsky, a contract-vendee, sustained injuries when a deck at his custom-built home construction site collapsed. He sued defendant V.C.V. Development Corp., alleging negligence and violations of Labor Law §§ 200 and 241. While the Supreme Court dismissed the Labor Law claim, the Appellate Division reinstated it, broadening the protection of these statutes to anyone lawfully frequenting a construction site. However, the higher court reversed the Appellate Division's decision, clarifying that Labor Law §§ 200 and 241 are primarily intended to protect employees and workers, not contract-vendees or the general public. The court concluded that Mordkofsky did not fall within the protected class as he was neither an employee nor hired to work at the site.

Labor Law §§ 200 and 241Construction Site InjuryContract-VendeeEmployee ProtectionStatutory InterpretationScope of Labor LawAppellate ReviewSafe Place to WorkWorkers' RightsPersonal Injury
References
14
Case No. 2017-913 K C
Regular Panel Decision
Aug 02, 2019

Oriental Health Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

This case concerns an appeal initiated by Oriental Health Acupuncture, P.C., acting as the assignee of Carrington, Earnel, against State Farm Mutual Automobile Ins. Co. The appeal originated from an order by the Civil Court of the City of New York, Kings County, which had granted State Farm's motion for summary judgment and dismissed the plaintiff's complaint seeking first-party no-fault benefits. The Civil Court's decision was predicated on the finding that the amounts claimed by the plaintiff exceeded the limits established by the workers' compensation fee schedule. The Appellate Term, Second Department, affirmed the lower court's order. This decision was made in conjunction with a related case, BQE Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., decided concurrently.

No-fault benefitsSummary judgmentAppellate reviewWorkers' compensation fee scheduleAutomobile insuranceFirst-party benefitsMedical provider claimAssigned benefitsCivil Court appealAppellate Term decision
References
1
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