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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

International Union of Electrical & Machine Workers v. General Electric Co.

This case involves a dispute between the International Union of Electrical Radio and Machine Workers (Union) and General Electric Company (Company), and Metropolitan Life Insurance Company, concerning a 1966 Pension and Insurance Agreement and its incorporated Insurance Plan. The Union alleged the Company wrongfully rejected sickness and accident claims filed during a strike and, alternatively, sought reimbursement for employee contributions for coverage not provided during the strike. The central issue was the interpretation of clauses governing sickness and accident benefits during voluntary strike absences. The Court found that the Company properly rejected claims for benefits arising more than 31 days into the strike, dismissing the Union's first claim. However, the Court ruled that employees are entitled to reimbursement for the portion of their contributions related to sickness and accident coverage not afforded during the strike, and ordered an assessment of damages if parties cannot agree on the amount.

labour lawcollective bargaining agreementinsurance plansickness and accident benefitsstrikeemployee contributionscontract interpretationunjust enrichmentdamagesfederal court
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between American Machine & Foundry Co. & Fay

The case involves three motions: the employer, American Machine & Foundry Company, seeks to stay arbitration initiated by Amalgamated Machine, Instrument & Metal Local 475 (union local); the union local seeks to compel arbitration; and William S. Abernathy, claiming to be chairman of the shop committee, seeks to intervene in support of the employer. The employer is caught between two factions of the union, each claiming authority over the grievance committee. The court grants Abernathy's motion to intervene, finding it a proper case under the Civil Practice Act. The court determines that the central issue of which committee has the authority to administer the collective bargaining agreement's grievance provisions is a triable issue of fact that cannot be decided on affidavits. Therefore, a jury trial is ordered for an early date in January 1949 to determine this authority, and all arbitration proceedings are stayed until then.

arbitration disputelabor lawcollective bargaininggrievance procedureunion representationintra-union conflictcourt interventionstay proceedingsjury trialprocedural law
References
7
Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision

Cardella v. Henke Machine, Inc.

The case involves an appeal from a Supreme Court judgment regarding damages awarded to Francis Cardella, Jr. and his wife following a work-related injury in 1987. Plaintiff was struck in the head by a wood chipping machine, leading to various physical and psychological complaints. A jury found the defendant manufacturer liable, and the Supreme Court subsequently awarded substantial damages. On appeal, the court found insufficient proof of causal relation between the accident and many of plaintiff's complaints, such as back pain and fibromyalgia. Consequently, the appellate court significantly reduced the awards for past and future pain and suffering, as well as lost income and benefits, and disallowed all medical expenses. The awards for the plaintiff's wife's derivative claim for loss of consortium were affirmed. The judgment was modified and affirmed as modified.

Personal InjuryWorkers' CompensationDamagesAppellate ReviewMedical CausationHead TraumaPost-concussion SyndromeEmotional DistressLost WagesPain and Suffering
References
12
Case No. MISSING
Regular Panel Decision

Home Life & Accident Co. v. Wade

This case involves an appeal by the Home Life & Accident Company from an award of the Industrial Accident Board in favor of C. Wade. Wade, an an employee of A. C. MacParlane, sustained injuries while loading steel cranes onto a barge in the navigable Sabine River. The central legal question was whether Wade's maritime injury fell under the Texas Workmen’s Compensation Law or the exclusive admiralty jurisdiction of federal courts. The trial court initially awarded compensation to Wade under state law. However, the appellate court, citing various U.S. Supreme Court precedents and an Attorney General's opinion, concluded that maritime injuries are subject to federal admiralty law, thus precluding state workers' compensation jurisdiction. Consequently, the trial court's judgment was reversed, and the appellate court ruled in favor of the Home Life & Accident Company.

Admiralty lawMaritime jurisdictionWorkers' compensationFederal preemptionState lawInjury at workNavigable watersLongshoremanSabine RiverEmployer liability
References
5
Case No. E2001-00258-COA-R3-CV
Regular Panel Decision
Nov 29, 2001

George Tipton v. Axis Fabrication & Machine Co.

This personal injury case involves George Michael Tipton, who was injured by a metal cutting machine operated by Jeff Thomas at Axis Fabrication & Machine Company. The trial court granted a directed verdict for the defendants, citing a failure to prove lack of reasonable care. The plaintiffs appealed, arguing the defendants breached their duty of care by not warning Tipton of potential dangers and failing to replace a machine guard. The appellate court vacated the trial court's judgment, finding sufficient evidence for a jury to consider the defendants' negligence. The case was remanded for further proceedings.

personal injurypremises liabilitydirected verdictnegligenceduty of careforeseeabilityworkplace injurymachine operationwarning signsvicarious liability
References
7
Case No. MISSING
Regular Panel Decision

O'Keefe v. General Accident Insurance

Plaintiff Violet O'Keefe initiated an action against General Accident Insurance Company, alleging disparate treatment and retaliation based on age and sex, violating Title VII, ADEA, and New York Human Rights Law. O'Keefe claimed a discriminatory work environment and unlawful termination following her refusal of a proposed job transfer. The defendant argued O'Keefe's performance was poor and the transfer was a lateral move. The District Court denied the defendant's motion for summary judgment regarding the federal discrimination and retaliation claims, finding a genuine issue of material fact existed as to whether General Accident's reasons for termination were pretextual. However, the Court granted summary judgment for the defendant on the state law claims, declining to exercise pendent jurisdiction.

DiscriminationAge DiscriminationSex DiscriminationTitle VIIADEARetaliationSummary JudgmentEmployment LawPretextPrima Facie Case
References
19
Case No. 13-21-00361-CV
Regular Panel Decision
Oct 12, 2023

Accident Fund General Insurance Company v. Rodrigo Mendiola

Rodrigo Mendiola, a truck driver, suffered severe burns in an accident, leading to an above-the-knee amputation and significant injury to his left hand. His employer's workers' compensation insurer, Accident Fund General Insurance Company, disputed his claim for lifetime income benefits based on the total loss of use of his left hand. The trial court, applying the Travelers Insurance Co. v. Seabolt standard, found sufficient evidence that Mendiola's hand lacked substantial utility, entitling him to benefits. The Court of Appeals affirmed the trial court's judgment, upholding the application of the Seabolt standard and concluding the evidence factually supported the finding of total loss of use.

Workers' CompensationLifetime Income BenefitsTotal Loss of UseBurn InjuriesHand InjuryAmputationMedical EvidenceFactual SufficiencyAppellate ReviewStare Decisis
References
29
Case No. W2008-01771-COA-R3-CV
Regular Panel Decision
Jan 26, 2011

Shelby County Health Care Corporation, d/b/a Regional Medical Center v. John Baumgartner, Elizabeth Baumgartner, a/k/a Daray Baumgartner, Nationwide Mutual Insurance Company, and Hartford Accident and Indemnity

This appeal concerns the impairment of a hospital lien by Shelby County Health Care Corporation (The MED) against John Baumgartner and his insurance providers, Nationwide Mutual Insurance Company and Hartford Accident and Indemnity. Mr. Baumgartner received extensive medical treatment at The MED following an automobile accident, incurring over $500,000 in expenses, for which The MED filed a hospital lien. Subsequently, Nationwide and Hartford settled with the Baumgartners, paying out policy limits of $25,000 and $100,000 respectively, without remitting any funds to The MED. The trial court initially granted partial summary judgment, finding impairment of the lien and awarding damages. On appeal, the Court of Appeals affirmed the finding of lien impairment but reversed the damage awards, concluding that The MED's recovery is limited to one-third of the amounts the insurers paid to the Baumgartners, and remanded the case for further proceedings consistent with this interpretation.

Hospital Lien ActInsurance LawAutomobile AccidentSubrogationMade-Whole DoctrineStatutory InterpretationDamages for ImpairmentConstructive NoticeMedical ExpensesSettlement Agreements
References
33
Case No. MISSING
Regular Panel Decision

Valentin v. C.G. Bretting, Mfg., Co.

Manuel Valentin, a mechanic, was injured at work while adjusting a machine manufactured by C.G. Bretting, Mfg., Co., Inc. The accident occurred when a co-worker turned on the machine while Valentin was making repairs with a safety guard removed. Valentin sued Bretting for negligence and strict product liability (design defect, failure to warn). The Supreme Court initially granted summary judgment to Bretting. The appellate court reversed the summary judgment, finding issues of fact regarding the machine's safety, foreseeability of the accident, and Bretting's duty to warn. Additionally, an appeal from a later motion for reargument was dismissed as non-appealable.

Personal InjuryNegligenceProduct LiabilityDesign DefectFailure to WarnSummary JudgmentAppealReversalReinstatement of ComplaintMaterial Modification Defense
References
8
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