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

Case No. 07-02-0011-CV
Regular Panel Decision
May 19, 2003

Cresthaven Nursing Residence v. Freeman

This case involves an appeal in a health care liability claim where the appellees, daughters of Wanda Granger, sued Cresthaven Nursing Residence, Cantex Healthcare Centers, and its general partners for negligence that allegedly resulted in Granger's injury and death. A jury awarded $9 million, which was subject to a statutory damage cap. The appellate court initially found prejudgment interest was not subject to the cap and suggested remittiturs for excessive damages. However, on rehearing, the court modified its decision, aligning with a new Supreme Court ruling that prejudgment interest is included in the damage cap, and affirmed the judgment with an adjusted cap of $1,413,008.13. Key issues included the application of the damage cap, prejudgment interest calculation, spoliation instruction, and expert witness qualification.

Health Care LiabilityMedical MalpracticeNursing Home NegligenceWrongful DeathSurvival ActionDamage CapPrejudgment InterestSpoliation of EvidenceExpert Witness QualificationExcessive Damages
References
39
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court's judgment that reversed its determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The central legal question involved whether a 1993 Massachusetts conviction for "indecent assault and battery" was "substantially similar" to a reportable Texas sex offense. DPS contended the trial court erred by excluding a police report detailing the victim's allegations and in its "substantial similarity" finding. The appellate court affirmed the district court's judgment, concluding that the elements of the Massachusetts statute were not substantially similar to those of Texas sexual assault, indecency with a child, or related attempted offenses. Therefore, the anonymous resident was not required to register as a sex offender in Texas under SORA, rendering the evidentiary exclusion issue moot.

Sex Offender RegistrationSORASubstantial Similarity TestMassachusetts LawTexas LawCriminal ProcedureSexual AssaultIndecent Assault and BatteryAppellate ReviewStatutory Interpretation
References
19
Case No. M2011-00911-COA-R3-CV
Regular Panel Decision
Dec 09, 2011

Orlando Residence, LTD. v. Nashville Lodging Company, Nashville Residence Corp., and Kenneth E. Nelson

This appeal concerns the effective date of a judgment against Kenneth E. Nelson, which dictates whether the judgment has expired. The Appellant argued that the doctrines of equitable estoppel and law of the case should prevent the Plaintiff from asserting that the judgment was entered in 2004. The trial court determined that the judgment had not expired, holding its effective date to be October 7, 2004, following a remand that resolved a statute of limitations issue and vacated the original 2000 judgment. The Court of Appeals affirmed the trial court's decision, finding the issues justiciable and within the chancery court's jurisdiction, and rejected the arguments based on the law-of-the-case doctrine and equitable estoppel.

Judgment ExpirationStatute of LimitationsEquitable EstoppelLaw of the CaseFraudulent ConveyancePost-Judgment InterestSubject Matter JurisdictionDirect AppealAppellate ReviewDavidson County Chancery Court
References
34
Case No. W1999-01515-COA-R3-CV
Regular Panel Decision
Apr 11, 2000

Beverly Bledsoe v. Marion Bledsoe

The defendant, Marion Isaiah Bledsoe, appealed a trial court's judgment for criminal and civil contempt for failing to pay court-ordered child support to the plaintiff, Beverly Joyce Bledsoe. The Court of Appeals of Tennessee at Jackson vacated the criminal contempt finding, ruling that the father was denied his right to a jury trial as mandated by Tennessee law. Additionally, the unconditional incarceration for civil contempt was vacated, as it was deemed an improper punishment for civil rather than criminal contempt. The court affirmed the trial court's judgment in all other aspects, including the finding that the father had the means to pay child support and exhibited disregard for his obligations. The case was remanded for further proceedings consistent with the appellate court's opinion.

Child SupportContempt of CourtParental ObligationsDue ProcessJury Trial RightsAppellate ReviewCivil ContemptCriminal ContemptChild Support ArrearageJudicial Discretion
References
22
Case No. 2015-06-0287 / 33804-2015
Regular Panel Decision
Sep 04, 2015

Lallo, Ralph v Marion Environmental, Inc.

Ralph Joseph Lallo, an environmental technician, reported right arm pain after pulling carpet and later an aggravation while assisting his supervisor. He was subsequently terminated. Lallo sought medical and temporary disability benefits, but his employer, Marion Environmental, Inc., delayed authorization for medical care. The trial court ordered medical benefits but denied temporary disability. On appeal, the Workers' Compensation Appeals Board affirmed the trial court's interlocutory order regarding both medical and temporary disability benefits, remanding the case for further proceedings.

Workers' Compensation AppealsMedical BenefitsTemporary Disability BenefitsInterlocutory OrderWork-Related InjuryEmployer LiabilityNotice of InjuryJudicial ReviewTrial Court AffirmationCase Remand
References
1
Case No. 07-05-0267-CV
Regular Panel Decision
May 08, 2007

Marion D. Cruse v. Texas Department of Transportation

Marion D. Cruse appealed a summary judgment granted in favor of the Texas Department of Transportation (TxDOT) regarding his claim for workers’ compensation Supplemental Income Benefits (SIBs). Cruse, who suffered a work-related ankle amputation, had his eligibility for SIBs disputed by TxDOT. A Texas Workers' Compensation Commission (TWCC) hearing officer found TxDOT waived its right to contest due to an untimely dispute filing for multiple quarters, a decision affirmed by the Appeals Panel. TxDOT then sought de novo judicial review, and the trial court granted summary judgment, finding no waiver. The Court of Appeals affirmed the trial court's decision, concluding that TxDOT's timely request for a Benefit Review Conference was sufficient under Labor Code § 408.147(b) to avoid waiver, even without expressly identifying all disputed quarters in the request.

Workers' CompensationSupplemental Income BenefitsWaiverSummary JudgmentAppellate ReviewTexas Labor CodeBenefit Review ConferenceTimely DisputeStatutory InterpretationAdministrative Law
References
6
Case No. 2018 NY Slip Op 08980
Regular Panel Decision
Dec 27, 2018

Matter of Ricci v. Maria Regina Residence

This case involves an appeal by the Special Disability Fund from a Workers' Compensation Board decision. The Board had ruled that the workers' compensation carrier for Maria Regina Residence was entitled to reimbursement from the Special Disability Fund for a claim related to Cyndia Ricci's work-related knee injury, asserting Ricci had pre-existing heart and arthritis conditions. The Appellate Division, Third Department, found that the record lacked substantial evidence to support the Board's finding that Ricci's preexisting conditions hindered her employment potential. The court concluded that the medical opinion relied upon was based on generalities and speculation, and that conditions controlled by medication do not, without more, constitute a hindrance to employability. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings.

Workers' CompensationSpecial Disability FundReimbursement ClaimPreexisting ImpairmentEmployabilityMaterially and Substantially Greater DisabilityMedical OpinionOrthopedic SurgeonAppellate ReviewSubstantial Evidence
References
11
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court judgment that reversed DPS's determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The appellee had been convicted in Massachusetts in 1993 for "indecent assault and battery on a person over fourteen years of age." DPS contended that the elements of the Massachusetts offense were "substantially similar" to Texas's sexual assault or indecency with a child, thus mandating registration. The appellate court affirmed the district court's decision, concluding that the elements of the Massachusetts crime are not "substantially similar" to the Texas offenses, citing significant differences in the nature of sexual conduct, protected interests, seriousness, and potential punishments. The court also addressed the exclusion of a police report by the trial court.

Sex Offender Registration Act (SORA)Substantially Similar ElementsMassachusetts LawTexas Penal CodeSexual AssaultIndecent Assault and BatteryCriminal AttemptStatutory InterpretationAppellate ReviewTrial Court Judgment
References
20
Case No. 02-11-00431-CV
Regular Panel Decision
Oct 04, 2012

MBR & Associates, Inc. and Marion Brian Ramon v. William S. Lile

This Texas Court of Appeals case affirms a trial court's judgment against MBR & Associates, Inc. and Marion Brian Ramon for fraudulent and negligent foundation repair work. William S. Lile hired the appellants based on false representations regarding skilled staff and liability insurance. The negligent "mudjacking" procedure severely damaged Lile's home, rendering it uninhabitable and causing him significant physical and emotional distress. The appellate court upheld the trial court's awards for repair costs, temporary housing, mitigation expenses, and mental anguish damages, finding sufficient evidence to support findings of alter ego liability for Ramon and knowing violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA). The court also confirmed the calculation of prejudgment interest and rejected claims of responsibility by third parties for the specific damages.

Foundation RepairNegligenceFraudDeceptive Trade Practices Act (DTPA)Alter Ego DoctrineVicarious LiabilityMental Anguish DamagesReal Property DamageCost of Repair DamagesPrejudgment Interest
References
59
Case No. MISSING
Regular Panel Decision

Informal Opinion No.

The opinion addresses whether Rockland County can mandate that 50% of public works project hires be county residents. It analyzes various constitutional clauses, finding the Commerce Clause not an impediment due to the 'market participant' doctrine and congressional authorization for federal funds. It distinguishes a local law from a state law concerning the Privileges and Immunities Clause, suggesting a local law targeting non-county residents (including other state residents) might be valid. The opinion also examines the Equal Protection Clause and bona fide residency requirements, concluding they generally pass the rational basis test. However, it cautions that such a local law must not violate General Municipal Law § 103 competitive bidding requirements, which would be a factual determination on a case-by-case basis.

Public Works ProjectsResident Hiring RequirementsLocal Law AuthorizationCommerce ClausePrivileges and Immunities ClauseEqual Protection ClauseCompetitive BiddingGeneral Municipal LawHome Rule LawMarket Participant Doctrine
References
17
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