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

Case No. STK 0175350
Regular
Jul 08, 2008

What Happened in Felix vs. Weber Metals Reconsideration?

This case involves applicant Francis Nzibo's claim for penalties against Kaiser Permanente for alleged unreasonable delay in providing cervical surgery. The Workers' Compensation Appeals Board is issuing a notice of intention to dismiss the petition for reconsideration as moot because there is no evidence presented as to whether the applicant has actually undergone the authorized surgery. If surgery was not performed, no compensation payment was delayed, rendering the penalty claim moot.

Moot petitionPetition for reconsiderationCervical surgeryUnreasonable delayMedical care provisionPenaltiesWCJ findingsLabor Code section 5814Authorization of surgeryFailure to present
References
0
Case No. ADJ8339009
Regular
Jan 08, 2016

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
0
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

This document concerns an appeal from a Workers’ Compensation Board decision, filed on June 27, 2005, which had awarded the claimant compensation for a period from December 28, 2001, to April 25, 2003. After the employer perfected this appeal, the Board subsequently filed an amended decision. This amended decision effectively rescinded its prior determination regarding the resumption of awards and returned the case to the trial calendar. The purpose of returning the case was to determine compensation awards subsequent to the claimant’s retirement. Consequently, the original appeal has been rendered moot by the Board's amended determination. Therefore, the appeal is dismissed without costs.

Workers' Compensation AppealAppeal DismissedMootness DoctrineAmended Board DecisionCompensation AwardsTrial Calendar RemandRescinded DeterminationAppellate Court RulingJudicial PrecedentProcedural Dismissal
References
2
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Plaintiff Joanna Goin sued Bass Pro Outdoor World, LLC, Bass Pro, Inc., Three Johns Company, and Track-mar Corporation in Tennessee state court for retaliatory discharge after asserting workers' compensation rights. Defendants removed the case to federal court, arguing that retaliatory discharge claims under Tennessee law are common law torts and thus removable under 28 U.S.C. § 1445(c). Plaintiff moved to remand, asserting that her claim requires the interpretation of Tennessee's workers' compensation statute, Tenn.Code Ann. § 50-6-114, especially concerning whether an employer's policy of reprisal or retaliatory acts other than discharge constitute a "device" under the statute, thus falling under the removal prohibition. The court, citing Harper v. AutoAlliance Int’l, Inc., determined that Goin's novel legal theories necessitate interpreting the state's workers' compensation law. Therefore, the Court granted Plaintiff's motion to remand and denied Defendants' motion to dismiss as moot, ruling that the action "arises under" the statute and should remain in state court.

Retaliatory dischargeWorkers' compensationMotion to remandFederal jurisdictionDiversity jurisdictionCommon law tortTennessee lawStatutory interpretationPublic policy exception28 U.S.C. § 1445(c)
References
11
Case No. 01-15-00583-CV
Regular Panel Decision
Sep 11, 2015

Can a WCJ Be Disqualified for Appearance of Bias?

This interlocutory appeal concerns a temporary injunction obtained by District Court Judge Lonnie Cox on behalf of Ms. Bonita Quiroga against County Judge Mark Henry of Galveston County. The injunction directed Judge Henry to reinstate Ms. Quiroga's employment as court administrator with a salary of $113,000. The core dispute is over the salary range for the court administrator position, with Judge Cox proposing $85,000-$120,000 and the Commissioners Court setting it at $57,705-$63,695 due to decreased responsibilities. The Appellant argues that new amendments to Section 75.401 of the Government Code, effective September 1, 2015, render the temporary injunction moot. The new statute grants exclusive power to the judges served to appoint the court administrator and to the Commissioners Court to set the salary range, nullifying the injunction's directives. Therefore, the Appellant requests the Court of Appeals to set aside the temporary injunction and dismiss the underlying injunction suit.

Interlocutory AppealTemporary InjunctionMootnessGovernment CodeCourt AdministratorSalary DisputeGalveston CountyCommissioners CourtAppellate ProcedureDismissal
References
3
Case No. MISSING
Regular Panel Decision
Feb 25, 2013

What Were the Key Rulings in Torrez vs. SuperShuttle?

The case concerns Plaintiff Larry W. Prewitt, Sr.'s employment discrimination and retaliation lawsuit against Defendant Continental Automotive. The court granted Defendant's motion for partial dismissal, ruling that claims stemming from Plaintiff's first two EEOC charges were time-barred. Plaintiff's claims for racial discrimination were dismissed without prejudice due to a lack of sufficient factual allegations. However, the court found Plaintiff's retaliation claims, related to filing EEOC charges, were adequately pleaded and allowed them to proceed. Defendant's motion for a more definite statement was denied as moot.

Employment DiscriminationRetaliation ClaimMotion to DismissMotion for More Definite StatementEEOC ChargesTime-Barred ClaimsPleading StandardsFederal Civil ProcedureTitle VIIAmericans with Disabilities Act
References
74
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

This case addresses the legal recognition of medical monitoring claims in Texas law. Plaintiffs, a group of individuals including radar operators and technicians, alleged negligent conduct by several defendant manufacturers of radar equipment due to inadequate shielding and failure to warn about radiation exposure. They sought class certification for medical monitoring for those not yet suffering from illness and for liability issues for those with existing injuries. Defendants moved to dismiss all medical monitoring claims, arguing they are not a recognized cause of action in Texas, and also sought to dismiss claims by the Bund Zur Unterstutzung based on associational standing. The Court granted the motion to dismiss all medical monitoring claims, concluding that Texas law does not recognize such an independent cause of action. Consequently, the Bund Zur Unterstutzung was dismissed as a party, rendering the motion regarding its standing moot.

Medical MonitoringClass ActionMotion to DismissRadiation ExposureRadar EquipmentTexas LawFederal Rule of Civil Procedure 12(b)(6)Federal Employer’s Liability Act (FELA)Personal InjuryNegligence
References
22
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Plaintiff was fired from Manhattan Woods Golf Club after taking a day off for his dying mother's emergency brain surgery. He sued for FMLA violation and breach of contract. A jury awarded him damages for both claims. Defendants subsequently moved for judgment as a matter of law, arguing the plaintiff failed to adduce evidence that he qualified for FMLA leave. The court granted the defendants' motion regarding the FMLA claim (Count I), finding insufficient evidence that the plaintiff was 'needed to care for' his mother as per FMLA regulations, and dismissed the claim. The motion for reduction of FMLA damages became moot. However, the court denied the defendants' motion for judgment as a matter of law on the breach of contract claim (Count II), upholding the jury's finding that the employer lacked 'reasonable cause' to terminate the plaintiff's employment.

FMLABreach of ContractJudgment as a Matter of LawEmployment LawEmployee TerminationFamily and Medical LeavePsychological CareDamagesPost-trial MotionsRule 50
References
8
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Plaintiffs filed a suit in state court against DuPont, a diverse defendant, and C. Frank Riddick, a non-diverse defendant and plant manager. DuPont removed the case to federal court, arguing that Riddick was fraudulently joined to defeat diversity jurisdiction, and thus the federal court had subject matter jurisdiction. Plaintiffs moved to remand the case back to state court. The court analyzed whether a claim for exemplary damages against Riddick was precluded by Texas law, particularly given the Workers' Compensation Act. The court found that DuPont failed to prove fraudulent joinder, concluding that a cause of action for gross negligence and attendant exemplary damages could be maintained against an employee in their individual capacity under the relevant Texas Workers’ Compensation Act savings clause. Consequently, the court granted Plaintiffs’ Motion to Remand, dismissing the other motions as moot.

Motion to RemandFraudulent JoinderDiversity JurisdictionWorkers' Compensation ActExemplary DamagesGross NegligenceTexas LawSubject Matter JurisdictionState CourtFederal Court
References
15
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

The case involves an appeal stemming from a Workers' Compensation Board decision, which affirmed a Workers' Compensation Law Judge's order for medical witness depositions. However, the Workers' Compensation Board later rescinded its own panel decision that was under appeal, thus rendering the ongoing appeal moot. The court found no applicable exception to the mootness doctrine, citing established precedent like *Matter of Hearst Corp. v Clyne*. Consequently, the appeal was dismissed without costs due to its moot status.

Workers' Compensation LawAppeal dismissalMootness doctrineMedical witness depositionsBoard panel decision rescissionJudicial discretionProcedural issueAppellate procedureLegal precedent
References
2
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