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

Case No. 02-10-00438-CV
Regular Panel Decision
Jan 05, 2012

Gerardo DeLeon v. Thos. S. Byrne, Ltd., F/K/A Thos. S. Byrne, Inc. and Unique Staff Leasing I, Ltd., D/B/A Unique Staffing

Appellant Gerardo DeLeon suffered a crushed foot while working on a construction site and sued the general contractor, Thos. S. Byrne, Ltd., and the staff leasing company, Unique Staff Leasing I, Ltd., for negligence. The trial court initially granted summary judgment for both defendants. On appeal, the Court of Appeals for the Second District of Texas affirmed the summary judgment for Byrne regarding negligent hiring, but reversed it on the negligence claim, finding that Byrne retained sufficient contractual control over the subcontractor's work to establish a duty of care. For Unique, the court reversed the summary judgment, concluding that a genuine issue of material fact existed regarding the employment status of Gray, another worker, with Unique. The case was therefore remanded to the trial court for further proceedings consistent with the opinion.

Personal InjurySummary JudgmentNegligenceContractual ControlIndependent ContractorStaff LeasingEmployment LawDuty of CareConstruction AccidentBoom Lift
References
40
Case No. 2018 NY Slip Op 08400 [167 AD3d 1128]
Regular Panel Decision
Dec 06, 2018

Matter of Byrnes v. New Is. Hosp.

Claimant Jenmarie Byrnes suffered work-related injuries to her back, right shoulder, and left hip in 2000, receiving workers' compensation benefits. Her claim was later amended to include consequential injuries. In 2016, the employer and its carrier challenged the medical necessity of her continued, long-term use of the prescription medication Amrix, citing recommendations for short-term use. Claimant's treating physician testified that Amrix, in conjunction with other therapies, had positively impacted her ability to perform daily activities and continue working. A Workers' Compensation Law Judge and subsequently the Workers' Compensation Board affirmed the medical necessity. The Appellate Division affirmed the Board's decision, finding it was supported by substantial evidence, as the Board was empowered to resolve conflicting medical evidence.

Workers' CompensationMedical NecessityPrescription Drug UseAmrixConflicting Medical EvidenceTreating Physician OpinionEmployer ChallengeAppellate ReviewBoard DecisionMuscle Relaxant
References
4
Case No. ADJ137248
Regular
Aug 25, 2010

GARY BYRNES vs. KAR INVESTMENT, INC., dba RIGOLI, FIRE EXTINGUISHER; SIMPLEX, GRINNELL, dba RIGOLI FIRE, EXTINGUISHER; KURT REXIUS

The applicant, Gary Byrnes, sought reconsideration of a decision denying his claim for workers' compensation discrimination under Labor Code section 132a. The administrative law judge found that while Byrnes sustained an industrial back injury, he failed to prove discrimination related to a denied $1,000 reimbursement. The Board denied reconsideration, agreeing that Byrnes failed to establish a prima facie case of discrimination by showing he was singled out for disadvantageous treatment due to his industrial injury. The Board found no evidence that the denial of the reimbursement was causally linked to the industrial injury or that other employees were treated differently.

Labor Code section 132aindustrial injurydiscriminationprima facie casedisparate treatment$1000 insurance reimbursementburden of proofbusiness realitiesreinstatement
References
9
Case No. MISSING
Regular Panel Decision

Jackler v. Byrne

Plaintiff Jason Jackler brought an action against Police Chief Matthew T. Byrne, Lt. Patrick Freeman, and Lt. Paul Rickard of the City of Middletown Police Department, alleging violations of his First, Fourth, Fifth, and Fourteenth Amendment rights and rights under the New York State Constitution. Jackler, a probationary police officer, claimed he was dismissed in retaliation for refusing to alter a supplemental report that corroborated a civilian complaint of excessive force against another officer, Sgt. Metakes. The court addressed Defendants' Motion for Judgment on the Pleadings, dismissing Jackler's First Amendment retaliation claim on the grounds that his speech was made in his capacity as an employee, not a citizen. Consequently, his Section 1983 conspiracy claim also failed due to the lack of an underlying constitutional injury. Furthermore, his substantive due process claim was rejected because, as a probationary employee under New York State law, he had no protectable property interest in his employment. The Defendants' motion was granted, and the complaint was dismissed in its entirety.

First Amendment RetaliationPublic Employee RightsWhistleblower ProtectionSection 1983 ClaimsDue Process ViolationsProbationary EmploymentPolice Department LiabilityOfficial DutiesFreedom of SpeechMotion for Judgment on the Pleadings
References
24
Case No. MISSING
Regular Panel Decision

Hageman/Fritz, Byrne, Head & Harrison, L.L.P. v. Luth

This case originated from a dispute between former business partners, Robert Hageman and Thomas Luth, following a settlement agreement. Luth and his law firm, Fritz, Byrne & Head, L.L.P. (FBH), sued Hageman after Hageman acquired an old judgment against Luth and used it to seize settlement funds. The district court ruled in favor of Luth and FBH, finding the old judgment extinguished and Hageman's actions wrongful, and awarded attorney's fees. On appeal, the court affirmed that the assignment of the old Turner judgment to Hageman extinguished it, preventing its use for seizure. However, the appellate court reversed the award of attorney's fees to Luth and FBH, concluding they were not legally justified under the declaratory judgments act or chapter 38 of the civil practices and remedies code. The court also affirmed the transfer of venue to Williamson County.

Bankruptcy DischargeJudgment ExtinguishmentJoint and Several LiabilityAttorney's FeesDeclaratory Judgment ActTortfeasorsVenue TransferWrit of ExecutionConversionCivil Practice and Remedies Code
References
44
Case No. MISSING
Regular Panel Decision

Linden-Alimak, Inc. v. McDonald

Linden-Alimak, Inc., an equipment company, leased a construction crane to Thomas S. Byrne, Inc. An employee of Linden-Alimak, Dan Whitcomb, supervised the crane's erection. During this process, a load cable fell, injuring Virgil McDonald, an employee of Byrne. McDonald sued Linden-Alimak for negligence. Linden-Alimak filed a third-party action against Byrne based on an indemnity agreement. The court addresses Linden-Alimak's appeal, asserting various points of error related to the jury charge and sufficiency of evidence. The court overrules all points, including those regarding the "borrowed servant" doctrine, jury instructions, and the indemnity clause, finding the latter unenforceable under the "express negligence" rule. The trial court's judgment is affirmed.

NegligenceAppellate ReviewJury InstructionsSufficiency of EvidenceBorrowed Servant DoctrineAffirmative DefenseInferential Rebuttal DefenseIndemnity ClauseExpress Negligence RuleContract Law
References
12
Case No. 03-03-00081-CV
Regular Panel Decision
Jun 24, 2004

Robert Hageman/Fritz, Byrne, Head & Harrison, L.L.P. v. Thomas Luth And Fritz, Byrne, Head & Harrison, L.L.P./Robert Hageman

The Texas Court of Appeals addressed a complex dispute stemming from a settlement agreement between former business partners Robert Hageman and Thomas Luth. Hageman, whose liability on a previous "Turner judgment" was discharged in bankruptcy, later acquired an assignment of this same judgment. He then used this judgment to seize settlement funds due to Luth. The appellate court affirmed the trial court's decision that Hageman's acquisition of the judgment extinguished it, clarifying that a bankruptcy discharge does not fully nullify the debt for all purposes. However, the court reversed the award of attorney's fees to Luth and FBH, finding no statutory or contractual basis for such an award in their claims for trial of right of property or conversion. It also upheld the transfer of venue to Williamson County and dismissed the motion for exemplary damages.

BankruptcyJoint DebtorsJudgment AssignmentExtinguishment RuleAttorney FeesDeclaratory Judgment ActVenue TransferTexas LawCivil ProcedureAppellate Review
References
44
Case No. 2019-05-1202 2019-05-1203
Regular Panel Decision
Sep 07, 2022

Williams, Patrick v. Yates Services

Mr. Williams sought benefits for alleged injuries to his shoulders, right elbow, and right knee resulting from two separate incidents with machinery on March 5 and July 30, 2019, while employed by Yates Services. Yates disputed causation, arguing Mr. Williams did not establish his injuries arose primarily out of and in the course and scope of his employment. The Court considered medical opinions from Dr. John Byrnes, the authorized treating physician, who stated Mr. Williams's conditions were not primarily work-related, and Dr. Ian Byram, who indicated the disability was work-related in non-workers' compensation forms. The Court ultimately found that Dr. Byram's scant opinions were insufficient to overcome Dr. Byrnes's unequivocal opinions, denying Mr. Williams's claims for benefits.

Workers' CompensationExpedited HearingCausation DisputeShoulder InjuryElbow InjuryKnee InjuryMedical Opinion WeightPre-existing ConditionDenial of BenefitsEmployee Testimony
References
2
Case No. MISSING
Regular Panel Decision

Claim of Raiselis v. Byrns

This case involves an appeal from a decision and an amended decision of the Workers’ Compensation Board, which ruled that the claimant was entitled to disability benefits due to her pregnancy. The period of benefits was from October 2, 1989, to December 12, 1989. The appellate court affirmed the Board's decision, agreeing that the claimant was under the care of a physician within the meaning of Workers’ Compensation Law § 205 (2), as supported by a disability statement signed by a certified nurse midwife on behalf of a physician. The court rejected the employer's argument that a subsequent amendment to Workers’ Compensation Law § 217 (1) indicated prior intent, citing general principles of agency law. The decision highlights the liberal construction of Workers' Compensation Law § 205 (2).

Disability BenefitsWorkers' Compensation LawNurse MidwifePhysician CareAgency LawAppellate ReviewPregnancy DisabilityStatutory InterpretationBoard Decision AffirmationMedical Certification
References
2
Case No. MISSING
Regular Panel Decision

Claim of Byrne v. Fall Fitting, Inc.

The claimant, a welder, suffered a back injury at work and received workers' compensation benefits. The employer's insurance carrier sought to suspend payments based on a medical report discrediting the causal link between the injury and employment. The Workers' Compensation Board rejected this report as incredible, found a causally related disability, and ordered continued payments. On appeal by the employer and carrier, the court affirmed the Board's decision, emphasizing the Board's authority to resolve conflicting medical evidence and finding substantial evidence to support the causal relationship.

Causally Related DisabilityWorkers' Compensation BenefitsMedical Report RejectionConflicting Medical EvidencePayment SuspensionAppeal AffirmationBoard AuthoritySubstantial EvidenceBack InjuryWelder
References
4
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