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

Case No. 2024-40-5803
Regular Panel Decision
Sep 09, 2025

Reed, Kimberly v. Critical Nurse Staffing, LLC

In this interlocutory appeal, the Tennessee Workers' Compensation Appeals Board reviewed a trial court's order concerning an employee's work-related injuries. The employee, Kimberly Reed, reported a left arm/shoulder injury and later sought treatment for head/face/TMJ complaints. The trial court had ordered the employer, Critical Nurse Staffing, LLC, to provide a second opinion for shoulder surgery and a panel of otolaryngologists for the TMJ condition. The Appeals Board affirmed the order for a second opinion on shoulder surgery, finding the authorized physician's reports constituted a recommendation for surgery. However, the Board reversed the order for the otolaryngologist panel, concluding there was insufficient evidence at this stage to prove the TMJ condition was causally related to the work injury. The case was remanded for further proceedings.

Workers' Compensation AppealSecond Opinion Medical ReviewShoulder InjuryRotator Cuff TearTemporomandibular Joint DisorderCausation of InjuryMedical Treatment AuthorizationInterlocutory AppealEvidentiary StandardProcedural Compliance
References
10
Case No. 04-14-00269-CV
Regular Panel Decision
Mar 11, 2015

Andrea Collie v. IBEX Staffing Solutions, Inc. and Pronto General Agency, Ltd. D/B/A Pronto Insurance

Andrea Collie sued IBEX Staffing Solutions, Inc. and Pronto Insurance for race discrimination and retaliatory discharge. A jury found in favor of the appellees. Collie appealed, arguing the trial court erred by not providing a permissive-pretext instruction to the jury. The appellate court reviewed the trial court's discretion in jury instructions, noting that the jury question tracked the Texas Pattern Jury Charge and correctly placed the burden of proof on Collie. The court affirmed the trial court's judgment, concluding that the requested instruction was not reasonably necessary for a proper verdict.

Race DiscriminationRetaliatory DischargeJury InstructionsPermissive-Pretext InstructionAbuse of DiscretionTexas Labor CodeEmployment LawAppellate ReviewTrial Court ErrorBurden of Proof
References
22
Case No. MISSING
Regular Panel Decision
Mar 04, 1988

In re Nurse Care Registry, Inc.

Nurse Care Registry, Inc., an agency providing health care personnel, appealed a decision by the Unemployment Insurance Appeal Board that classified its workers as employees rather than independent contractors, making Nurse Care liable for unemployment insurance contributions. The court affirmed the Board's decision, finding substantial evidence of Nurse Care's control over key aspects of the services provided by the workers. This control included client contact, worker wages, and billing/collection, which were deemed indicative of an employer-employee relationship. The court relied on precedent establishing that such control warrants an employment finding, despite workers having full-time positions elsewhere and the agency not directly supervising daily work.

unemployment insuranceemployer-employee relationshipindependent contractoradministrative lawappellate reviewlabor lawagency staffingcontrol testsubstantial evidencehealth care industry
References
4
Case No. 2019 NY Slip Op 03114 [171 AD3d 1410]
Regular Panel Decision
Apr 25, 2019

Matter of Harry's Nurses Registry, Inc. (Commissioner of Labor)

Harry's Nurses Registry, Inc. (HNR), a staffing agency, appealed a decision from the Unemployment Insurance Appeal Board. The Board had assessed HNR for additional unemployment insurance contributions for health care workers for the years 2008-2010, reversing an Administrative Law Judge's decision. HNR's main contention on appeal was that the Board was bound by a prior unappealed Administrative Law Judge decision from 1999, which had found HNR's health care workers to be independent contractors for an earlier audit period. The Appellate Division, Third Department, affirmed the Board's decision, stating that the Board is not bound by prior unappealed Administrative Law Judge decisions, especially when covering different audit periods and presenting additional factors of control.

Unemployment InsuranceStaffing AgencyHealth Care WorkersIndependent Contractor StatusEmployee StatusUnemployment Insurance Appeal BoardAdministrative Law Judge DecisionStare DecisisAudit PeriodAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Paguirigan v. Prompt Nursing Emp't Agency LLC

Plaintiff Rose Ann Paguirigan brought claims against Prompt Nursing Employment Agency LLC and several other defendants, alleging violations of the Trafficking Victims Protection Act (TVPA), breach of contract, and seeking declaratory judgment. The plaintiff, a Filipino citizen, claimed that the defendants coerced her and other foreign nurses into continued employment using a $25,000 contract termination fee and a confession of judgment, despite a prior state court ruling that the fee was unenforceable. Defendants allegedly threatened lawsuits, filed unfounded professional misconduct complaints, and pursued criminal indictments against nurses who sought to leave their employment. Defendants filed a motion to dismiss all TVPA claims, the declaratory judgment claim, and the breach of contract claim against individual defendants. The court denied the defendants' motion in its entirety, finding that the plaintiff had sufficiently pleaded her claims, including serious financial and reputational harm under the TVPA, and had grounds for piercing the corporate veil for the breach of contract claim.

Trafficking Victims Protection ActForced LaborInvoluntary ServitudeBreach of ContractDeclaratory JudgmentMotion to DismissCorporate Veil PiercingEmployment ContractCoercionForeign Nurses
References
29
Case No. 2022 NY Slip Op 02849 [204 AD3d 1348]
Regular Panel Decision
Apr 28, 2022

Matter of Cruz (Strikeforce Staffing LLC--Commissioner of Labor)

The case concerns an appeal from a decision by the Unemployment Insurance Appeal Board, which found Strikeforce Staffing LLC liable for unemployment insurance contributions, classifying Nelson Ruiz Cruz and other workers as employees. Strikeforce, a staffing agency, connected Cruz with a bakery client, who managed his employment and daily tasks. Strikeforce's involvement largely consisted of initial screening and payroll processing based on client approvals. The Appellate Division, Third Department, reversed the Board's determination. The court ruled that there was not substantial evidence to support an employer-employee relationship, as Strikeforce did not exercise sufficient control over the means or results of the workers' services. The decision was remitted back to the Unemployment Insurance Appeal Board for further proceedings.

Unemployment InsuranceEmployer-Employee RelationshipStaffing AgencyIndependent ContractorControl TestSubstantial EvidenceUnemployment Insurance Appeal BoardAppellate DivisionWorkers' ClassificationRemuneration Liability
References
9
Case No. ADJ9456228 (MF), ADJ9341963
Regular
Oct 09, 2018

MARIA COLCHADO vs. TOLL GLOBAL FORWARDING HOLDING, ACE AMERICAN INSURANCE, SELECT STAFFING, ACE AMERICAN INSURANCE, TRI-STATE STAFFING, CIGA administered by SEDGWICK for LUMBERMEN'S UNDERWRITING in liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine Toll Global Forwarding's employer status. While the ALJ found Toll Global was not a special employer, the Board reversed this, finding Toll Global was indeed the special employer. This determination was based on Toll Global's direct supervision and instruction of the applicant. The staffing agencies, Select Staffing and Tri-State Staffing, were designated as the general employers.

Workers' Compensation Appeals BoardCIGASpecial EmployerGeneral EmployerToll Global ForwardingSelect StaffingTri-State StaffingACE American InsuranceJoint Findings and OrderPetition for Reconsideration
References
11
Case No. MISSING
Regular Panel Decision
Feb 01, 2001

Silva v. Incorporated Village of Hempstead Community Development Agency

Jose Silva, an employee of Mar Jea Equipment, Inc., was allegedly injured during construction work on property owned by the Incorporated Village of Hempstead Community Development Agency. Silva sued the Agency for personal injuries. The Agency, in turn, initiated a third-party action against Mar Jea for indemnification. Mar Jea moved to dismiss this third-party complaint, arguing that the Agency's claim for common-law indemnification was barred by Workers’ Compensation Law § 11. Although the Agency contended it had a claim for contractual indemnification, the subcontract between Mar Jea and the general contractor required written consent from the Agency, which was never obtained. Consequently, the Supreme Court granted Mar Jea's motion to dismiss, a decision that was subsequently affirmed on appeal.

Personal InjuryConstruction AccidentThird-Party ActionIndemnificationContractual IndemnificationCommon-Law IndemnificationSubcontractCondition PrecedentWorkers' Compensation LawSummary Judgment
References
2
Case No. 2023-03-1417
Regular Panel Decision
Nov 07, 2024

Everett, Delta v. Life Style Staffing

The Tennessee Workers' Compensation Appeals Board affirmed a trial court's order granting temporary disability benefits to employee Delta Everett. Everett suffered a work injury while employed by Life Style Staffing. Initially, she accepted light duty but did not return due to a driving restriction. Almost a year later, an authorized orthopedic surgeon, Dr. Patrick Bolt, provided an opinion stating Everett should have been completely restricted from work from the injury date until his nurse practitioner's examination, then placed on light duty. The Appeals Board found the trial court appropriately weighed the medical evidence, accepting Dr. Bolt's opinion, particularly since the employer offered no rebuttal. The Board denied the employee's request to deem the appeal frivolous.

Workers' CompensationTemporary Disability BenefitsLight DutyWork RestrictionsOrthopedic SpecialistCausal ConnectionExpedited HearingFrivolous AppealMedical OpinionAppeals Board Decision
References
10
Case No. MISSING
Regular Panel Decision

Prompt Nursing Employment Agency LLC v. Valdez

This case involves a lawsuit filed by Prompt Nursing Employment Agency LLC against Jericson B. Valdez, alleging breach of contract and tortious interference with business opportunities. The Defendant filed motions seeking a change of venue from the Central Islip Courthouse to Brooklyn and to amend her answer to include a counterclaim for breach of contract. The United States District Court for the Eastern District of New York, presided over by Judge Arthur D. Spatt, denied the Defendant's motion for a change of venue, deferring to the Plaintiff's choice of forum and finding sufficient connection to the current venue. However, the Court granted the Defendant's motion to amend her answer, concluding that there was no evidence of bad faith, undue prejudice to the Plaintiff, or futility in the proposed breach of contract counterclaim. This decision allows the Defendant to add her counterclaim and modifies other aspects of her answer.

Federal ProcedureVenue TransferContract DisputeTortious InterferenceMotion to AmendPleadingCounterclaimEastern District of New YorkDiscretionary ReviewCivil Litigation
References
42
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