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

Case No. M2022-00740-COA-R3-CV
Regular Panel Decision
Feb 12, 2025

Thomas Patterson v. Tennessee Department of Safety and Homeland Security

Appellant Thomas Patterson challenged an administrative law judge's default order concerning the civil asset forfeiture of his vehicle, asserting that administrative officials lacked authority due to not swearing a judicial oath and that the default was improperly issued. The Commissioner’s Designee and the Chancery Court both affirmed the original default and denied Patterson’s request to set it aside. On appeal, the Court of Appeals considered whether the administrative officials required a judicial oath of office and if the default procedures were correctly applied. The appellate court affirmed, concluding that no judicial oath was statutorily or constitutionally mandated for the administrative judge or the Commissioner’s Designee, and that the default and the refusal to set it aside were procedurally sound. Consequently, all claims against Bradley County, including attorney's fees, were also dismissed as the default against Patterson was upheld.

Civil Asset ForfeitureAdministrative Law JudgeOath of OfficeDue ProcessDefault JudgmentAppellate ReviewTennessee Court of AppealsChancery CourtAdministrative Procedures ActRule 60.02
References
30
Case No. MISSING
Regular Panel Decision

Gilmore v. James

This case involves multiple plaintiffs challenging the constitutionality of Texas loyalty oath statutes (Article 6252-7 and Article 2908b) required for public employment and student enrollment. Everett M. Gilmore, Jr. was dismissed from Dallas County Junior College for refusing the oath. Other plaintiffs, including students and professors at the University of Texas, faced similar issues or were prospective employees conditioned on executing the oath. The court examined standing, mootness, and exhaustion of state remedies for the various plaintiffs, ultimately holding that Gilmore, Mantle, and Kahn had standing. The central issue was whether disqualification from state employment based solely on present or past membership in designated organizations, without specific intent to further illegal aims, violated First Amendment rights. Citing Elfbrandt v. Russell and Keyishian v. Board of Regents, the court found Section 1 of Article 6252-7 unconstitutionally overbroad, as it ensnared innocent associations with the guilty, thus infringing on protected freedoms. The court declared the statute constitutionally infirm.

Loyalty OathFirst AmendmentFreedom of AssociationFreedom of SpeechUnconstitutional StatuteState EmploymentPublic EducationDeclaratory JudgmentInjunctive ReliefAcademic Freedom
References
47
Case No. MISSING
Regular Panel Decision

Korman v. Sachs

This case concerns an appeal challenging the invalidation of Lorraine Backal's designating petition for Judge of the Surrogate’s Court, Bronx County. The Supreme Court initially ruled her petition invalid, citing fewer than the required 5,000 signatures under Election Law § 6-136 (2) (b). On appeal, while the court upheld the factual finding of insufficient signatures, it deemed the 5,000-signature requirement for Bronx County unconstitutional. The court found this disparity, compared to 2,000 signatures for counties of similar population outside New York City, violated the Equal Protection Clause. Consequently, the judgment invalidating Backal's petition was reversed, and the Board of Elections was directed to place her name on the ballot.

Election LawDesignating PetitionsConstitutional LawEqual ProtectionBallot AccessSignature RequirementsJudicial ElectionsNew York StateAppellate ReviewSurrogate's Court
References
5
Case No. MISSING
Regular Panel Decision

Svensen v. Svensen

This case is an appeal contesting the dismissal of a divorce action. The trial court dismissed the husband's petition because he had not met the six-month Texas residency requirement at the time of filing or hearing. The appellate court clarifies that the residency requirement is not jurisdictional but a qualification, meaning a plea in abatement should lead to retaining the case on the docket rather than outright dismissal. Consequently, the court found that the trial court erred in dismissing the suit and refusing its reinstatement after the residency condition was fulfilled. The case was reversed and remanded for reinstatement and trial on the merits.

DivorceResidency RequirementsPlea in AbatementJurisdictionDismissalRemandTexas Family CodeCivil ProcedureAppellate ReviewMarital Law
References
10
Case No. MISSING
Regular Panel Decision

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

Justice Boyd concurs with the judgment that a Texas statute requiring eyebrow threaders to obtain an esthetician's license is unconstitutional. However, he disagrees with the Court's adoption of a new 'unreasonably burdensome that it becomes oppressive' test for the Texas Constitution's 'due course of law' provision. Instead, he believes a law violates due course of law only if it is 'arbitrary and unreasonable, and therefore oppressive, because it has no rational relationship to a legitimate government interest.' He finds the esthetician's license requirement for eyebrow threaders to be arbitrary, unreasonable, and oppressive as it lacks a rational relationship to public health and safety, despite agreeing that sanitation training is rational. Boyd emphasizes that courts should not 'legislate from the bench' but must exercise their authority to interpret the Constitution when a law is clearly arbitrary and unreasonable. He concludes that imposing the existing esthetician licensing scheme on eyebrow threaders is not rationally related to the legitimate government interest in promoting public health and safety.

Constitutional LawDue Course of LawEconomic RegulationOccupational LicensingEsthetician LicenseEyebrow ThreadingRational Basis ReviewArbitrary and UnreasonableTexas ConstitutionSubstantive Due Process
References
7
Case No. MISSING
Regular Panel Decision

Sundram v. City of Niagara Falls

The case involves a petitioner, an Indian national and permanent resident alien, whose application for a taxicab driver's license in Niagara Falls, New York, was denied due to a citizenship requirement in a city ordinance. The petitioner challenged this requirement, arguing it violated the Equal Protection Clause of the Fourteenth Amendment. Citing precedents like Yick Wo v. Hopkins and Truax v. Raich, the court affirmed that the Fourteenth Amendment extends protection to aliens regarding their right to earn a livelihood. The court found no compelling state interest to justify the citizenship classification for taxicab drivers, deeming the "undifferentiated fear" of criminal activity insufficient. Consequently, the court held subdivision (e) of section 16 of chapter 365 of the Niagara Falls ordinances unconstitutional, but withheld injunctive relief pending the full processing of the petitioner's application.

Citizenship RequirementEqual Protection ClauseFourteenth AmendmentAlien RightsTaxicab LicensingOrdinance ConstitutionalityOccupational LicensingDiscriminationRight to WorkNiagara Falls
References
14
Case No. MISSING
Regular Panel Decision

Blair v. Texas Employment Commission

William G. Blair appealed an order requiring him to produce employment and payroll records to the Texas Employment Commission (TEC). Blair claimed the records were privileged under the Fourth, Fifth, and Fourteenth Amendments, fearing self-incrimination, and offered to produce them only if granted immunity. The Attorney General then filed an application in the 72nd District Court of Lubbock County, which ordered Blair to produce the records. The appellate court affirmed the trial court's judgment, applying the "required records" doctrine, which is an exception to the self-incrimination privilege for records mandated by law for governmental regulation, especially concerning public welfare and the collection of taxes for unemployment compensation.

Required Records DoctrineSelf-IncriminationFifth AmendmentFourth AmendmentFourteenth AmendmentEmployment RecordsPayroll RecordsAdministrative SubpoenaGovernmental RegulationPublic Welfare
References
4
Case No. ADJ229693 (MON 0362437)
Regular
Mar 28, 2011

JUAN PALMA vs. NORMAN'S NURSERY WHOLESALE GROWERS

A lien claimant, former attorney for the applicant, filed a motion to disqualify the Workers' Compensation Judge, alleging bias. The Workers' Compensation Appeals Board (WCAB) construed this motion as a petition for disqualification. The petition was denied because it was not properly verified under oath as required by WCAB Rule 10844. Furthermore, the petition lacked the necessary supporting affidavit or declaration under penalty of perjury required by WCAB Rule 10452.

Petition for disqualificationWCAB Rule 10844Verified pleadingsAffidavitDeclaration under penalty of perjuryWorkers' Compensation Administrative Law JudgeBiasMotion to disqualifyLabor Code section 5311WCJ Blais
References
0
Case No. ADJ10241807, ADJ10856904, ADJ10856895, ADJ10856923, ADJ10856899
Regular
Dec 30, 2019

Robert Orcasitas vs. FEDEX GROUND, SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an approved Compromise and Release, deeming it premature. The Board will treat the petition as a request to set aside the original order, requiring the applicant to present evidence under oath at the trial level. This process will allow for a proper hearing and decision on whether "good cause" exists to invalidate the settlement. The applicant's claims of being taken advantage of due to lack of knowledge require factual substantiation.

Compromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseWCJWorkers' Compensation Appeals BoardPro PerLack of KnowledgeSkeletal PetitionUntimelinessPetition to Set Aside
References
8
Case No. MISSING
Regular Panel Decision

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
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