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

Case No. MISSING
Regular Panel Decision

Smith v. New York State & Local Retirement Systems

Petitioner, a taxpayer services representative, sustained a back injury in March 1981 while lifting forms, leading to a decline in attendance and eventual termination in November 1989. She applied for accidental and ordinary disability retirement benefits, both of which were denied by the Comptroller. The accidental disability claim was denied because the incident was not deemed an 'accident' under Retirement and Security Law § 63. The ordinary disability claim was denied as untimely, having been filed approximately six months after her termination, exceeding the 90-day limit stipulated by Retirement and Social Security Law § 62. The Supreme Court dismissed the challenge to the ordinary disability denial due to untimeliness and transferred the accidental disability challenge to this Court. This Court confirmed the Comptroller's determination on both counts, rejecting the petitioner's estoppel argument regarding the untimely ordinary disability application and finding substantial evidence to support the finding that the injury did not constitute an 'accident' within the meaning of the relevant law, as it resulted from ordinary employment duties without an unexpected event.

Disability Retirement BenefitsAccidental DisabilityOrdinary DisabilityUntimely ApplicationEstoppel Against GovernmentWork-Related InjuryBack InjuryDefinition of AccidentOrdinary Employment DutiesSubstantial Evidence Review
References
16
Case No. MISSING
Regular Panel Decision
Dec 31, 1964

TEXAS EMPLOYERS'INSURANCE ASSOCIATION v. Leathers

Troy Alvie Leathers (respondent) filed a workmen's compensation claim in 1962 for injuries suffered in a 1954 electric switch accident, alleging total and permanent incapacity due to dizzy spells. He claimed good cause for late filing, stating he initially believed his injuries were not serious and later that his dizzy spells were due to an unrelated congenital heart condition, only discovering a connection after his brother informed him. The Texas Employers' Insurance Association (petitioner) denied disability and good cause. The trial court granted summary judgment for the petitioner, finding Leathers failed to meet the standard of ordinary prudence by not inquiring about the cause of his dizzy spells from doctors over seven years. The Court of Civil Appeals reversed, but the Supreme Court of Texas reversed the Court of Civil Appeals' judgment and affirmed the trial court's decision, concluding Leathers' conduct did not demonstrate ordinary prudence in diligently pursuing the cause of his disability.

Workers' CompensationGood CauseLate FilingSummary JudgmentOrdinary Prudence StandardMedical MisinformationHeart ConditionElectric Shock InjuryTotal Permanent IncapacityMedical Diligence
References
4
Case No. MISSING
Regular Panel Decision

Centerpoint Energy Entex v. Railroad Commission

This opinion addresses an appeal brought by CenterPoint Energy Entex concerning the Texas Railroad Commission's authority to conduct retroactive prudence reviews of gas charges passed through a purchased gas adjustment (PGA) clause and to order refunds. Entex also challenged whether such a review constitutes a 'ratemaking proceeding,' which would entitle the City of Tyler to expense reimbursement. The court affirmed the Commission's authority to conduct retroactive prudence reviews and order refunds, concluding it does not violate the filed rate doctrine or the rule against retroactive ratemaking. However, the court reversed the district court's decision regarding expense reimbursement, ruling that a prudence review is not a 'ratemaking proceeding' for the purpose of municipal expense recovery.

Utility RegulationGas UtilityPurchased Gas Adjustment ClausePGA ClauseRetroactive Prudence ReviewRatemaking ProceedingExpense ReimbursementTexas Railroad CommissionFiled Rate DoctrineRetroactive Ratemaking
References
69
Case No. MISSING
Regular Panel Decision

Jones v. New York State & Local Employees Retirement System

Petitioner, a registered nurse, sought ordinary and accidental disability retirement benefits after inhaling noxious fumes at Rome City Hospital. His ordinary disability application was denied as untimely, filed beyond the 90-day post-termination period. The accidental disability claim was also rejected because his prolonged exposure to fumes was not considered a 'sudden, fortuitous mischance' or an accidental injury under Retirement and Social Security Law § 63. The court upheld the respondent's determination, concluding that substantial evidence supported the finding that no accident occurred. Consequently, the petition was dismissed.

Disability RetirementAccidental InjuryTimely FilingCPLR Article 78Noxious FumesOrdinary DisabilityRetirement and Social Security LawRegistered NurseRome City HospitalAlbany County
References
6
Case No. MISSING
Regular Panel Decision
Feb 02, 1984

Krebbeks v. Regan

Petitioner, the widow of a Department of Transportation employee, applied for accidental death benefits after her husband's service-connected death in July 1981. Although her application for accidental death benefits was approved, these benefits were entirely offset by workers' compensation payments, leaving her with no current payments from the State Employees’ Retirement System. Subsequently, petitioner sought a lump-sum ordinary death benefit, which was denied because she was deemed eligible for accidental death benefits, even if offset. This appeal ensued after the denial of her application by a hearing officer and Special Term's concurrence. The court affirmed the denial, citing Retirement and Social Security Law § 60 (a) (3), which states an ordinary death benefit is not payable if an accidental death benefit is payable, with a narrow exception not applicable here.

Accidental Death BenefitsOrdinary Death BenefitsWorkers' Compensation OffsetRetirement and Social Security LawStatutory InterpretationDeath Benefits EligibilityPublic Employee BenefitsAdministrative Law AppealDeath Benefit Offset
References
2
Case No. MISSING
Regular Panel Decision

Di Guida v. McCall

Petitioner, a food service worker, sought accidental and ordinary disability retirement benefits after being injured in a fall on milk crates while leaving work. Respondent denied the application for accidental disability benefits, finding the petitioner was not "in service" at the time of the injury, a determination upheld by the court based on substantial evidence and the resolution of a credibility issue. The denial of ordinary disability benefits was also affirmed, supported by a physician's report that found no significant neck or shoulder injury or functional disability. Consequently, the determination was confirmed, and the petition dismissed.

accidental disabilityordinary disabilityretirement benefitsfood service workerfall injuryin servicecredibilitymedical examinationfunctional disabilityCPLR article 78
References
2
Case No. MISSING
Regular Panel Decision

Jones v. McCall

Petitioner, a food service worker, applied for ordinary disability retirement benefits, claiming permanent incapacitation due to a stroke. The respondent denied the application, finding insufficient evidence that petitioner was permanently incapacitated from her duties. During the subsequent CPLR article 78 proceeding, a neurologist for the State and Local Employees’ Retirement System testified that neither their examination nor review of medical records showed significant objective neurological dysfunction that was permanent or disabling. The court confirmed the respondent's determination, ruling it was supported by substantial evidence and that the respondent had the authority to credit one medical expert's opinion over conflicting views from treating physicians. The petition challenging the determination was dismissed.

Ordinary disability retirement benefitsCPLR Article 78Stroke incapacitationMedical expert testimonyConflicting medical opinionsSubstantial evidence reviewAdministrative determinationJudicial reviewPermanent incapacitationRetirement System benefits
References
1
Case No. MISSING
Regular Panel Decision

Kubica v. New York State Employees' Retirement System

The petitioner sought ordinary disability retirement benefits, but the Comptroller denied the application. The case involved conflicting medical opinions regarding the petitioner's ability to return to work as a food service worker due to chronic disc problems. The court upheld the Comptroller's decision, stating that the Comptroller could properly credit the opinion of the respondent's physician, who found the petitioner not permanently disabled. Since the determination was supported by substantial evidence, it was confirmed, and the petition was dismissed.

Disability Retirement BenefitsMedical Opinion ConflictSubstantial Evidence ReviewComptroller DeterminationFood Service WorkerChronic Disc ProblemsAdministrative LawJudicial ReviewArticle 78 Proceeding
References
2
Case No. E2016-02178-SC-T10B-CV
Regular Panel Decision
Sep 19, 2017

Jeanie Holsclaw v. Ivy Hall Nursing Home, Inc.

This accelerated appeal concerns a trial judge's decision not to recuse herself after contacting a university director about an expert witness's qualifications. The defendant moved for recusal, arguing the judge engaged in an independent investigation and ex parte communication. The Court of Appeals reversed the trial court's denial of recusal, but the Supreme Court granted permission to appeal. The Supreme Court reversed the Court of Appeals, concluding that the trial judge's actions, while an ex parte communication and independent investigation, did not constitute 'personal knowledge' requiring recusal under the Code of Judicial Conduct. Therefore, a person of ordinary prudence would not reasonably question the trial judge's impartiality, and the denial of the recusal motion was appropriate.

RecusalJudicial ImpartialityEx Parte CommunicationIndependent InvestigationExpert Witness QualificationsVocational DisabilityTennessee Supreme CourtJudicial EthicsAppellate ProcedureAbuse of Discretion
References
9
Case No. MISSING
Regular Panel Decision

Toma v. Ahders

This case involves an appeal from a summary judgment that terminated a legal malpractice action. The Appellant, a welder, suffered a back injury and claims his employer offered to file his worker's compensation claim. After a significant delay, a worker's compensation claim was filed in 1984, which was subsequently denied by the Texas Industrial Accident Board in 1985 due to a failure to establish a compensable injury. The Appellant then initiated a legal malpractice suit against the Appellee, alleging negligence in failing to notify him of the claim denial or to appeal the adverse ruling. The trial court initially granted summary judgment against the Appellant, citing the untimeliness of the original claim. However, the appellate court reversed this decision, concluding that there was a genuine issue of material fact regarding whether the Appellant, an Iraqi refugee with limited English proficiency, acted with ordinary prudence by relying on his employer's representations to file the claim.

Legal MalpracticeSummary Judgment AppealWorker's Compensation ClaimGood Cause DefenseTimeliness of FilingEmployer RelianceLanguage BarrierDiligence StandardOrdinary PrudenceEvidentiary Burden
References
5
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