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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

Texas Employers' Ins. Ass'n v. Evers

M. W. Evers, an employee, suffered a 40% partial permanent incapacity to his right shoulder due to an injury sustained while working for Columbian Carbon Company. He was awarded compensation for 300 weeks from Texas Employers’ Insurance Association. The insurance association appealed, challenging the compensation award primarily because Evers continued to work for approximately 52 weeks post-injury at his regular wage. The appellate court affirmed the trial court's judgment, emphasizing that continued employment, especially under necessity and with employer/colleague assistance, does not negate a claim for permanent partial incapacity under workmen's compensation law, which should be liberally construed. The court also addressed and rejected the appellant's points of error regarding jury findings and newly discovered evidence.

Workers' CompensationPartial Permanent IncapacityAppellate ReviewAffirmation of JudgmentEarning CapacityContinued EmploymentMedical TestimonyShoulder InjuryNew Trial MotionJury Verdict
References
23
Case No. MISSING
Regular Panel Decision

Transport Insurance Co. v. Garcia

Thomas J. Garcia, an employee, was found totally and permanently incapacitated due to a back injury sustained on August 25, 1976, during his employment. Transport Insurance Company, the compensation carrier, appealed this judgment, challenging the sufficiency of evidence for permanent incapacity. Despite returning to light duty and then full release, Garcia testified to ongoing pain, muscle spasms, and difficulty with heavy lifting, corroborated by his friend Frank Trevino and orthopedic surgeon Dr. Robert J. Kilian, who noted Garcia's limited work performance. The appellate court considered both supporting and conflicting evidence, including a supervisor's testimony of Garcia working without complaints and findings from another orthopedic surgeon. Ultimately, the court affirmed the jury's finding, concluding it was not against the great weight and preponderance of the evidence.

Workers' CompensationPermanent DisabilityTotal IncapacityBack InjuryLumbosacral SprainMedical TestimonyLay Witness TestimonySufficiency of EvidenceAppellate ReviewJury Verdict
References
6
Case No. MISSING
Regular Panel Decision

Liberty Mutual Insurance Co. v. Peoples

Charles W. Peoples, an employee of Jordan Ford, Inc., suffered a back injury in January 1976. Despite prior back injuries and surgeries in 1972 and 1974, he sought worker's compensation for total and permanent incapacity from Liberty Mutual Insurance Company. The insurance company challenged the jury's findings, arguing Peoples returned to work and his subsequent injuries were the sole cause of his disability. The court discussed the evolution of Texas's apportionment statutes in worker's compensation cases, specifically focusing on the 1971 amendment that abolished the percentage contribution defense for prior injuries. The court held that evidence of subsequent injuries is admissible if offered to show they were the sole cause of present disability. The judgment of the trial court was reversed, and the cause remanded for a new trial due to the exclusion of evidence regarding a subsequent injury in May 1977 and a related back operation in January 1978, which could potentially be the sole cause of his present disability.

Worker's CompensationTotal and Permanent IncapacityPre-existing ConditionSubsequent InjuryApportionment StatuteSole Cause DefenseSufficiency of EvidenceJury FindingsMedical TestimonyTexas Law
References
14
Case No. MISSING
Regular Panel Decision

Standard Fire Insurance Co. v. Rice

This is a worker's compensation case where the insurance carrier appealed a jury verdict granting total and permanent disability benefits to an injured worker. The worker sustained a low back injury, necessitating a chymopapain injection, and continued employment post-injury, even with increased pay and a more strenuous schedule. However, medical testimony and evidence from safety directors suggested that due to his injury and surgery, the worker was permanently disabled from obtaining similar employment elsewhere, being deemed to have a "Class 4 back." The appellate court affirmed the judgment, emphasizing the liberal construction of worker's compensation laws and that continued work does not automatically preclude findings of total and permanent disability. The court found the evidence factually sufficient to support the jury's finding of permanent total incapacity.

Worker's CompensationBack InjuryLumbar StrainHerniated DiscChymopapain InjectionPermanent DisabilityTotal IncapacityMedical EvidenceEmployment PhysicalsTexas Law
References
5
Case No. 13-87-479-CV
Regular Panel Decision
Sep 15, 1988

Lumbermens Mutual Casualty Co. v. Garcia

This is a worker's compensation case where Prajedes Garcia was awarded compensation for total and permanent incapacity by a jury. Lumbermens Mutual Casualty Company appealed, challenging the trial court's refusal to submit a 'partial incapacity' instruction and the sufficiency of evidence for the jury's finding of permanent incapacity. The Court of Appeals of Texas, Corpus Christi, affirmed the trial court's judgment. The court found that the appellant had waived the right to the partial incapacity instruction due to a stipulation made during the trial. Furthermore, the appellate court concluded that there was sufficient factual evidence to support the jury's finding of permanent total incapacity, despite conflicting medical testimonies. Justice Seerden dissented, arguing that the appellant did not waive the partial incapacity defense.

Worker's CompensationTotal IncapacityPermanent IncapacityJury TrialEvidentiary SufficiencyJury InstructionsPartial Incapacity DefenseWaiver of DefenseStipulationMedical Testimony
References
18
Case No. MISSING
Regular Panel Decision

International Insurance Co. v. Hernandez

Jose Hernandez, a body mechanic, suffered a heart attack at work on July 11, 1980, and alleged permanent incapacity and reduced wage earning capacity. International Insurance Company appealed the trial court's judgment for Hernandez, contending insufficient evidence of permanent incapacity directly caused by the injury, arguing his condition stemmed from pre-existing coronary artery disease. The court considered whether the injury was a producing cause of permanent incapacity and whether the incurred medical expenses were necessitated by the injury. Citing legal precedents, the appellate court affirmed the trial court's judgment, finding sufficient evidence supported the jury's conclusions on both permanent incapacity and the necessity of medical care. The appellee's request for a delay-only appeal penalty was denied, as the court found the appeal not to be solely for delay.

Workers' CompensationPermanent IncapacityHeart AttackPre-existing ConditionProducing CauseMedical ExpensesSufficiency of EvidenceAppeal DelayTexas LawCoronary Artery Disease
References
13
Case No. MISSING
Regular Panel Decision

United States Fidelity & Guaranty Insurance Co. v. Williams

This case involves an appeal by a defendant insurance company against a judgment for plaintiff Sam Williams, Jr., in a worker's compensation case. Williams sued for total and permanent disability suffered on April 14, 1983, while working for Kendrick Tire Company. A jury found Williams suffered total and permanent incapacity, starting April 28, 1985, and that a lump sum payment was warranted due to hardship. The trial court awarded Williams $53,270. The defendant appealed on six points, primarily arguing the denial of a trial amendment for partial incapacity and related jury instructions, and the sufficiency of evidence for total and permanent incapacity. The appellate court affirmed the trial court's decision, finding no abuse of discretion in denying the amendment or instructions, and sufficient evidence supported the jury's findings of total and permanent incapacity.

Worker's Compensation AppealTotal IncapacityPermanent DisabilityTrial Amendment DenialJury Instruction RefusalSufficiency of EvidenceAbuse of DiscretionMedical TestimonyHerniated DiscLumbar Laminectomy
References
13
Case No. MISSING
Regular Panel Decision

TEXAS EMPLOYERS'INS. ASSOCIATION v. Stephenson

W. A. Stephenson, the claimant, filed a workmen’s compensation suit against Texas Employers’ Insurance Association, alleging total and permanent incapacity due to an injury sustained on December 2, 1970, when he was thrown from a pickup truck during the course of his employment. The jury found that Stephenson suffered total and permanent incapacity as a result of the injury, beginning on the date of the accident. The insurance carrier appealed, contending the jury's findings were against the great weight and preponderance of the evidence, and that any incapacity was temporary, partial, or caused solely by prior or subsequent conditions. The appellate court, after reviewing lay and medical testimony, affirmed the trial court's judgment, concluding that the evidence was factually sufficient to support the jury's findings of total and permanent incapacity.

Total and Permanent DisabilityJury FindingsSufficiency of EvidenceLay Witness TestimonyMedical Expert OpinionWork AccidentAggravation of InjuryMeralgia ParestheticaCarotid Artery DiseaseArteriosclerosis
References
12
Case No. 2019 NY Slip Op 05367 [174 AD3d 1017]
Regular Panel Decision
Jul 03, 2019

Matter of City of Plattsburgh (Plattsburgh Permanent Firemen's Assn.)

The City of Plattsburgh, the appellant, appealed an order from the Supreme Court that denied its application to permanently stay arbitration with the Plattsburgh Permanent Firemen's Association. The dispute originated from a collective bargaining agreement (CBA) which stipulated a minimum staffing level of 36 firefighters and prohibited layoffs. When a firefighter retired, reducing the staff to 35, the City refused to fill the vacancy, citing financial reasons, leading the Firemen's Association to demand arbitration. The Supreme Court denied the City's application to stay arbitration and granted the Association's motion to compel. The Appellate Division reversed this decision, ruling that the disputed CBA provision was a job security clause. The court found that this clause did not explicitly demonstrate the City's intent to waive its right to reduce staffing for budgetary or economic reasons, thus violating public policy and rendering the dispute non-arbitrable. A concurring opinion further noted that the clause also violated public policy due to its unreasonable duration.

ArbitrationCollective Bargaining AgreementJob Security ClausePublic PolicyStaffing LevelsFirefighters UnionBudgetary ConstraintsAppellate DivisionCPLR Article 75Stay Arbitration
References
8
Case No. MISSING
Regular Panel Decision
Nov 22, 1978

Lee v. Texas General Indemnity Co.

This case involves an appeal from a judgment awarding total and permanent worker’s compensation benefits to E. V. Lee for a 1973 back injury sustained while employed by Chemical Express Carrier Company. The Court of Civil Appeals had reversed and remanded, a decision approved by this court by refusing the writ of error. The refusal was based on the improper exclusion of Lee's prior testimony from a separate 1975 injury case, where he testified the 1975 injury was the sole cause of his incapacity, which was relevant to the sole cause defense in the current case. However, this court disapproved the Court of Civil Appeals' holding that Lee was estopped from claiming permanent incapacity from the 1973 injury and its instruction to limit retrial to temporary incapacity, citing a state law allowing recovery for multiple total and permanent incapacity claims. Consequently, the motion for rehearing was overruled.

Worker's CompensationBack InjurySole Cause DefensePrior TestimonyEstoppelTotal and Permanent IncapacityMotion for RehearingWrit of ErrorAppellate ProcedureMultiple Claims
References
3
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