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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Willis v. Titan Contractors Corp.

The appellant, an employee of Titan Contractors, sustained personal injuries when he slipped on a skiff in the Houston Ship Channel. He filed a lawsuit under the Jones Act, claiming seaman status, but a jury found he was not a seaman and attributed 50% comparative negligence to him. The appellant sought to recover damages under the unseaworthiness doctrine and the Longshoremen and Harbor Workers’ Compensation Act, arguing several points of error on appeal. The appellate court affirmed the trial court's 'take nothing' judgment, rejecting all of appellant's contentions, including claims of seaman status as a matter of law, erroneous jury instructions, unseaworthiness, and recovery under the LHWCA. The court also found no error in the admission of certain evidence or the lack of submission regarding maintenance and cure.

Jones ActSeaman StatusPersonal InjuryContributory NegligenceUnseaworthinessLongshoremen and Harbor Workers' Compensation ActAppellate ReviewJury VerdictMaritime LawTexas
References
30
Case No. MISSING
Regular Panel Decision

Manis v. AMERICAN CABLE SYSTEMS OF TENNESSEE

This is a personal injury action where an employee of Telecom Systems, Inc. was injured by an electrical shock while working on a utility pole, stringing cable lines for American Cable Systems of Tennessee (ACS). The plaintiff seeks relief based on alleged negligence, but ACS argues it was a 'principal contractor' in its relationship with Telecom, making it immune from a tort suit under Tennessee worker's compensation law (T.C.A. § 50-6-113). The Court reconsidered the case in light of Stratton v. United Inter-Mountain Telephone Co. (695 S.W.2d 947), which clarified the 'right to control' test for principal contractor status. Upon comparison, the Court found that ACS maintained pervasive overall control over materials, employees, and general work manner, similar to the principal contractor in Stratton. Therefore, ACS was deemed a principal contractor, protecting it from third-party liability, and the motion for summary judgment was granted in its favor.

Personal InjuryWorker's CompensationPrincipal ContractorSubcontractorImmunitySummary JudgmentRight to ControlNegligenceElectrical ShockUtility Pole
References
5
Case No. MISSING
Regular Panel Decision

Dickerson v. Godfrey

This worker's compensation case involves the plaintiff, Gloria Jean Dickerson, seeking benefits for herself and her children following the accidental death of Dennis Russell, who was employed by Arthur Godfrey. The plaintiff contends that landowners Rick Catinella, Steve Maynard, and Walker Springs Square Partnership are liable as principal contractors under T.C.A. § 50-6-113(a). The Knox County Chancery Court previously granted summary judgment to the landowners, asserting that a prior tort action collaterally estopped the plaintiff from relitigating the issue of control. However, this appeal determined that collateral estoppel does not apply because the issue of the landowners' control, essential for their status as principal contractors, was not definitively decided in the earlier tort action. The previous tort case's dismissal focused on the deceased's actions rather than the landowners' lack of care or control. Consequently, the judgment of the trial court is reversed, and the case is remanded for further litigation on the landowners' contractor status.

Worker's CompensationCollateral EstoppelRes JudicataSummary JudgmentPrincipal ContractorLandowner LiabilityAccidental DeathSewer Line InstallationEmployment LawIndependent Contractor
References
13
Case No. MISSING
Regular Panel Decision

Claim of Glaze v. Villa Manufacturing Co.

The court examined whether the decedent was an independent contractor, determining it was a factual question within the Workers' Compensation Board's purview. Evidence supported the independent contractor status, including the appellant’s field supervisor's testimony of no control over the decedent's work or hours, merely checking quality. Further proof included the decedent's bill for work, accepted payment via a non-payroll check without deductions, and the appellant's long-standing business practice of referring kitchen cabinet installations to subcontractors. Despite potential contrary inferences, the board's prerogative to credit its chosen evidence was upheld. Consequently, the decision appealed from and the order of the Appellate Division were reversed, reinstating the Workers' Compensation Board's original decision to disallow the claim.

Independent ContractorWorkers' CompensationQuestion of FactSubstantial EvidenceClaim DisallowanceAppellate ReviewEmployer ControlPayment MethodSubcontractors
References
2
Case No. 2014-05-0003
Regular Panel Decision
Jan 12, 2015

Jewell, Kevin v. Cobble Construction & Arcus Restoration

Kevin Jewell, an employee of uninsured subcontractor Cobble Construction, suffered a back injury while lifting a granite slab on a job for principal contractor Arcus Restoration. Both the subcontractor and principal contractor denied the claim, asserting Jewell was an independent contractor and his injury was outside the scope of employment. Following an expedited hearing, the trial court found Jewell to be an employee injured during the course and scope of his work, ordering Arcus Restoration, as the principal contractor, to provide medical and temporary disability benefits due to Cobble Construction's lack of insurance. The Workers' Compensation Appeals Board affirmed the trial court's decision, upholding the findings regarding Jewell's employment status, the compensability of his injury, his entitlement to benefits, and Arcus Restoration's liability. The case was subsequently remanded for any further necessary proceedings.

Workers' CompensationEmployment RelationshipIndependent ContractorCourse and Scope of EmploymentMedical BenefitsTemporary Disability BenefitsPrincipal Contractor LiabilitySubcontractor UninsuredBack InjuryAppeals Board Decision
References
25
Case No. MISSING
Regular Panel Decision

Manis v. Erwin Utilities

The plaintiff, an employee of Telecom Systems, Inc., sustained injuries on April 20, 1984, in Unicoi County, Tennessee, while working on cable television lines under a contract between Telecom and American Cable Systems of Tennessee (ACS). The plaintiff initiated a personal injury action against ACS alleging negligence. ACS sought reconsideration of a previously denied motion for summary judgment, arguing it qualified as a 'principal contractor' under Tennessee worker's compensation law, thereby making it immune from third-party liability. Citing the Tennessee Supreme Court's decision in Stratton v. United Inter-Mountain Telephone Co., which focused on the 'right to control' as a determinant for principal contractor status, the Court analyzed the contract between ACS and Telecom. The Court found that ACS maintained pervasive control over the work, similar to the scenario in Stratton. Consequently, ACS was deemed a principal contractor, entitling it to immunity from the plaintiff's tort claim. The defendant's motion for summary judgment was granted.

Summary JudgmentPrincipal ContractorSubcontractorWorker's CompensationNegligence ActionPersonal InjuryRight to ControlThird-Party LiabilityContract LawImmunity
References
5
Case No. 2015-06-0093
Regular Panel Decision
Jun 18, 2015

Sanabria, Bessy vs. Santiago Zelaya and Summit Contractors Group, Inc.

Bessy Sanabria, an employee, filed a Request for Expedited Hearing seeking temporary disability and medical benefits from Summit Contractors Group, Inc. following a workplace accident on July 31, 2014. Ms. Sanabria injured her left foot when she fell from a ladder at a construction site where Summit was the principal contractor, and her direct employer, Santiago Zelaya, failed to provide workers' compensation insurance. Summit contended Ms. Sanabria had waived her right to recover benefits. The Court, reviewing the case file, found Ms. Sanabria established she would likely prevail, determining that Summit, as the principal contractor, was liable for the benefits. The Court ordered Summit to provide medical treatment and pay $10,182.86 in past due temporary disability benefits to Ms. Sanabria for the period from August 1, 2014, to January 8, 2015.

Workplace InjuryTemporary Disability BenefitsMedical BenefitsPrincipal Contractor LiabilitySubcontractor InsuranceExpedited HearingCalcaneal FractureLadder FallConstruction Site AccidentWage Determination
References
5
Case No. MISSING
Regular Panel Decision

Texas Industrial Contractors, Inc. v. Ammean

Richard J. Ammean sued Texas Industrial Contractors, Inc. (Texas Contractors) and Bayer Corporation for a back injury sustained at work. Ammean, an employee of Texas Contractors working on Bayer's premises, had previously received workers' compensation benefits from Texas Contractors' insurer. The appellate court reversed the judgment against Texas Contractors, ruling Ammean's claim was barred by the exclusive remedy provision of the Texas Workers’ Compensation Act due to his receipt of benefits. However, the court affirmed the judgment against Bayer, finding sufficient evidence to support the jury's finding that Bayer's negligence, through its supervisory control and its employee forklift driver, proximately caused Ammean's injury. The court also upheld the jury's damage award for future loss of earning capacity against Bayer.

Workers' CompensationExclusive Remedy ProvisionNegligenceBorrowed Servant DoctrinePremises LiabilityAppellate ReviewSufficiency of EvidenceJury InstructionsLoss of Earning CapacityEmployer Liability
References
18
Case No. MISSING
Regular Panel Decision
Nov 13, 2000

Rosenberg v. Ben Krupinski General Contractors, Inc.

Robert Rosenberg, an employee of an alarm company, was allegedly injured after tripping over cardboard at a construction site. He and his wife sued Ben Krupinski General Contractors, Inc. (the general contractor) and Dave Mims Fifth Generation Painting Contractors (a subcontractor) under Labor Law §§ 200 and 241 (6). The Supreme Court granted summary judgment to Mims but denied Krupinski's motion for similar relief. On appeal, the order was modified; Krupinski's motion for summary judgment dismissing the Labor Law § 200 claim was granted, as Krupinski established it had no authority to control the activity causing the injury. However, the motion for summary judgment on the Labor Law § 241 (6) claim was properly denied due to triable issues of fact regarding whether the accident occurred in a passageway or work area and whether specific regulations (12 NYCRR 23-1.7 (e) (1) or (2)) were violated, and whether Krupinski was still the general contractor at the time of the accident.

Personal InjuryConstruction AccidentGeneral Contractor LiabilitySummary JudgmentSafe Place to WorkAppellate DivisionTriable Issue of FactLabor Law CompliancePremises LiabilitySubcontractor
References
3
Case No. 05-14-01448-CV
Regular Panel Decision
May 26, 2015

Delores Rubio, as Personal Representative of the Estate of Willie Pedro Rubio, Jr. v. Excell Electrical Contractors, Inc.

This order addresses an appeal initially dismissed due to the appellant's failure to pay for the clerk's record. Appellant Delores Rubio, representing the estate of Willie Pedro Rubio, Jr., filed a motion for reinstatement and abatement. The appellant sought to abate the appeal to allow for the resolution of a dispute concerning workers' compensation death benefits through an administrative process, involving the appellee's insurer, Service Lloyd Insurance Co. The trial court had previously granted summary judgment to Excell Electrical Contractors, Inc., concluding that the appellant, as the deceased's parent, could not recover exemplary damages for wrongful death, as workers' compensation benefits constituted her sole remedy. The Court of Appeals granted the motion, vacated its prior dismissal, and reinstated the appeal. Additionally, the court ordered the appellant to provide verification regarding the reporter's record and a status report on the administrative contested case hearing.

appellate proceduremotion for reinstatementabatementworkers' compensation benefitsexemplary damageswrongful deathclerk's recordreporter's recordsummary judgmentadministrative process
References
2
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