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

Case No. CH-04-005
Regular Panel Decision

Estate of McFerren v. Infinity Transport, LLC

Dennis McFerren filed two workers' compensation lawsuits against Infinity Transport, LLC. The first suit was plagued by insufficient service of process. The second suit led to a default judgment for McFerren, which the trial court later set aside, dismissing the complaint based on the doctrine of prior suit pending. The Special Workers’ Compensation Appeals Panel found that the first court lacked personal jurisdiction due to defective service, thus the prior suit pending doctrine did not apply. The Panel reversed the trial court's decision, remanding for reinstatement of the default judgment. The Supreme Court denied the defendant's motion for review and affirmed the Panel's findings.

Workers' CompensationService of ProcessPersonal JurisdictionPrior Suit PendingDefault JudgmentTennessee Rules of Civil Procedure 4.03Lost LetterChancery CourtAppellate ReviewJurisdiction
References
6
Case No. MISSING
Regular Panel Decision

Wheeler v. Employers Mutual Liability Insurance Co. of Wisconsin

This case concerns an appeal filed by Cecil Wheeler, as guardian for Edward N. Prince, Jr., challenging an order from the Shelby County District Court. The lower court had denied Prince's motion for summary judgment and abated his lawsuit, which sought to mature a worker's compensation award from the Industrial Accident Board. This action was taken pending the final determination of a prior suit filed by the insurance carrier, Employers Mutual Liability Insurance Company of Wisconsin, in Madison County to set aside the same IAB award. Employers Mutual moved to dismiss the current appeal, arguing the Shelby County order was interlocutory and non-appealable. The appellate court affirmed, stating that a court's authority to abate an action on its own motion does not render the order void, especially when made aware of a prior pending suit with identical parties and issues. The court also reiterated that interlocutory appeals from orders denying summary judgment are prohibited in Texas, thus dismissing the appeal for lack of jurisdiction.

Interlocutory OrderSummary Judgment DenialAbatement of ActionJurisdiction DisputeWorkers' Compensation ClaimAppeal DismissalMultiplicity of SuitsPrior Pending ActionDominant JurisdictionTexas Civil Procedure
References
5
Case No. MISSING
Regular Panel Decision

Danielson v. Joint Board of Coat, Suit & Allied Garment Workers Unions, ILGWU

The Regional Director of the National Labor Relations Board filed a petition for a temporary injunction against the Joint Board of Coat, Suit and Allied Garment Workers Union, ILGWU, AFL-CIO. This action stemmed from a charge by Hazantown, Inc., alleging the Joint Board engaged in unfair labor practices by picketing for recognition without filing an election petition within the statutory thirty-day period. Hazantown, a New York garment manufacturer utilizing contractors, became the target of picketing aimed at securing a "jobbers' agreement," which would obligate Hazantown to deal exclusively with union contractors, despite the Joint Board's disclaimer of interest in representing Hazantown's direct employees. The picketing demonstrably hindered Hazantown's business operations by inducing a stoppage of deliveries. Despite the complex statutory interpretation issues regarding Sections 8(b)(7)(C) and 8(e) of the National Labor Relations Act, the District Court, acknowledging its narrow jurisdiction, found "reasonable cause" to believe an unfair labor practice had occurred. Consequently, to maintain the status quo pending a full adjudication by the Board, the court granted the temporary injunction.

National Labor Relations ActUnfair Labor PracticeTemporary InjunctionPicketingLabor Union RecognitionGarment Industry ExemptionJobber's AgreementNLRA Section 8(b)(7)(C)NLRA Section 8(e)District Court Jurisdiction
References
7
Case No. MISSING
Regular Panel Decision

R.M. Perlman Inc. v. New York Coat, Suit, Dresses, Rainwear & Allied Workers' Union Local 89-22-1

This case involves R.M. Perlman, d/b/a Rebecca Moses Collection (RMC), a garment industry employer, suing two labor unions, Local 89-22-1 and the International Ladies Garment Workers’ Union. The suit stemmed from picketing aimed at compelling RMC to enter into a Hazantown Agreement, which RMC alleged involved violence and caused substantial losses. The amended complaint included federal claims under the National Labor Relations Act and state law claims such as prima facie tort, intentional interference with contractual relations, and defamation. The defendants moved to dismiss the state law claims, arguing federal preemption and RMC's failure to meet New York's specific pleading requirements for actions against unincorporated associations. The court found the state law claims were not preempted due to allegations of violent picketing, aligning with exceptions to federal preemption. However, the court ultimately granted the dismissal of the state law claims (counts two through seven) because RMC failed to allege that every single union member authorized or ratified the violent acts, as required by the New York Court of Appeals decision in Martin v. Curran. Additionally, the individual defendants Byer and Mazur were dismissed because the remaining federal claim under the Labor-Management Relations Act does not allow for individual liability. A motion to dismiss Rebecca Moses as a plaintiff was denied, pending further evidence on her standing. Plaintiffs were granted thirty days to replead the dismissed state law claims.

Labor LawFederal PreemptionState Law ClaimsUnincorporated AssociationsUnion LiabilityViolent PicketingHazantown AgreementMotion to DismissNational Labor Relations ActLabor Management Relations Act
References
31
Case No. MISSING
Regular Panel Decision

Anderson v. Texas General Indemnity Co.

Leonard Anderson, an injured employee, appealed from the dismissal of his Tarrant County suit, which aimed to set aside an Industrial Accident Board award. The dismissal was prompted by a prior suit filed by Texas General Indemnity Co. in Dallas County concerning the same award. The court determined that the appropriate action for the Tarrant County court should have been abatement, not outright dismissal, pending the resolution of the Dallas County suit. Consequently, the appellate court reversed the trial court's dismissal order and remanded the case for further proceedings consistent with this opinion.

Workers' CompensationAppealDismissalAbatementJurisdictionInter-county disputeTexas Workers' Compensation LawReversalRemandIndustrial Accident Board
References
1
Case No. MISSING
Regular Panel Decision

West v. Vought Aircraft Industries, Inc.

This Tennessee Supreme Court opinion consolidates two workers' compensation appeals, West v. Vought Aircraft Industries, Inc. and Thompson v. Peterbilt Motor Co., to clarify when a lawsuit becomes 'pending' for the prior suit pending doctrine. The court ruled that an action is 'pending' from the moment the complaint is filed, provided personal jurisdiction is later acquired. Applying this, Vought's lawsuit in Davidson County was deemed to have priority over West's in Smith County, leading to the remand of West's case for dismissal. Thompson's appeal was dismissed as moot because the underlying Davidson County case had already reached a final judgment. The court also highlighted concerns regarding the 'race to the courthouse' phenomenon in workers' compensation litigation, suggesting legislative reform.

Prior Suit Pending DoctrineJurisdictionComplaint FilingService of ProcessMootnessConsolidated AppealsJudicial ProcedureAppellate ProcedureStatutory InterpretationForum Selection
References
27
Case No. MISSING
Regular Panel Decision

Trinity Universal Ins. Co. v. Rose

W. C. Rose, an employee, filed a workman's compensation suit against Trinity Universal Insurance Company after sustaining a permanent back injury on August 23, 1947. Rose was awarded total permanent disability by the trial court, a decision appealed by the insurance company. The appellant argued that the jury's finding of permanent disability was contrary to the evidence and that jury misconduct occurred due to jurors concealing prior back injuries during voir dire. The appellate court affirmed the trial court's judgment, stating that continued employment post-injury does not negate total permanent disability. It also found no reversible error regarding the alleged jury misconduct, as specific questions about back injuries were not asked, and the appellant failed to prove prior ignorance of the jurors' conditions.

Workers' CompensationTotal Permanent DisabilityBack InjuryJury MisconductAppellate ReviewEvidentiary SufficiencyEarning CapacityInsurance DisputeTexas LawTrial Court Affirmation
References
11
Case No. MISSING
Regular Panel Decision

Grota v. Holcombe

E. F. Grota, a warrant officer for the Corporation Court of the City of Houston, was dismissed from his position by the City Secretary, acting under the authority of Mayor Holcombe. Grota alleged his dismissal, purportedly for economic reasons, was actually politically motivated due to his vote against the mayor. He filed a suit seeking a writ of mandamus to compel the Civil Service Commission to grant him a hearing for reinstatement, an injunction against Mayor Holcombe to prevent interference, and a money judgment against the City of Houston for lost salary. The trial court sustained a general demurrer and special exceptions, dismissing Grota's suit. The appellate court, relying on a prior precedent (Ellis v. Holcombe et al.), reversed the trial court's decision, holding that Grota was entitled to a hearing by the Civil Service Commission and, if wrongfully dismissed, reinstatement and recovery of back salary.

Civil ServiceMandamusInjunctionWrongful DismissalPolice ServiceMunicipal GovernmentDue ProcessReinstatementBack PayGeneral Demurrer
References
1
Case No. ADJ6966334
Regular
Jan 12, 2012

WALTER CADENA vs. UNITED CARRIER, APPLIED RISK SERVICES

Lien claimants sought reconsideration of an order compelling a deposition, arguing it violated a prior consolidation order. The Board dismissed the reconsideration petition as the Minute Order was not a final decision. However, the Board granted removal to allow Associate Chief Judge Kahn to clarify if his prior consolidation order applied to the deposition. The deposition order is suspended pending ACJ Kahn's review and advisement within 20 days.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder of Consolidation for DiscoveryAdministrative Law JudgeAssociate Chief JudgeMinute OrderDepositionLien ClaimantsDiscovery Matters
References
4
Case No. 05-19154-jf
Regular Panel Decision

In Re the Bridge to Life, Inc.

The Bridge To Life, Inc. ("Bridge") filed a Chapter 11 petition for the second time, despite a prior dismissal with prejudice. The court sua sponte dismissed the second case, leading Bridge to file a motion for reconsideration or, alternatively, a stay pending appeal. Bridge argued that the bar to refiling no longer applied as the underlying state court action against it had been dismissed. The court denied Bridge's motion, ruling that the refiling violated a prior injunction and constituted a misuse of Chapter 11. The court found that Bridge's Chapter 11 filings were primarily litigation tactics to gain advantage in a two-party dispute with William Lucadamo and to avoid enforcement of a sanctions judgment, rather than for legitimate reorganization purposes. The court emphasized that Chapter 11 should not be used to frustrate non-bankruptcy forums or to avoid supersedeas bonds.

BankruptcyChapter 11Motion for ReconsiderationStay Pending AppealBad Faith FilingLitigation TacticTwo-Party DisputePrior DismissalInjunction ViolationSanctions Judgment
References
19
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