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Case Law Database

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

Case No. 07-15-00113-CV
Regular Panel Decision
Nov 18, 2016

Mohammed Fawwaz Shoukfeh, M.D., P.A., D/B/A Texas Cardiac Center v. James G. Grattan and Texas Workforce Commission

Dr. Grattan filed a wage claim against Mohammed Fawwaz Shoukfeh, M.D., P.A., d/b/a Texas Cardiac Center (TCC) under the Texas Payday Act, alleging miscalculation of his pro rata share of overhead expenses. The dispute arose because TCC included Dr. Qaddour's salary in overhead but excluded him from the pro rata division among physicians for expense calculation. After various appeals, the Texas Workforce Commission ultimately awarded Dr. Grattan $125,988.81 in unpaid wages. TCC then sought a trial de novo, where the 99th District Court granted summary judgment in favor of Dr. Grattan and the TWC. The Seventh District Court of Appeals affirmed the trial court's judgment, concluding there was substantial evidence that Dr. Grattan's employment agreement did not permit TCC to deduct more than a pro rata share based on all physicians employed.

Wage claimTexas Payday ActEmployment agreementOverhead expensesPro rata shareSummary judgmentAppellate reviewSubstantial evidenceContract interpretationPhysician compensation
References
23
Case No. MISSING
Regular Panel Decision

Brock v. Mack Trucks, Inc.

This case involves an appeal concerning a settlement from a product liability action, specifically regarding the entitlement of the plaintiff's attorneys to a pro rata share of counsel fees from the Special Disability Fund. In the original settlement, plaintiff Leonard Brock assigned claims against the Fund to his attorneys, Pattison, Sampson, Ginsberg & Griffin, P. C., while Liberty Mutual Insurance Company waived its workers' compensation lien. Supreme Court initially ruled that Liberty Mutual's lien waiver precluded any further claims against the Fund for attorney fees. However, the appellate court reversed this decision, holding that the Special Disability Fund benefited from the plaintiff's litigation by being relieved of its liability to Liberty Mutual for payments after 104 weeks of disability. Consequently, the Fund is liable for a pro rata share of the litigation expenses, and the matter was remitted to Supreme Court for further proceedings to determine this benefit.

Product LiabilityWorkers' Compensation LawSpecial Disability FundAttorney FeesSettlement AgreementLien WaiverPro Rata ShareReimbursementAppellate ReviewUnjust Enrichment
References
2
Case No. MISSING
Regular Panel Decision

Carminucci v. Pepsico, Inc.

The intervener plaintiff Madrone Excavating Company, Inc., by its subrogee ITT Hartford Accident Indemnity Company appealed an order from the Supreme Court, Westchester County. The original order determined that New York Workers’ Compensation Law applied, denying full reimbursement to ITT Hartford for benefits paid to Mark T. Carminucci and compelling ITT Hartford to pay a pro rata share of litigation expenses. The appellate court reversed, ruling that Connecticut law applies because benefits were paid under Connecticut's Workers’ Compensation Act. Under Connecticut law, ITT Hartford, as subrogee, is entitled to full reimbursement of both past and the present value of future workers’ compensation benefits. The court further held that ITT Hartford is not required to share litigation expenses on a pro rata basis. The case was remitted to the Supreme Court for a hearing to determine the total reimbursement amount.

Workers' CompensationSubrogationReimbursementChoice of LawConnecticut LawNew York LawPersonal InjuryMotor Vehicle AccidentAppellate ReviewLitigation Expenses
References
5
Case No. MISSING
Regular Panel Decision

Ochal v. Television Technology Corp.

David Ochal suffered severe electrocution injuries in a work-related accident in February 1988. His personal injury action was settled by stipulation in November 1999, which included a structured settlement and an agreement by a third-party defendant to pay $50,000, waive a substantial workers' compensation lien, and cover pre-settlement medical bills. In May 2004, Ochal moved to enforce the stipulation, seeking payment for approximately $20,000 in medical bills and a pro rata share of litigation costs from the third-party defendant's workers' compensation carrier. The Supreme Court denied his motion, and Ochal appealed. The appellate court affirmed the denial, ruling that Ochal had breached the implied covenant of good faith and fair dealing by submitting medical bills 4.5 years post-settlement and that his claim for pro rata litigation costs lacked merit due to his failure to reserve this right during the settlement.

Structured SettlementStipulation of SettlementContract InterpretationImplied Covenant of Good Faith and Fair DealingWorkers' Compensation LienMedical BillsPro Rata Share of Litigation CostsAppellate ReviewBreach of ContractWaiver of Rights
References
10
Case No. 2022-01-0054
Regular Panel Decision
Feb 13, 2023

Espinosa, Rodolfo v. Maestro’s Pro Services, LLC

Laura Estrella de Espinosa sought death benefits following the passing of her husband, Rodolfo Espinosa, who died from heatstroke while employed by Maestro’s Pro Services, LLC. The employer, being uninsured for workers’ compensation, did not appear at the hearing. Mrs. Espinosa testified regarding her husband’s work and the circumstances leading to his death. However, the Court concluded that she failed to meet her burden of proof by not providing expert medical testimony establishing that her husband's death arose primarily out of and in the course and scope of employment, specifically that the work-related cause contributed more than fifty percent. Consequently, the Court denied the requested benefits, though it did tax the filing fee against Maestro’s Pro Services.

Workers' CompensationDeath BenefitsHeatstrokeCardiac ArrestMedical CausationBurden of ProofUninsured EmployerEmployee DeathTennessee LawFactual Insufficiency
References
0
Case No. NO. 12-09-00283-CV
Regular Panel Decision
Feb 28, 2011

the Glidden Company D/B/A ICI Paints, Appellant/Cross-Appellee v. CDNE, Inc. D/B/A All Pro Services, Appellee/Cross-Appellant

The Glidden Company appealed a trial court judgment awarding CDNE, Inc. damages for defective paint and attorney's fees, while All Pro Services cross-appealed regarding Glidden's award. The primary dispute centered on interpreting the 1582 Agreement concerning reimbursement for remediation costs incurred due to failed paint. The appellate court found the term 'costs' ambiguous and upheld the trial court's decision that All Pro Services was entitled to reimbursement at a rate of $32.50 per hour, including overtime. The court also affirmed that Glidden had effectively disclaimed consequential damages and that the replacement paint was not provided free of charge. However, the court reversed and remanded the case for reconsideration of Glidden's attorney's fees.

Contract InterpretationBreach of ContractConsequential DamagesAttorney's FeesContract AmbiguityReimbursementOvertime WagesDisclaimer ClauseSales AgreementPainting Contract
References
59
Case No. 02-23-00271-CV
Regular Panel Decision
May 02, 2024

Russell Scott Donaldson, as Next Friend of His Grandchildren: L.A., R.A., A.A. and R.S.A., the Heirs of Robert John Aquino, III v. Pro-Craft General Contractors, Inc.

Robert John Aquino, III, sued his employer, Pro-Craft General Contractors, Inc., for premises liability and employment-related negligence after sustaining an injury from a nail at a worksite. The trial court granted a no-evidence summary judgment on the premises liability claim and a take-nothing judgment on all claims, despite the motion only addressing premises liability. Aquino's heirs, through their next friend, appealed, contending that evidence existed to create a fact issue on the premises liability claim and that the judgment on the negligence claim exceeded the scope of the motion. The appellate court found that Aquino's deposition testimony provided more than a scintilla of evidence that Pro-Craft's crew created the dangerous condition, thus supporting an inference of knowledge. Additionally, the court ruled that the summary judgment on the negligence claim was erroneous as it was not addressed in the underlying motion. The trial court's summary judgment was therefore reversed, and the case was remanded for further proceedings.

Premises LiabilityEmployment NegligenceSummary JudgmentNo-Evidence MotionDangerous ConditionEmployer LiabilityTexas Appellate LawAppellate ReviewCase ReversalCase Remand
References
20
Case No. MISSING
Regular Panel Decision
Feb 28, 1991

North River Insurance v. United National Insurance

This appellate decision addresses the apportionment of liability between North River Insurance Co. and United National Insurance Company arising from a settlement for an injured employee. The court clarified that North River, as the workers' compensation carrier, is solely responsible for its waived lien, reversing a lower court's finding. It further determined that both insurers' "other insurance" clauses called for pro rata contribution, not equal shares, for the $588,245 settlement payment and defense costs. The court calculated specific shares for each insurer and ruled that North River is entitled to interest from the original payment date in 1982. The Supreme Court's order was thus modified to reflect these findings.

Insurance disputePro rata contributionEquitable apportionmentWorkers' compensation lienDefense costsOther insurance clausesSettlement apportionmentInterest calculationAppellate decisionInsurer liability
References
10
Case No. MISSING
Regular Panel Decision

Olivo v. Olivo

The New York Court of Appeals addressed two cases, Tan-chick v Tanchick and Olivo v Olivo, concerning the equitable distribution of early retirement incentive packages accepted by former husbands post-divorce. The incentive package from Eastman Kodak Company included an Enhanced Retirement Income Benefit, a Social Security Bridge Payment, and a separation payment. The court ruled that generally, post-divorce early retirement incentives are not marital property and thus not subject to equitable distribution. However, the portion of the package that specifically enhances pension benefits is considered marital property. Consequently, the Appellate Division's order in Tan-chick v Tanchick, which denied the former wife rights to the Social Security Bridge Payment and separation allowance, was affirmed. In Olivo v Olivo, the Appellate Division's order was modified to allow the former wife to share in the enhanced retirement income benefit, calculating her pro rata share against the pension actually obtained.

Equitable DistributionMarital PropertyPension BenefitsEarly Retirement IncentiveQualified Domestic Relations OrderDeferred CompensationPost-Divorce AssetsSpousal RightsEastman Kodak CompanyNY Court of Appeals Precedent
References
5
Case No. E2000-01750-COA-R3-CV
Regular Panel Decision
Jan 05, 2001

Melissa Suzanne Dew v. ProTemp

This case concerns Melissa Suzanne Dew's appeal against Pro-Temp, a temporary employment agency, following a grant of summary judgment in a retaliatory discharge claim. Dew alleged that Pro-Temp terminated her employment in retaliation for asserting worker's compensation rights after a work-related finger injury. The Trial Court ruled that Dew failed to establish that Pro-Temp terminated her employment or that there was a causal connection between her worker's compensation claim and her removal from an assignment at Eagle Bend Manufacturing, Inc. The Court of Appeals affirmed the summary judgment, finding that Pro-Temp successfully negated the essential elements of Dew's claim, including the termination of employment and the causal link, as Dew was offered other assignments and later placed in a permanent position with another company with Pro-Temp's assistance, and Pro-Temp was unaware of her pending surgery at the time of her removal from Eagle Bend.

Retaliatory dischargeWorkers' compensation claimSummary judgmentEmployment terminationCausal connectionWork performanceTemporary employmentEmployer liabilityCourt of AppealsAffirmed judgment
References
14
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