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Case Law Database

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

Case No. 03-94-00668-CV
Regular Panel Decision
Jun 21, 1995

Alicia Moreno v. Liberty Mutual Fire Insurance Company

Alicia Moreno appealed an adverse default judgment by writ of error against Liberty Mutual Fire Insurance Company. The appeal challenged a district court's default judgment that set aside a workers' compensation award previously granted to Moreno by the Workers' Compensation Commission. Moreno raised several points of error, including non-compliance of the citation with Texas Rule of Civil Procedure 16 (regarding endorsement of receipt date/hour), the return's failure to show server authorization, a discrepancy between the service address and the citation's address, and non-compliance with Texas Rule of Civil Procedure 239a concerning notice of default judgment. The appellate court affirmed the default judgment, ruling that minor citation errors were not grounds for reversal, official signatures on returns fulfilled authorization requirements, and address discrepancies did not void service. It also held that Rule 239a violations should be challenged in a bill of review, not a writ of error, and clarified that due process concerns under *Peralta* apply only where a defendant was not served with process.

Default JudgmentWrit of ErrorWorkers' CompensationProcedural RulesService of ProcessCitationDue ProcessBill of ReviewAppellate ReviewTexas Rules of Civil Procedure
References
20
Case No. 03-93-00675-CR, 03-93-00678-CR
Regular Panel Decision
May 17, 1995

Jerome Wolf v. State

Appellants Jerome Wolf and Gary Newsome were convicted of engaging in organized criminal activity related to workers' compensation insurance fraud through their company, Metro Financial Group, Inc., d/b/a ATS, Inc. They appealed, raising nine points of error, including challenges to the sufficiency of evidence regarding intent to appropriate property, ownership of the property, and its value, as well as procedural errors in amending indictments and admitting evidence. The Court of Appeals found ample evidence of deception, beginning with misrepresentations in the initial application to the Texas Workers' Compensation Assigned Risk Pool and continuing through false payroll reports and refusal to cooperate with audits. The court concluded that a rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt and that any procedural errors were harmless. Consequently, the judgments of the trial court were affirmed on all counts.

Organized Criminal ActivityWorkers' Compensation FraudInsurance TheftSufficiency of EvidenceIndictment AmendmentBusiness Records AdmissibilityProsecutorial MisconductCriminal AppealDeceptionEmployee Leasing Fraud
References
19
Case No. M2012-02263-CCA-R3-CD
Regular Panel Decision
Apr 25, 2014

State of Tennessee v. Ronald W. Damon

Ronald W. Damon was convicted in Rutherford County Circuit Court of two counts of especially aggravated kidnapping, aggravated robbery, aggravated burglary, and conspiracy to commit aggravated burglary. He was subsequently sentenced to an effective seventy-three years. On appeal, Damon raised multiple issues, including the sufficiency of the evidence, the trial court's denial of his motion for acquittal or a new trial, alleged errors in trial procedure (like an eight-day break), exclusion of 9-1-1 operator testimony, admission of an incriminating letter, admission of prior bad acts evidence, playing portions of his pretrial video statement, limitations on cross-examination, and various sentencing errors. The Court of Criminal Appeals of Tennessee affirmed the judgments of the trial court, finding that the evidence was sufficient to support the convictions, there were no reversible errors in trial procedure or evidence admission, and the trial court did not abuse its discretion in sentencing.

KidnappingRobberyBurglaryConspiracySufficiency of EvidenceSentencing ReviewConsecutive SentencesDangerous OffenderAlibi DefenseHearsay Exception
References
47
Case No. ADJ2867157 (VNO 0476310) ADJ4292086 (VNO 0470201)
Regular
Jan 05, 2012

TERESA VASQUEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a clerical error in a Workers' Compensation Appeals Board order. The Board inadvertently listed January 21, 2011, as the filing and service date for its December 21, 2011, opinion and orders. The correction order clarifies that the correct filing and service date was indeed December 21, 2011. This amendment is a procedural correction of a minor administrative mistake.

Workers' Compensation Appeals Boardclerical erroropinion and orderspetitions for reconsiderationremovalfiling and service datecorrect file datecorrect service dateADJ2867157VNO 0476310
References
0
Case No. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)
Regular
Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

This case involves a clerical error in the caption of a Workers' Compensation Appeals Board decision from July 19, 2019. The error resulted in the misidentification of adjudication numbers in the original decision. The Board is correcting this clerical error without granting reconsideration, as such errors can be amended at any time. The amended caption now accurately includes all relevant case numbers: ADJ7622191, ADJ10153210, ADJ3319380 (SAC 0227891)(MF), and ADJ4269417 (SAC 0286258).

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health
References
0
Case No. ADJ9105445
Regular
Dec 01, 2009

CHARLES STUMPH vs. COUNTY OF ORANGE, SHERIFF'S DEPARTMENT

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) opinion. The error involved misidentifying a defendant in the initial sentence of a paragraph. The WCAB has issued an order correcting this clerical error to accurately reflect that the applicant, Charles Stumph, entered into a compromise and release agreement with the County of Orange Sheriff's Department. This correction was made without granting further reconsideration, as such errors can be amended at any time. The Board's original decision rescinded the administrative law judge's findings and approved the compromise and release agreement.

Workers' Compensation Appeals BoardClerical ErrorReconsiderationLabor Code Section 132aFindings of Fact and OrderCompromise and ReleaseWCJWCAB Rule 10882Labor Code Section 5001Labor Code Section 5002
References
2
Case No. MISSING
Regular Panel Decision

State v. Hart

Doyle Hart was convicted of aggravated rape and incest. His stepdaughter, B.J., later recanted her trial testimony, leading Hart to file a petition for writ of error coram nobis for a new trial based on this newly discovered evidence. The trial court denied the petition, citing B.J.'s reassertion of her original testimony while in a mental health facility and the results of an unfavorable polygraph examination taken by Hart. The Court of Criminal Appeals reversed and remanded the case for a new evidentiary hearing. The appellate court found that the trial court improperly considered evidence outside the record, specifically B.J.'s post-hearing statements and the polygraph results, violating principles of judicial procedure and evidence.

Aggravated RapeIncestRecanted TestimonyWrit of Error Coram NobisNewly Discovered EvidenceJudicial MisconductEvidence Outside RecordPolygraph ExaminationCredibility AssessmentChild Abuse
References
33
Case No. ADJ1312021
Regular
Nov 01, 2013

GRICELDA AREVALOS vs. PERSONNEL PLUS, INC., LIBERTY MUTUAL INSURANCE

This Workers' Compensation Appeals Board order corrects clerical errors in a prior decision regarding Gricelda Arevalos's case. The errors involved an incorrect case number in the caption and an extra space within the case number later in the document. The Board is correcting these errors to reflect the accurate case number ADJ1312021 without further proceedings. This amendment ensures the official record is accurate.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORSORDER CORRECTINGPETITION FOR RECONSIDERATIONCASE NUMBER CORRECTIONADJ7430358ADJ0302021ADJ1312021SUPPLEMENTAL PROCEEDINGSCONTINGENT PROCEEDINGS
References
0
Case No. ADJ850699 (LAO 0861491)
Regular
Nov 07, 2008

Sigfredo Molina vs. Jeans of America, Everest National Insurance

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the Administrative Law Judge's Supplemental Findings and Orders. The Board found no error in the Judge proceeding with the hearing and issuing an award despite the defendant's repeated failure to appear at trial, finding no good cause was shown for their absence. The defendant's arguments regarding lack of due process and procedural errors were rejected as the Judge followed proper procedures by providing notice and opportunity to object after the defendant's non-appearance.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental FindingsTemporary Total DisabilityPermanent and StationaryPermanent DisabilityApportionmentLien ClaimsSelf-Procured Medical TreatmentSummary of Evidence
References
0
Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
0
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