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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

Hason v. Department of Health

The petitioner, a physician, sought review of a determination by the Administrative Review Board for Professional Medical Conduct (ARB) which suspended his medical license. The ARB's decision was based on a prior California Board finding that the petitioner's ability to practice medicine was impaired by mental illness (bipolar affective disorder and narcissistic personality disorder). The court upheld the ARB's finding of professional misconduct, applying collateral estoppel to the California determination. However, the court found the penalty imposed by the ARB—a one-year suspension "and thereafter until such time as [petitioner] can demonstrate his fitness to practice medicine"—was not authorized by Public Health Law § 230-a. Consequently, the court modified the determination by annulling the penalty and remitted the matter to the ARB for the imposition of a statutorily appropriate penalty.

Medical License SuspensionProfessional MisconductPsychiatric ImpairmentMental IllnessBipolar Affective DisorderNarcissistic Personality DisorderCollateral EstoppelArticle 78 ProceedingAdministrative ReviewPenalty Annulment
References
26
Case No. M2021-01141-SC-R3-BP
Regular Panel Decision
Jun 06, 2022

Board of Professional Responsibility of the Supreme Court of Tennessee v. Candes Vonniest Prewitt

This case involves an appeal to the Supreme Court of Tennessee concerning attorney Candes Vonniest Prewitt's professional misconduct. A hearing panel found Prewitt violated multiple Rules of Professional Conduct, including failures in expert disclosures, conflicts of interest due to a romantic relationship with her client, and improper withdrawal from representation. The Chancery Court affirmed these findings and the imposed sanctions, which included a thirty-day suspension, additional ethics education, and a practice monitor. The Supreme Court of Tennessee subsequently affirmed the decisions of both the hearing panel and the trial court, upholding the findings of misconduct and the disciplinary actions.

Attorney DisciplineProfessional MisconductConflict of InterestRules of Professional ConductAttorney CompetenceDiligenceWithdrawal from RepresentationExpert DisclosureLegal EthicsSanctions
References
33
Case No. MISSING
Regular Panel Decision

Addei v. State Board for Professional Medical Conduct

A surgeon's medical license was revoked by the State Board for Professional Medical Conduct due to findings of moral unfitness from sexual harassment of co-workers and fraudulent practice on employment applications. The petitioner challenged this determination via a CPLR article 78 proceeding. The court upheld the Committee's jurisdiction and the findings of moral unfitness and fraud, dismissing claims of statutory vagueness. However, the court deemed the penalty of license revocation excessively harsh and "shocking to one’s sense of fairness" given mitigating factors, equivocal findings on the fraud charge, and no impact on patient care. Consequently, the court indicated that the severe penalty should not stand.

Professional MisconductLicense RevocationMoral UnfitnessFraudulent PracticeSexual HarassmentEmployment ApplicationsDue ProcessVague StatuteDisproportionate PenaltyCPLR Article 78
References
10
Case No. 13-01-00119-CV
Regular Panel Decision
Jun 06, 2002

McAllen Police Officer's Union and the City of McAllen, Texas v. Ricardo Tamez, Individually and as President of the McAllen Professional Law Enforcement Association, and McAllen Professional Law Enforcement Association

The City of McAllen and the McAllen Police Officers Union (appellants) appealed a district court order compelling an election to determine the exclusive bargaining agent for the city's police officers. The Thirteenth District Court of Appeals in Texas reversed the trial court's decision. The appellate court held that selection by petition is a proper method for designating a bargaining agent and found no evidence of coercion in the petition's circulation. It further concluded that the appellees, Ricardo Tamez and the McAllen Professional Law Enforcement Association, failed to provide 'substantial support' to warrant an election, thus denying their requests for a declaratory judgment and a writ of mandamus.

Collective BargainingPolice UnionLabor LawElectionPetitionSupervisor InfluenceMajority RepresentationTexas Local Government CodeNational Labor Relations ActAppellate Review
References
26
Case No. 03-08-00288-CV
Regular Panel Decision
Oct 24, 2008

Texas Society of Professional Engineers v. Texas Board of Architectural Examiners and Cathy Hendricks, Executive Director

The Texas Society of Professional Engineers appealed the trial court's partial grant of a plea to the jurisdiction filed by the Texas Board of Architectural Examiners (TBAE) and its Executive Director. The Society sought declaratory and injunctive relief to prevent the TBAE from initiating enforcement proceedings against licensed engineers for alleged violations of the Architecture Practice Act, asserting engineers are exempt and TBAE lacks jurisdiction. The trial court granted the plea in part, ruling it lacked jurisdiction over most claims except those challenging TBAE rules. The Court of Appeals affirmed this order, concluding the Society lacked associational standing to pursue the broad relief requested under the Uniform Declaratory Judgments Act. This was because such claims required a fact-intensive, case-by-case analysis of individual engineers' conduct, not pure issues of law.

JurisdictionAssociational StandingDeclaratory JudgmentInjunctive ReliefPlea to the JurisdictionProfessional LicensingArchitectureEngineeringAdministrative LawRegulatory Authority
References
14
Case No. 2019-02-0551
Regular Panel Decision
Apr 12, 2021

Maples, David ( McClain, Codi) v. Professional Personnel Services

This case involves Codi McClain, son of deceased employee David Maples, seeking death benefits from Professional Personnel Services and American Zurich. Mr. Maples died on December 16, 2017, after a work-related fall. Although funeral expenses were voluntarily paid by Professional Personnel, the claim for death benefits was later denied by American Zurich. McClain filed a Petition for Benefit Determination on November 18, 2019, almost two years after Mr. Maples's death. Professional Personnel Services filed a Motion for Summary Judgment, arguing that McClain failed to file within the one-year statute of limitations. The Court determined that McClain's reason for the late filing (difficulty hiring an attorney) was insufficient to toll the statute. Consequently, the Court granted the motion for summary judgment, dismissing McClain's claim with prejudice.

Summary JudgmentStatute of LimitationsDeath BenefitsTimeliness of FilingWorkers' Compensation ClaimMotion to DismissLegal ProcedureAppellate RightsCourt of Workers’ Compensation ClaimsPrejudice Dismissal
References
1
Case No. MISSING
Regular Panel Decision

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
Case No. 03-14-00552-CV
Regular Panel Decision
Mar 06, 2015

Raghunath Dass, P.E. v. Texas Board of Professional Engineers

Appellant Raghunath Dass, PE, appeals sanctions imposed by the Texas Board of Professional Engineers (TBPE) for alleged violations of the Texas Engineering Practices Act. Dass asserts the TBPE lacked jurisdiction over the case facts and authority to amend its final order while under judicial review. He argues that the TBPE's amended final order is void because the agency modified a decision during judicial review. Additionally, Dass contends the TBPE lacks subject-matter jurisdiction to regulate construction material testing (CMT), which he argues is not "professional engineering." He also challenges the TBPE's authority to restrict competitive bidding for CMT and asserts that the 2005/2009 CME Policy Advisory Opinion, relied upon by the Board, is an invalid and unenforceable standard not promulgated under the Administrative Procedure Act. Finally, Dass argues that even if the testing was Construction Materials Engineering (CME), Naismith Engineering, not Dass, was the supervising engineer for the project.

Engineering RegulationProfessional ConductLicensing SanctionsAdministrative OverreachStatutory InterpretationPublic Works ProjectsRegulatory ComplianceJudicial OversightAgency Rules ValidityProfessional Responsibility
References
16
Case No. 11-04-00191-CV
Regular Panel Decision
Dec 01, 2005

Fernando Morales v. Martin Resources, Inc., Martin Operating Partnership, L.P., and Select Professional Staffing

Fernando Morales, a temporary employee, sued Martin Resources, Inc., Martin Operating Partnership, L.P., and Select Professional Staffing for negligence after sustaining a hand injury at Martin Resources' Odessa facility. The trial court initially granted summary judgment to the defendants, citing the exclusive remedy provision of the Texas Workers' Compensation Act (TWCA). On appeal, the Eleventh Court of Appeals reviewed whether the defendants had sufficiently proven their workers' compensation insurance coverage, a necessary condition for the exclusive remedy provision to apply. The court found that neither Select Professional Staffing nor Martin Resources, Inc. provided adequate evidence of explicit workers' compensation coverage for themselves. Consequently, the appellate court reversed the trial court's summary judgment and remanded the case for further proceedings, emphasizing the burden of proof for establishing affirmative defenses like the exclusive remedy provision.

Workers' Compensation ActExclusive RemedySummary Judgment ReversalTemporary EmployeesStaff LeasingNegligence ClaimsAppellate Court DecisionInsurance Coverage DisputeEmployer LiabilityTexas Labor Law
References
8
Case No. MISSING
Regular Panel Decision

Domino v. Professional Consulting, Inc.

Gregory Domino, a carpenter employed by Carlin Contracting Co., Inc., was injured while working on a Village of Mount Kisco water treatment facility, allegedly due to the installation of floor panels hoisted by a crane owned by Smedley Crane Service, Inc. He and his wife commenced an action for personal injuries against Professional Consulting, Inc. (PCI), the construction manager, and Smedley. The Supreme Court initially granted summary judgment to PCI, finding it was not a "contractor" or "owner" under Labor Law sections 240(1) or 241, nor liable under Labor Law section 200 or common-law negligence due to lack of supervisory authority. The appellate court affirmed this part of the decision, noting PCI's contracts expressly precluded it from supervising the work or safety procedures. However, the Supreme Court erred in granting summary judgment to Smedley, as Smedley failed to establish it lacked authority to control or supervise the crane's rigging activity, thus the appellate court reversed that portion of the decision.

Construction AccidentLabor LawSummary JudgmentReargumentConstruction Manager LiabilityCrane OperationWorker SafetyAgency LawStatutory LiabilityPremises Liability
References
12
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