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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

Continental Casualty Insurance Co. v. Functional Restoration Associates

Continental Casualty Insurance Company (Continental) sought judicial review after the Texas Workers’ Compensation Commission (Commission) affirmed a decision holding Continental liable for medical treatment costs provided by Functional Restoration Associates (FRA) and Productive Rehabilitation Institute of Dallas for Ergonomics (PRIDE) to an injured employee. The trial court dismissed Continental's suit, citing a lack of statutory basis for judicial review of the Division of Medical Review (DMR) decisions. On appeal, Continental argued for both statutory and inherent rights to judicial review. The appellate court found no explicit or implied statutory right but concluded that Continental had an inherent right to judicial review because the Commission's decision affected Continental’s vested property interest (money). The court also rejected the Commission's argument regarding untimely filing. Consequently, the court reversed the dismissal and remanded the case for further proceedings to determine if the Commission's decision was arbitrary and capricious or unsupported by substantial evidence.

Judicial ReviewMedical Benefits DisputeWorkers' CompensationAdministrative LawDue ProcessProperty RightsStatutory InterpretationRemandTexas LawAppellate Court
References
30
Case No. 03-97-00103-CV
Regular Panel Decision
Mar 12, 1998

Continental Casualty Insurance Company v. Functional Restoration Associates Texas Workers' Compensation Commission And Productive Rehabilitation Institute of Dallas for Ergonomics

Continental Casualty Insurance Company (Continental) appealed a trial court's dismissal of its lawsuit against Functional Restoration Associates (FRA), Productive Rehabilitation Institute of Dallas for Ergonomics (PRIDE), and the Texas Workers' Compensation Commission (Commission). Continental sought judicial review of a Commission decision holding it liable for medical costs for an injured employee, James Hood. The trial court had dismissed the suit, citing a lack of statutory jurisdiction for judicial review of Division of Medical Review (DMR) decisions. On appeal, Continental asserted both statutory and inherent bases for jurisdiction. The appellate court found no explicit or necessarily implied statutory right to judicial review of DMR decisions. However, it concluded that Continental possessed an inherent right to judicial review because the Commission's decision directly affected Continental's vested property interest in the money it was ordered to pay. Consequently, the appellate court reversed the trial court's judgment of dismissal and remanded the cause for further proceedings, including a review of whether the Commission's decision was arbitrary and capricious or unsupported by substantial evidence.

Workers' CompensationJudicial ReviewAdministrative LawDue ProcessVested Property RightsMedical Benefits DisputeAppellate JurisdictionTexas LawStatutory InterpretationSubstantial Evidence
References
28
Case No. MISSING
Regular Panel Decision

Union Carbide Corp. v. Synatzske

Justice Evelyn V. Keyes dissents from an en banc judgment affirming the denial of Union Carbide Corporation's motion to dismiss wrongful-death claims brought by the Emmites. The case concerns the death of Joseph Emmite, Sr., attributed to asbestos exposure, and the application of Civil Practice and Remedies Code Chapter 90, which mandates specific medical evidence for asbestos-related impairment claims. Justice Keyes argues that Chapter 90 is constitutional as applied, contending that the Emmites' "historic" pulmonary function test results were irrelevant and did not satisfy the statutory requirements. She believes the statute correctly bars claims from individuals without functional impairment, thus preserving resources for seriously ill claimants as intended by the Texas Legislature.

Asbestos LitigationWrongful DeathStatutory InterpretationConstitutional LawRetroactive ApplicationCivil Practice and Remedies CodePulmonary ImpairmentAsbestosisPublic InterestVested Rights
References
2
Case No. MISSING
Regular Panel Decision
Dec 17, 2007

Henderson v. New York City Transit Authority

Claimant, a New York City bus driver for nearly 20 years, filed for workers' compensation benefits, alleging that recurring exposure to exhaust fumes and dust at work caused severe asthma. Initial medical opinions conflicted, leading the Workers’ Compensation Law Judge to find a work-related exacerbation and permanent partial disability. The employer appealed, prompting the Workers’ Compensation Board to refer the claimant to an impartial medical specialist. The specialist diagnosed marked moderate restrictive pulmonary function caused by morbid obesity, not work conditions. Based on this, the Board disallowed the claim, and the Appellate Division affirmed this decision, finding the referral proper and the Board’s determination supported by substantial evidence.

asthmabus driverexhaust fumesdust exposureoccupational diseaseworkers' compensation benefitsmedical expert opinionimpartial medical specialistmorbid obesitypulmonary function
References
5
Case No. 01-09-01141-CV
Regular Panel Decision
Jun 28, 2012

Union Carbide Corporation v. Daisey E. Synatzske and Grace Annette Webb, Individually and as Representatives and Co-Executrixes of the Estate of Joseph Emmite, Sr., Joseph Emmite, Jr., Dorothy A. Day, Vera J. Gialmalva and James R. Emmite

Joseph Emmite Sr. was exposed to asbestos while working for Union Carbide, leading to his death from asbestosis. His family, the Emmites, filed a wrongful death claim. Union Carbide moved to dismiss the claims, arguing that the Emmites failed to timely serve a compliant physician report as required by Chapter 90 of the Texas Civil Practice and Remedies Code. The MDL pretrial court denied Union Carbide's motions. On appeal, the Court of Appeals affirmed the MDL pretrial court's order, finding that while the submitted physician reports did not satisfy the specific pulmonary function testing requirement of Chapter 90, applying that requirement retroactively to the Emmites' case, where the deceased could not undergo such testing, would be unconstitutional under the Texas Constitution's prohibition against retroactive laws.

AsbestosisWrongful DeathRetroactive LawTexas ConstitutionChapter 90Physician ReportPulmonary Function TestingAsbestos LitigationMedical CriteriaVested Rights
References
17
Case No. MISSING
Regular Panel Decision
Mar 02, 2010

Brown v. Commissioner of Social Security

Kenneth A. Brown sought judicial review of the Commissioner of Social Security's denial of his Supplemental Security Income (SSI) disability benefits claim, alleging sarcoidosis and other physical ailments. The case, heard by United States Magistrate Judge Gabriel W. Gorenstein, involved Brown's appeal of an Administrative Law Judge's decision and the Appeals Council's subsequent denial of review. Brown contended the ALJ failed to develop the record and the Appeals Council erred in not considering new evidence, including a pulmonary function test from 2007. The court found that the ALJ adequately developed the record for the relevant period and that the new evidence was not material as it related to a period after the ALJ's decision. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Brown's cross-motion was denied, leading to the dismissal of his complaint.

Social SecurityDisability BenefitsSSISarcoidosisChronic PainAdministrative Law JudgeAppeals CouncilMedical EvidenceRecord DevelopmentJudicial Review
References
15
Case No. MISSING
Regular Panel Decision

Asarco Inc. v. Raley

Douglas L. Raley, an employee formerly with ASARCO Inc., was awarded worker's compensation benefits for a disability caused by silicosis, an occupational disease. ASARCO appealed this award, contesting the causal link between Raley's silicosis and his employment, and the sufficiency of medical evidence for permanent disability under T.C.A. § 50-1101. Raley, a fine grinding operator, was exposed to heavy dust containing free respirable silica at ASARCO's mills, with levels sometimes exceeding federal safety standards. Medical testimony from Dr. William K. Swann confirmed silicosis directly resulted from this exposure, causing permanent work restrictions. Dr. William K. Rogers also rated Raley with a thirty percent permanent disability due to pulmonary function loss. The appellate court affirmed the trial court's judgment, concluding that Raley was last injuriously exposed to the disease hazard during his ASARCO employment, fulfilling the statutory requirements for benefits.

Occupational DiseaseSilicosisWorker's CompensationPermanent Partial DisabilityPulmonary DysfunctionIndustrial ExposureCausal ConnectionMedical Expert TestimonyAppellate ReviewTennessee Law
References
1
Case No. MISSING
Regular Panel Decision

City of La Porte v. Prince

Justice Vance concurs with the award of actual damages but dissents from the majority's decision to affirm exemplary damages against the City of La Porte, arguing a lack of clear governmental immunity waiver. The opinion emphasizes the distinction between governmental and proprietary municipal functions, noting that the Texas Tort Claims Act, which governs governmental functions, does not authorize recovery of exemplary damages. Vance cites various legal precedents and statutory provisions, including the workers' compensation statute, to support the argument that no specific and express waiver for exemplary damages exists for governmental functions, particularly in cases involving city employment and workers' compensation claims. The dissent concludes that the judgment should be reformed to eliminate exemplary damages.

Governmental ImmunityExemplary DamagesTort Claims ActWorkers' CompensationMunicipal LiabilitySovereign ImmunityGovernmental FunctionsProprietary FunctionsWrongful DischargeTexas Law
References
12
Case No. MISSING
Regular Panel Decision

Fox News Network, LLC v. Tveyes, Inc.

Fox News Network, LLC filed a copyright infringement lawsuit against TVEyes, Inc., a media-monitoring service. The district court previously upheld TVEyes' core service as fair use but reserved judgment on four specific features: archiving, e-mailing, downloading, and date-time search. In this renewed decision, the court ruled that TVEyes' archiving function is fair use. The e-mailing function can also be fair use, provided TVEyes implements adequate protective measures. However, the court found that the downloading and date-time search functions are not fair use, concluding they go beyond TVEyes' transformative purpose and pose undue risks to Fox News' copyrights and derivative businesses.

Copyright InfringementFair Use DefenseMedia MonitoringTransformative UseSummary JudgmentArchivingEmail SharingVideo DownloadingDate-Time SearchDigital Rights
References
23
Case No. MISSING
Regular Panel Decision
Aug 18, 1977

Claim of Johnson v. International Talc Co.

Claimant's deceased husband, an employee of International Talc Company, developed a partial pulmonary disability, specifically pneumoconiosis and pulmonary emphysema, due to occupational exposure to talc and silicosis dust over 20 years. He filed a compensation claim in May 1973 and died in November 1973. The Workers' Compensation Board determined that while the pulmonary disability was causally related to his occupation, his death was not. Conflicting medical testimonies were presented regarding the extent of disability and the causal link of death to his occupation, with an impartial specialist concurring with the Board's finding on the death. The Appellate Division affirmed the Board's decision, noting that substantial evidence supported the Board's findings and that Section 39 of the Workers' Compensation Law at the time did not permit awards for partial disability resulting from dust disease.

PneumoconiosisSilicosisPulmonary EmphysemaPartial DisabilityDust DiseaseCausal RelationshipMedical EvidenceBoard FindingsAppellate AffirmationStatutory Interpretation
References
2
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