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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

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. MISSING
Regular Panel Decision

Abraham v. Greer

This case involves an appeal from an order dismissing a libel suit filed by Salem Abraham against Daniel Greer and Fix the Facts Foundation d/b/a AgendaWise. The dismissal occurred under Chapter 27 of the Texas Civil Practice and Remedies Code. The Texas Supreme Court remanded the case for the Court of Appeals to consider remaining issues, including journalist privilege, the status of Greer and AgendaWise as journalists, and the constitutionality of Chapters 22 and 27 of the Civil Practice and Remedies Code. The Court of Appeals overruled all issues, affirming the trial court's dismissal. It found that Abraham failed to preserve his complaints regarding the trial court's failure to rule on privilege objections and the journalist status, and concluded that the interplay between Chapters 22 and 27 did not unconstitutionally abridge Abraham's common law remedy for defamation under the open courts provision, as discovery was permissible, albeit limited.

LibelDefamationJournalist PrivilegeTexas Civil Practice and Remedies Code Chapter 27Texas Civil Practice and Remedies Code Chapter 22Anti-SLAPP StatuteOpen Courts ProvisionDue ProcessAppellate ReviewMotion to Dismiss
References
13
Case No. MISSING
Regular Panel Decision

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
Case No. MISSING
Regular Panel Decision
Feb 09, 1995

Hickey v. C. D. Perry & Sons, Inc.

Plaintiff Roland E. Hickey, a labor supervisor, was injured after falling from a plank across a sluiceway at a dam construction site. He and his wife sued the owner, New York State Electric and Gas Corporation (NY-SEG), and the general contractor, C. D. Perry & Sons, Inc., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendants then filed a third-party action against Hickey's employer, Prepakt Concrete Company, for contribution and indemnification. Plaintiffs moved for partial summary judgment on the issue of strict liability under Labor Law § 240 (1), while defendants cross-moved to dismiss this claim, asserting the "recalcitrant worker" defense. The Supreme Court denied both motions, finding unresolved factual questions. The appellate court affirmed the denial of the plaintiffs' motion, agreeing that factual issues persisted regarding whether adequate safety devices were provided and whether the plaintiff refused to use them, or if the plank itself was unauthorized and its use prohibited.

Labor LawWorkplace SafetySummary JudgmentRecalcitrant WorkerFall from HeightSubcontractor LiabilityGeneral Contractor LiabilityOwner LiabilityIndemnificationContribution
References
2
Case No. ADJ7469391
Regular
Apr 22, 2013

DANIEL DIAZ NEGRON vs. CLEAR WATER HANDWASH dba MARINA CLASSIC CAR WASH, STATE FARM

This case involves a lien claimant, Best of California Business Promotions, whose petition for reconsideration was dismissed because it was based on an assumed dismissal of their lien that had not actually occurred. The lien claimant failed to appear at a scheduled lien trial and did not provide good cause for their absence. Furthermore, the Appeals Board is issuing a notice of intention to impose sanctions up to $1,000 against the lien claimant and its representatives for filing a frivolous petition and wasting judicial resources by arguing an issue not supported by the record. The Board is also removing the case on its own motion.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code 5813Lien ClaimantNotice of Intention to Dismiss LienNon-Appearance at TrialLien Activation FeeUnconstitutional
References
1
Case No. ADJ10341509, ADJ9817511, ADJ9818066, ADJ8825215
Regular
Jul 19, 2018

CARRIE SPELLINGS vs. PACIFIC PULMONARY SERVICES, SOMPO AMERICA, BROADSPIRE, TWIN CITY FIRE INSURANCE, HARTFORD INSURANCE COMPANY, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) rescinded a previous decision and remanded the case for further proceedings because the Administrative Law Judge (ALJ) failed to address all submitted issues and provide sufficient factual and legal reasoning for their findings. Specifically, the ALJ did not adequately detail the evidence supporting their determination of injury and disability during Hartford's coverage or explain why the applicant's testimony was not credible. The WCAB requires the ALJ to first determine the number, dates, and body parts of any injuries sustained by the applicant before addressing issues like reimbursement and the statute of limitations.

Workers' Compensation Appeals BoardPacific Pulmonary ServicesSompo AmericaTwin City Fire InsuranceHartford Insurance CompanyFindings and OrderPetition for ReconsiderationWCJCumulative Trauma InjuryStatute of Limitations
References
1
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
6
Case No. MISSING
Regular Panel Decision
Oct 14, 1999

Claim of Williams v. New York State Department of Transportation

The claimant, who suffered a work-related injury in 1988, initially received permanent partial disability benefits at a mild rate in May 1996. Dissatisfied with this assessment, the claimant appealed, presenting medical evidence suggesting a more severe disability. This led the Workers’ Compensation Board to restore the case to the trial calendar for further development of the record concerning the degree of disability post-May 6, 1996. Although two physicians testified, with one indicating a moderate disability and another a total disability, the Workers’ Compensation Law Judge (WCLJ) ultimately awarded benefits at a moderate partial disability rate. Upon the claimant's subsequent appeal, the Board ruled that the claimant was precluded from raising the issue of their degree of disability, citing regulatory provisions. The appellate court found that the Board had abused its discretion, as the issue was explicitly remanded by the Board previously, and the claimant was still aggrieved by the WCLJ's award despite an increase in benefits. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationDisability AssessmentAppellate ReviewAbuse of DiscretionProcedural ErrorMedical EvidenceDegree of DisabilityRemittalNew York LawAdministrative Appeal
References
0
Case No. 14-01-00099-CV
Regular Panel Decision
Dec 19, 2002

Bette Rose Schwager v. Telecheck Services, Inc. D/B/A Telecheck, a First Data CompanyFirst Data CorporationClay SpitzJim SikorskiSteve Shaper And Lori Graesser

Bette Rose Schwager appealed a summary judgment in favor of her former employer, TeleCheck Services, Inc., its parent company, and several executives, in an employment dispute. Schwager asserted claims for breach of contract, fraud, conversion, wrongful termination, defamation, constructive fraud, and intentional infliction of emotional distress. The court affirmed the summary judgment on most of Schwager's claims, including fraud, constructive fraud, conversion, wrongful termination, defamation, and intentional infliction of emotional distress. However, the court reversed and remanded the portion of the breach of contract claim related to whether Schwager was fully paid her commissions, citing conflicting evidence on this issue. The original opinion from July 18, 2002, was withdrawn, and this new opinion on the motion for rehearing was issued.

Employment DisputeSummary JudgmentBreach of ContractFraudConversionWrongful TerminationDefamationEmotional DistressFiduciary DutyAt-Will Employment
References
35
Case No. MISSING
Regular Panel Decision
Nov 28, 2001

Peter v. Nisseli Realty Co.

The defendant, ANI Entertainment, Inc., appealed an order from the Supreme Court, Kings County, which had granted the plaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240 (1). The plaintiff, Cyril Peter, sustained injuries when a ladder he was standing on during renovation work slid from beneath him, causing a fall. The plaintiffs successfully established a prima facie case for liability. ANI Entertainment, Inc. failed to present sufficient evidence to create a triable issue of fact concerning the injured plaintiff's conduct as a recalcitrant worker or the sole proximate cause of his injuries. Consequently, the Supreme Court's decision to grant the plaintiffs' motion for summary judgment was affirmed on appeal.

Personal InjuryLabor LawSummary JudgmentLadder AccidentRenovation WorkConstruction AccidentAppellate DecisionLiabilityRecalcitrant WorkerProximate Cause
References
7
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