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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Texas Employers Ins. Ass'n v. Wade

This appeal concerns a workmen's compensation suit initiated by Ettie Mae Wade et al. against Texas Employers Insurance Association, seeking compensation for Henry G. Wade's death, allegedly caused by employment injuries at Dow Chemical Company. A jury found for the appellees, awarding a lump sum. The appellant challenged the admission of hearsay testimony under the res gestae rule and argued improper and inflammatory statements by appellees' counsel during closing arguments. While the court upheld the trial court's discretion on the res gestae issue, it found portions of the closing argument to be prejudicial and improper. Consequently, the judgment was reversed, and the case was remanded for a new trial due to these errors in counsel's argument.

Workmen's CompensationAccidental DeathIndustrial Accident BoardHearsay Rule ExceptionRes GestaeAttorney MisconductClosing ArgumentJury PrejudiceReversible ErrorTrial Court Discretion
References
13
Case No. MISSING
Regular Panel Decision

Truck Insurance Exchange v. Michling

This workers' compensation case revolves around the admissibility of hearsay evidence concerning an alleged on-the-job injury. Mrs. Martha Michling, a statutory beneficiary, sought death benefits for her husband, Hugo Michling, who died from a cerebral hemorrhage. The sole evidence of his alleged injury—hitting his head on a bulldozer—was his statement to his wife upon returning home, presented as a res gestae utterance. The Supreme Court reviewed whether this uncorroborated hearsay statement could serve as independent proof of the accident itself. Citing precedent requiring independent evidence of the occurrence for res gestae admissibility, the court determined that the lower courts erred in admitting the testimony without such corroboration. Consequently, the judgments favoring Michling's beneficiaries were reversed, and judgment was rendered for the petitioner, Truck Insurance Exchange.

Workers' CompensationHearsayRes GestaeEvidence AdmissibilityAccidental InjuryCerebral HemorrhageScope of EmploymentTexas Supreme CourtIndependent ProofSufficiency of Evidence
References
21
Case No. MISSING
Regular Panel Decision

Deering v. Texas Employers' Insurance Ass'n

The estate of a deceased worker, James Deering, appealed a trial court's decision which set aside an Industrial Accident Board award. Deering, a security guard, allegedly injured his left leg on January 4, 1975, while on duty, which later led to amputation and death. The worker's compensation carrier disputed the injury occurred within the course and scope of employment, and a jury failed to find that Deering received an injury. The central issue on appeal was the trial court's exclusion of Deering's statement, "he bumped his leg back there," under the res gestae and present bodily condition exceptions to the hearsay rule. The appellate court affirmed the trial court's judgment, finding insufficient independent evidence to corroborate an accidental injury within the scope of employment to admit the statement as res gestae.

Hearsay ExceptionRes GestaePresent Bodily ConditionWorker's CompensationAccidental InjuryScope of EmploymentEvidence AdmissibilityAmputationBlood ClotsTexas Law
References
2
Case No. 2017 NY Slip Op 07588 [155 AD3d 605]
Regular Panel Decision
Nov 01, 2017

De Souza v. Empire Transit Mix, Inc.

The plaintiff, Jefferson De Souza, an employee of a subcontractor, sustained eye injuries at a construction site due to a malfunctioning concrete hose. He sued LIC Res, LLC (the owner) and McGowan Builders, Inc. (the construction manager), among others. LIC Res, LLC sought summary judgment on its cross-claim for contractual indemnification against McGowan Builders, Inc., based on an agreement requiring McGowan to indemnify the owner for claims arising from its work or omissions. The Supreme Court denied this motion. The Appellate Division, Second Department, reversed the lower court's decision, finding that LIC Res, LLC, had established its prima facie entitlement to contractual indemnification and was not negligent, while McGowan failed to raise a triable issue of fact.

Contractual IndemnificationSummary JudgmentConstruction Site AccidentLabor Law ViolationsPersonal InjuriesCross ClaimAppellate DivisionProperty Owner LiabilityConstruction Manager ResponsibilitySubcontractor
References
15
Case No. 06 Civ. 12878(RLC)
Regular Panel Decision

International Securities Exchange, LLC v. S & P Dow Jones Indices, LLC

International Securities Exchange, LLC and International Exchange Holdings, Inc. (ISE) sued S & P Dow Jones, LLC (Dow Jones) for a declaration of right to list options on S&P 500 and DJIA indices without a license, claiming federal copyright preemption. The lawsuit was stayed pending resolution of an identical case in Illinois state courts. The Illinois courts ruled in favor of Dow Jones, affirming its intellectual property rights and concluding that ISE's actions constituted misappropriation, a decision affirmed by the Illinois Appellate Court and upheld by the US Supreme Court's denial of certiorari. Upon returning to the current court, ISE sought to amend its complaint, while Dow Jones moved to dismiss based on res judicata. The court granted Dow Jones' motion, ruling that the Illinois judgment was binding under the Full Faith and Credit Act and Illinois preclusion rules, thus barring ISE from relitigating the preemption issue. ISE's motion to amend its complaint was denied as futile.

Copyright PreemptionRes JudicataCollateral EstoppelFull Faith and Credit ActIntellectual Property RightsStock Market IndicesOptions TradingUnfair CompetitionTortious InterferenceIllinois State Law
References
42
Case No. MISSING
Regular Panel Decision

Riverside Mill Co. v. Parsons

Mrs. Parsons and two minor children were awarded compensation for the death of H. A. Parsons, a miller who died after a fall at the Riverside Mill. The Riverside Mill Company and Fayetteville Milling Company appealed, arguing insufficient evidence for the fall and that Parsons' pre-existing heart condition was the cause of death. The court upheld the trial judge's decision, admitting the deceased's statement about falling as res gestae and finding that the fall accelerated his death. Furthermore, the court affirmed the joint liability of both companies under Code Section 6882, citing joint employment and a waiver of the notice requirement through their shared president.

Workers' CompensationAccidental DeathFall at WorkRes GestaeJoint EmploymentEmployer LiabilityPre-existing ConditionAcceleration of DeathAppellate ReviewMedical Evidence
References
7
Case No. MISSING
Regular Panel Decision

United States Fidelity & Guaranty Co. v. Slaughter

R.B. Slaughter, an employee of Basin Testers, Inc., tragically died after a fall in a company shower. His widow subsequently filed a claim for death benefits under the Texas Workers' Compensation Act, which the trial court granted. The insurance company appealed this decision, raising concerns about the admissibility of a res gestae statement and challenging the sufficiency of evidence to prove Slaughter was within the course and scope of his employment. However, the appellate court affirmed the original judgment, concluding that ample independent evidence existed, even without the disputed statement, to establish Slaughter's eligibility for benefits under the personal convenience doctrine.

Workers' CompensationDeath BenefitsPersonal Convenience DoctrineCourse of EmploymentScope of EmploymentRes GestaeHearsayLegal SufficiencyFactual SufficiencyAppellate Review
References
11
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Brumbaugh

The case is a workmen’s compensation appeal initiated by Maunie F. Brumbaugh et al. against Texas Employers’ Insurance Association. The dependents sought death benefits for W. C. Brumbaugh, who died from injuries in an automobile collision while allegedly on a special mission for his employer, L. Coffee. The central issues on appeal included the admissibility of the deceased's hearsay statements as res gestae and the trial court's definition of 'injury sustained in the course of employment.' The appellate court affirmed the trial court's judgment, finding no error in admitting the testimony or in the jury instructions, thereby upholding the finding that Brumbaugh was in the course of his employment.

Workmen's CompensationAppellate LawRes GestaeHearsay EvidenceCourse of EmploymentSpecial Mission DoctrineAutomobile AccidentEmployee InjuryEmployer ResponsibilityTexas Civil Procedure
References
13
Case No. MISSING
Regular Panel Decision

Lindley v. Transamerica Insurance Co.

Mrs. Edwin Wayne Lindley sued Transamerica Insurance Company for Workmen’s Compensation benefits, alleging her husband's death resulted from an accidental injury during employment. The trial court granted summary judgment for Transamerica, finding no material fact issue. However, the appellate court reversed and remanded, citing that plaintiff's affidavits, including one from Lindley's son detailing his father's condition after work and an expert medical opinion, were sufficient to raise a material fact issue. The court also held that Lindley's statements to his son should be considered as res gestae. Therefore, summary judgment should not have been entered, and the case requires a full hearing on the merits.

Summary Judgment ReversalAccidental Injury CausationHeart Attack ClaimArteriosclerosis ContributionRes Gestae ExceptionMedical Expert TestimonyEvidentiary BurdenScope of Employment DisputePre-existing Medical ConditionAppellate Procedure
References
9
Case No. MISSING
Regular Panel Decision

Gooden v. Ætna Life Ins. Co.

Lealer Gooden, claimant for compensation for the death of her husband Sebastian Gooden, appealed a trial court's instructed verdict in favor of Ætna Life Insurance Company, the compensation carrier. Gooden alleged her husband died from an injury sustained while working for Shippers Compress Company. The trial court rejected testimony from Lealer Gooden and Sebastian's brother regarding Sebastian's post-injury complaints, deeming them inadmissible hearsay and not part of res gestae. Attempts to impeach a co-worker who denied witnessing the injury were also refused. The appellate court affirmed the trial court's decision, upholding the exclusion of the proffered testimony and the instructed verdict, concluding that the injury and its manner of reception were not adequately established.

Workers' Compensation ClaimsHearsay EvidenceRes Gestae DoctrineAdmissibility of TestimonyDirected VerdictAppellate ReviewEmployee Death BenefitsTexas Compensation LawImpeachment of WitnessIndustrial Accident Board Appeals
References
8
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