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

Case No. 13-15-00469-CV
Regular Panel Decision
Sep 10, 2015

John C. Dempsey A/K/A Jack Dempsey and 401 Gold Consultants v. U.S. Money Reserve, Inc. D/B/A United States Rare Coin & Bullion Reserve

U.S. Money Reserve, Inc. sued John C. Dempsey for an injunction and money judgment based on a non-compete agreement. The trial court denied Dempsey’s motion to stay arbitration and, after an arbitration award of $1,650,000.00 was entered, confirmed the award despite Dempsey's objections. This appeal argues that the arbitration provision did not cover the specific dispute regarding a breach of contract and liquidated damages, and that USMR waived its right to arbitration by substantially invoking the judicial process for over three years.

Arbitration AgreementNon-Compete ClauseBreach of ContractWaiver of ArbitrationJudicial ProcessAppellate ReviewSummary Judgment MotionInjunctive ReliefLiquidated DamagesTexas Law
References
7
Case No. MISSING
Regular Panel Decision

North Shore University Hospital v. State Human Rights Appeal Board

This proceeding involved a review of an order from the State Human Rights Appeal Board, which affirmed a finding by the State Division of Human Rights that the petitioners had discriminated against complainant Essie Morris. The discrimination stemmed from the petitioners' failure to accommodate Morris's observance of the Sabbath and her subsequent employment termination, violating Executive Law § 296(10). The court found substantial evidence supporting the Division's finding that petitioners improperly placed the burden on Morris to find assignment swaps. It emphasized an employer's affirmative duty to reasonably accommodate religious beliefs. The petitioners also failed to demonstrate exemption from Executive Law § 296(10) under paragraphs (b) and (c). Consequently, the order was confirmed, and the petitioners' appeal was dismissed.

Religious DiscriminationSabbath ObservanceEmployment TerminationReasonable AccommodationExecutive Law § 296State Human Rights LawEmployer ResponsibilitySubstantial Evidence ReviewJudicial Review of Administrative OrderPetition Dismissal
References
3
Case No. MISSING
Regular Panel Decision

Cluett, Peabody & Co. v. New York State Division of Human Rights

This case addresses whether an arbitration proceeding, which determined a job classification was not discriminatory under a collective bargaining agreement but explicitly stated it lacked authority to rule on Human Rights Law violations, bars a subsequent proceeding before the State Division of Human Rights. Employees Betty Lingle and Joan Skinner initially filed a grievance and later complaints with the State Division of Human Rights alleging sex discrimination after their termination. Following an arbitration decision that denied relief but did not address Human Rights Law issues, their employer, Cluett, Peabody & Co., Inc., sought a judgment declaring the Division lacked jurisdiction due to election of remedies. The court, presided over by John W. Sweeny, J., held that the arbitration did not constitute an election of remedies precluding the State Division from proceeding, as the arbitrator had no authority to decide Human Rights Law issues. Consequently, the employer's motion to dismiss the complaint was granted, allowing the Human Rights Commission to continue with the employees' complaints.

DiscriminationSex DiscriminationHuman Rights LawArbitrationCollective Bargaining AgreementExclusive RemedyJurisdictionState Division of Human RightsSeniority RightsElection of Remedies
References
3
Case No. MISSING
Regular Panel Decision
Jun 28, 1983

Schuck v. State Division of Human Rights

Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, petitioned for annulment of an order by the Human Rights Appeal Board, which affirmed a determination by the Commissioner of the State Division of Human Rights. The Commissioner found that Local 3 discriminated against minority trainees by shunting them into a slower 'M' program, denying them the 'MIJ' shortcut to 'A' journeyman status, and providing an inferior training curriculum compared to regular apprentices, thus violating the Human Rights Law. The Commissioner issued cease and desist orders and specific directives regarding training and advancement, including a conditional provision for automatic 'A' journeyman status without examination. The Human Rights Appeal Board affirmed this determination. The court, upon judicial review, modified the order by deleting the directive that granted full 'A' journeyman status without further examination. Instead, the court mandated that affected individuals be afforded the opportunity to take the next scheduled 'A' examination, with appropriate preparatory instruction provided if needed. The rest of the Commissioner's order and determination were confirmed.

Human Rights LawEmployment DiscriminationMinority Training ProgramApprenticeshipJourneyman StatusLabor UnionAffirmative ActionNew YorkVocational TrainingEqual Opportunity
References
9
Case No. 08-24-00065-CV
Regular Panel Decision
Oct 30, 2025

Kevin F. Karli, James W. Dobbs, Margaret E. Dobbs, Henry C. McQuaide, III, Chris H. Hoegemeyer, Kyle W. Hoegemeyer, William H. Hoegemeyer II, Sam Wigington, III, Justin T. Price, Robert Hugh Williams, Gwendolyn S. Williams, Stephanie R. Saculla, John Cody Saculla, Patrick Clarke, Kathryn E. Clarke, and Mary Catherine Davis, Independent of the Estate of Joe R. Davis v. Claude Wilson, Mary Claudene Brewer, Arleigh P. Helfer, Melany Rae Helfer-Hullett, Wendi Rene Hughes, Karen Sue Schaible, John Weldon Allums, Alvin Reese Helfer and Jason Reed Helfer

This case concerns the proper interpretation of a reservation clause of an oil-and-gas deed wherein the clause includes inconsistent language about the rights reserved by two grantors and the fractional share of the rights. The grantors’ and grantee’s successors dispute whether the reserved interests are bare royalty interests or interests in the mineral estate stripped of rights to bonus and delay rentals but including executive and development rights. They also disagree on whether the reserved interests include 1/4 or 1/32 of the respective lease royalties. The court held that each grantor reserved a 1/4 mineral interest stripped of all rights except for the right to royalty payments equal to 1/4 of the lease royalty, affirming in part and reversing in part the trial court’s judgment.

Oil and Gas DeedMineral InterestRoyalty InterestReservation ClauseDeed InterpretationNon-Participating InterestExecutive RightDevelopment RightBonus PaymentsDelay Rentals
References
53
Case No. MISSING
Regular Panel Decision
Jan 01, 1981

MATTER OF MOHAWK FINISHING PRODS., INC. v. State Div. of Human Rights

This dissenting opinion concerns Michele Cushing, an employee of Mohawk Finishing Products Corporation, who was terminated after raising concerns about perceived sex discrimination, although actual discrimination was not proven. The State Division of Human Rights initially granted her relief for retaliation, which was affirmed by the Human Rights Appeal Board. However, the Appellate Division annulled and remitted the decision, distinguishing between protective clauses in the Human Rights Law. Justice Fuchsberg argues that the anti-retaliation provision should protect employees who reasonably believe a practice is discriminatory, even if later found lawful. He proposes reversing the Appellate Division's order and remitting the case to the State Division of Human Rights for a specific finding on the reasonableness of Ms. Cushing’s belief.

Anti-retaliationHuman Rights LawSex DiscriminationReasonable BeliefEmployment LawDissenting OpinionAdministrative ReviewWorkplace RetaliationEmployee RightsJudicial Interpretation
References
11
Case No. MISSING
Regular Panel Decision
Nov 14, 2000

Claim of Martin v. Levest Electric Corp.

The claimant, having suffered work-related injuries, pursued both workers' compensation benefits and a third-party personal injury action, which was subsequently settled. A contention arose concerning the workers' compensation carrier's entitlement to offset future benefits against the net settlement proceeds, as outlined in Workers' Compensation Law § 29. The Workers’ Compensation Board determined that the carrier had correctly preserved its right to this offset. On appeal, the claimant argued that the carrier had consented to the settlement, thereby waiving its offset right, and that a court possessed the authority to waive such a right. The appellate court upheld the Board's finding, concluding that there was no substantial evidence of carrier consent to the settlement, and reaffirmed that a court cannot override a carrier's explicit reservation of its offset rights.

Workers' CompensationThird-Party ActionSettlementOffset RightsCarrier ConsentFuture BenefitsJudicial ReviewAppellate DecisionBoard RulingReservation of Rights
References
4
Case No. MISSING
Regular Panel Decision

Plasti-Line, Inc. v. Tennessee Human Rights Commission

A private employer, referred to as 'Appellant', brought an action for declaratory judgment and injunctive relief, challenging the constitutionality of enforcement provisions within the Tennessee Human Rights Commission statutes (T.C.A. §§ 4-21-301 to 307). The Appellant argued that these statutes violated the separation of powers, the right to trial by jury, and judicial election provisions of the Tennessee Constitution. The Chancellor initially upheld the validity of the statutes and dismissed the action. The Supreme Court affirmed this decision, finding no merit in the Appellant's claims. The Court highlighted that the Human Rights Commission functions as an administrative agency, administering public policy, and its orders are subject to judicial review and enforcement by the chancery court, thus not violating constitutional principles.

Human Rights LawDiscrimination LawEmployment DiscriminationAdministrative LawConstitutional ChallengeSeparation of PowersRight to Jury TrialStatutory ValidityTennessee ConstitutionAppellate Decision
References
5
Case No. MISSING
Regular Panel Decision

American Bank Note Co. v. State Division of Human Rights

This case concerns a petitioner challenging a determination by the State Human Rights Appeal Board, which had affirmed a decision from the Commissioner of the State Division of Human Rights. The original finding stated that the petitioner discriminated against Lorraine Voigt and other female employees regarding pregnancy-related disability benefits. The court annulled the board's determination, concluding there was no substantial evidence to support the finding of discrimination. The petitioner had denied Ms. Voigt's claim as untimely according to section 217 of the Disability Benefits Law. The court found that the Human Rights Law does not compel an employer to pay benefits for pregnancy-related disability if the employer would not pay similar disability claims for male employees under the same timeliness rules, which the petitioner consistently applied.

Pregnancy DiscriminationDisability Benefits LawHuman Rights LawTimeliness of ClaimSex DiscriminationEqual TreatmentWorkers' Compensation LawAppellate ReviewAnnulmentSubstantial Evidence
References
2
Case No. MISSING
Regular Panel Decision

Mohawk Finishing Products, Inc. v. State Division of Human Rights

The petitioner challenged a determination by the State Human Rights Appeal Board, which affirmed a finding of unlawful discriminatory practice against the petitioner. The original complaint stemmed from the petitioner allegedly retaliating against an employee for opposing perceived sex discrimination, although the Division of Human Rights found no actual sex discrimination. The court had previously annulled and remitted the case due to an inconsistency, but the Board failed to clarify its findings. This court now rules that retaliation for opposing practices mistakenly believed to be unlawful is not protected under the Human Rights Law if the underlying practice was, in fact, lawful. Consequently, the Board's determination against the petitioner is annulled, and the petition is granted.

RetaliationSex DiscriminationHuman Rights LawExecutive LawAdministrative ReviewAppellate ReviewUnlawful Discriminatory PracticeSubstantial EvidenceClarification of FindingsEmployment Law
References
6
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