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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

Complete Auto Sales, Inc. v. Life Insurance Co. of North America

Plaintiff Complete Auto Sales, Inc. (Complete) filed a motion to remand its case against defendant Life Insurance Company of North America (LINA) back to state court. The case originated from Complete seeking contribution/indemnity from LINA, its insurer, for claims made against Complete by an injured employee. LINA had removed the case to federal court, arguing ERISA preemption. While some claims were partially remanded earlier, Complete now argues that LINA's insurance policy is exempt from ERISA jurisdiction, citing a prior ruling where a similar LINA policy was found to be state-governed. The court agreed, finding the current policy similar and not preempted by ERISA, thus lacking federal subject matter jurisdiction. Consequently, the motion to remand was granted, sending the case back to the 162nd Judicial District Court of Dallas County, Texas.

ERISA PreemptionRemoval JurisdictionState Law ClaimsInsurance Policy ExemptionFederal Question JurisdictionSubject Matter JurisdictionMotion to RemandTexas LawFifth CircuitDistrict Court
References
12
Case No. MISSING
Regular Panel Decision

Patino v. Complete Tire, Inc.

Reynaldo C. Patino, an employee of Complete Tire, Inc., was injured while working and subsequently terminated. He filed a negligence lawsuit against Complete Tire, Inc., alleging inadequate training and supervision, leading to his injury. The trial court granted a no-evidence summary judgment in favor of Complete Tire, Inc., and also imposed discovery sanctions against Patino for insufficient responses. On appeal, Patino challenged both rulings, arguing the summary judgment was improper and the sanctions were an abuse of discretion. The appellate court affirmed the trial court's decision, finding Patino failed to produce sufficient evidence to support his negligence claims and that the sanctions were justified.

NegligenceSummary JudgmentDiscovery SanctionsWorkers' Compensation NonsubscriberEmployer DutyWorkplace SafetyStandard of CareCausationAbuse of DiscretionTexas Civil Procedure
References
13
Case No. MISSING
Regular Panel Decision

Eadie v. Complete Co., Inc.

Christopher A. Eadie was injured in a motor vehicle accident in 1997 while working for Complete Company, Inc. He subsequently filed workers' compensation claims in South Carolina, Georgia, North Carolina, and Tennessee. Complete and its insurer, Westfield Insurance Companies, moved for summary judgment in Tennessee, arguing Eadie was precluded by the election of remedies doctrine. The trial court granted summary judgment, finding Eadie's active pursuit of his claim in South Carolina constituted a binding election of remedies, barring his Tennessee claim. The Special Workers' Compensation Appeals Panel reversed this finding, but the Tennessee Supreme Court granted review and affirmed the trial court's decision, holding that Eadie's actions in South Carolina were sufficient affirmative acts to constitute a binding election of remedies.

Workers' CompensationElection of RemediesInterstate ClaimSummary JudgmentJurisdictionTennessee Supreme CourtSouth Carolina Workers' CompensationAffirmative ActForum ShoppingDouble Recovery
References
5
Case No. NO. 14-13-00421-CV
Regular Panel Decision
Apr 24, 2014

Sheila Adams v. Golden Rule Service, Inc.

Sheila Adams, a nursing aide, sued her employer, Golden Rule Service, Inc., for injuries allegedly sustained while assisting a patient at Golden Rule's health care facility. The trial court dismissed the case because Adams failed to serve an expert report as required by the Texas Medical Liability Act (TMLA). Adams appealed, arguing her claims were not governed by the TMLA. The Fourteenth Court of Appeals affirmed the trial court's decision, concluding that Adams's claims were health care liability claims subject to the TMLA's expert report requirement, consistent with prior court precedents.

Health care liabilityTMLAExpert reportNegligenceEmployer liabilityMedical injuryWorkplace injuryTexas lawAppellate reviewDismissal
References
7
Case No. Docket No. 406
Regular Panel Decision
Jun 15, 2005

Frew v. Hawkins

This civil action, initiated in 1993, addresses the alleged failure of the State of Texas to implement a Medicaid program, specifically the Early Periodic Screening, Diagnosis and Treatment (EPSDT) program, for indigent children. A Consent Decree was approved in 1996 to ensure compliance, with the court retaining jurisdiction. Defendants subsequently filed a Rule 60(b) motion in November 2004, seeking either complete dissolution of the Consent Decree or its partial dissolution for urban areas, citing compliance with federal law and changed circumstances. Following a June 2005 hearing, the Court evaluated evidence concerning medical checkups, dental services, outreach efforts, and case management. The Court concluded that Defendants failed to demonstrate significant changed factual circumstances, that the proposed relief was suitably tailored, or that reasonable efforts were made to comply with the decree's obligations. Consequently, Defendants' Rule 60(b) Motion for Relief From Judgment was DENIED, affirming the continued prospective application of the Consent Decree.

Medicaid Program EnforcementEPSDT ServicesConsent Decree ModificationRule 60(b) MotionHealth Care AccessIndigent Children's HealthManaged Care PerformanceState Compliance IssuesOutreach EffectivenessDental Care Access
References
27
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. MISSING
Regular Panel Decision
Mar 27, 2013

Christopher Furlough v. Spherion Atlantic Workforce, LLC

The Tennessee Supreme Court reversed lower court decisions regarding a workers' compensation settlement for Christopher Furlough. Furlough sought to set aside a Department of Labor-approved settlement with Spherion Atlantic Workforce, LLC, claiming inadequate representation and insubstantial benefits. The Supreme Court clarified that the Department's approval of a settlement implies approval of the accompanying SD-1 form, precluding judicial second-guessing of its completeness. The Court also ruled that administrative remedies were exhausted and Furlough was legally represented, making a court-approved settlement unnecessary. Crucially, Furlough's petition, filed nearly two years post-settlement, was deemed untimely under Rule 60.02(1), and relief under Rule 60.02(5) or inherent authority was inappropriate due to available remedies and Furlough's lack of complete fault.

Workers' Compensation LawSettlement AgreementAdministrative RemediesRule 60.02Independent ActionEquitable ReliefMedical Impairment RatingPermanent Partial DisabilityDepartment of Labor ApprovalSD-1 Form
References
50
Case No. 01-06-00694-CV
Regular Panel Decision

LMC Complete Automotive, Inc. v. Burke

LMC Complete Automotive, Inc. appealed a $155,000 jury verdict in favor of its employee, Ronald Burke, in a nonsubscriber negligence case. The appellate court affirmed the trial court's judgment, finding the evidence legally sufficient to support the jury's negligence and causation findings, and that the expert medical testimony was reliable. The court also upheld the exclusion of collateral source evidence regarding Burke's compensation for his injuries. Additionally, the court reviewed LMC's supersedeas bond, vacating a prior order and setting the bond at $74,868.02 based on LMC's determined net worth of $149,736.04. A separate appeal challenging the trial court's findings on the security issue was dismissed for lack of jurisdiction.

Workplace InjuryNegligence ClaimNonsubscriber EmployerLegal Sufficiency of EvidenceCausation EvidenceExpert Medical TestimonyCollateral Source RuleSupersedeas BondNet Worth CalculationAppellate Review
References
44
Case No. MISSING
Regular Panel Decision

TXU Generation Co. v. Public Utility Commission

The Texas Court of Appeals, Austin, reviewed a direct appeal challenging the Public Utility Commission's Wholesale Market Oversight (WMO) Rule. Appellants, a group of market participants, argued the rule exceeded the Commission's statutory authority, was unconstitutionally vague, constituted an unconstitutional taking, and violated the Administrative Procedure Act (APA) regarding notice and concise statement of authority. The court, led by Justice Bea Ann Smith, affirmed the validity of the WMO Rule. It held that the Commission possessed broad authority under PURA to regulate the wholesale electricity market to protect public interest, consumers, and ensure reasonably priced ancillary services, even if some prohibited conduct was unintentional. The court also found the rule provided sufficient notice and did not invite arbitrary enforcement, nor did it constitute an unconstitutional taking or violate APA procedures. Ultimately, the court affirmed the validity of the WMO Rule, concluding that it reasonably promotes competition and fulfills legislative goals for the electricity market.

Electricity RegulationWholesale Energy MarketPublic Utility CommissionAdministrative LawStatutory InterpretationConstitutional ChallengesMarket Power AbuseConsumer ProtectionTexas LawDirect Appeal
References
38
Case No. 2019 NY Slip Op 05365
Regular Panel Decision
Jul 03, 2019

Matter of Jones v. Human Resources Admin.

Claimant Laverne Jones appealed a Workers' Compensation Board decision denying her application for administrative review. Jones, a fraud investigator, had sustained work-related injuries and sought to amend her claim for additional consequential injuries, which a WCLJ disallowed. Her counsel's application for Board review was rejected for not being completely filled out, specifically missing information for question 13. The Appellate Division, Third Department, affirmed the Board's decision, ruling that the Board acted within its discretion by enforcing its procedural rules requiring complete applications, citing its broad regulatory powers under the Workers' Compensation Law.

Administrative Review DenialProcedural Non-ComplianceWorkers' Compensation ClaimAppellate Division Third DepartmentBoard Rules EnforcementApplication for Review (Form RB-89)Completeness DoctrineDiscretionary AuthorityWork Injury BenefitsConsequential Injury Claim
References
10
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