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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

National Propane Gas Ass'n v. United States Department of Transportation

This case involves a challenge by plaintiffs National Propane Gas Association, Northwest Butane Gas Co., and Huffhines Gas, Inc. against the United States Department of Transportation (DOT) and the Research and Special Programs Administration (RSPA). The plaintiffs sought to stay and enjoin the enforcement of RSPA's "Final Rule" and its interpretation of the "Attendance Regulation," alleging violations of the Administrative Procedure Act and the Regulatory Flexibility Act. Both regulations pertain to safety requirements for cargo tank motor vehicles transporting liquefied compressed gases, particularly concerning emergency discharge control systems and operator presence during unloading. The court sided with the defendants, upholding both the Final Rule and RSPA's interpretation of the Attendance Regulation. The ruling affirmed that RSPA's actions were within its statutory authority, were not arbitrary or capricious, and complied with the RFA, based on reasoned decision-making in response to widespread industry noncompliance and potential safety risks.

Regulatory challengeadministrative lawhazardous materialscargo tanksliquefied gasespropanepublic safetyemergency discharge controloperator attendanceRSPA
References
23
Case No. 11-20-00145-CV
Regular Panel Decision
Jun 09, 2022

Justin Schrader v. Texas Department of Public Safety

Justin Schrader sued the Texas Department of Public Safety (DPS) for injuries sustained during his arrest, alleging negligent application of handcuffs and a 'leg sweep' by Trooper Jerry Hale. DPS moved to dismiss the suit, citing sovereign immunity under the Texas Tort Claims Act (TTCA). The trial court granted the dismissal. On appeal, Schrader argued that the TTCA's waiver of immunity applied and that the intentional tort exclusion did not, as Trooper Hale did not intend to injure him. The Eleventh Court of Appeals, however, affirmed the trial court's decision, ruling that the gravamen of Schrader's complaint was excessive force—a battery, an intentional tort—which falls under the TTCA's intentional tort exclusion, thus preserving DPS's sovereign immunity.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActIntentional Tort ExclusionBatteryExcessive ForcePolice MisconductPlea to the JurisdictionWaiver of ImmunityInterlocutory Appeal
References
29
Case No. NO. 03-08-00466-CV
Regular Panel Decision
Feb 19, 2010

Texas Department of Public Safety v. Thomas Williams

Appellee Thomas Williams sued the Texas Department of Public Safety for discrimination and retaliation under the Texas Commission on Human Rights Act after being involuntarily transferred from the Governor's Protective Detail to the narcotics division. A jury found the Department retaliated against Williams, awarding him back pay, front pay, and damages for mental anguish. The Department appealed, arguing insufficient evidence for an adverse employment action and the monetary awards, and improper admission of an internal affairs report and an EEOC determination letter. The Texas Court of Appeals, Third District, affirmed the trial court's judgment, concluding that Williams's transfer, which resulted in a substantial loss of overtime and other benefits, constituted a materially adverse employment action. The court also found the jury's back and front pay awards were supported by sufficient evidence and that the trial court did not abuse its discretion in its evidentiary rulings.

Employment RetaliationRace DiscriminationTexas Commission on Human Rights ActAdverse Employment ActionBack PayFront PayOvertime CompensationEvidentiary RulingsInternal Affairs ReportEEOC Determination Letter
References
33
Case No. MISSING
Regular Panel Decision

Romaine v. New York City Transit Authority

Petitioners, Local 106 Transport Workers Union and Richard LaManna, initiated a proceeding to prevent the New York City Transit Authority (NYCTA) from mandating track safety training for property protection supervisors. The Supreme Court, Kings County, denied the petition, citing the petitioners' failure to exhaust administrative remedies and asserted Public Employment Relations Board (PERB) jurisdiction over improper labor practice claims. The appellate court reversed this judgment, ruling that the existing collective bargaining agreement was solely between the Union and the nonparty Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), not the NYCTA, making its grievance procedures inapplicable to the NYCTA. Furthermore, the court found that PERB lacked jurisdiction because the NYCTA was not the employer of the supervisors. Consequently, the petition was granted, prohibiting the NYCTA from enforcing mandatory track safety training.

Labor LawCollective Bargaining AgreementAdministrative RemediesPublic Employment Relations BoardProhibition ProceedingTrack Safety TrainingProperty Protection SupervisorsManhattan and Bronx Surface Transit Operating AuthorityNew York City Transit AuthorityExhaustion Doctrine
References
4
Case No. MISSING
Regular Panel Decision

Corpus Christi Fire Fighters Ass'n v. City of Corpus Christi

This cross-appeal addresses the interpretation of the Fire and Police Employee Relations Act (FPERA) concerning a collective bargaining agreement between the City of Corpus Christi and the Corpus Christi Fire Fighters Association. The dispute centers on whether the City's unilateral implementation of revised grooming standards and modifications to the Vehicle Accident Review Board (VARB) procedural rules constituted mandatory subjects for bargaining as "conditions of employment." Applying a balancing test, the court determined that both the grooming standards and the VARB rules had a greater impact on the City's management prerogatives, particularly public image and safety, than on the fire fighters' working conditions. Consequently, these issues were not deemed "conditions of employment" requiring collective bargaining. The court affirmed the trial court's judgment on grooming standards and reversed its ruling regarding the VARB rules.

Collective BargainingFPERAGrooming StandardsVehicle Accident Review BoardConditions of EmploymentManagement PrerogativesPublic SafetyFire FightersUnilateral ImplementationLabor Dispute
References
12
Case No. MISSING
Regular Panel Decision

Safety Cas. Co. v. Malvoux

Randolph Malvoux, an employee of Magnolia Petroleum Company, sued Safety Casualty Company for Workman’s Compensation due to an alleged accidental injury from overheating during employment on January 29, 1946. The jury found that Malvoux sustained an injury by overheating in the course of employment, which caused paresis, and that this injury resulted in total and permanent incapacity. The appellant, Safety Casualty Company, appealed the judgment, arguing insufficient evidence. The appellate court reviewed the evidence, including medical testimony supporting the link between overheating and the activation of syphilis leading to paresis, and found it sufficient. The court also upheld the trial judge's discretion in refusing to reopen the case for additional testimony. Ultimately, all of the appellant's points were overruled, and the trial court's judgment was affirmed.

Workers' CompensationOverheating InjuryParesisSyphilis AggravationAccidental InjuryTotal IncapacityPermanent DisabilityEmployer LiabilityMedical TestimonyAppellate Review
References
10
Case No. 2023 NY Slip Op 03994
Regular Panel Decision
Jul 28, 2023

Miller v. W Servs. Group, LLC

David L. Miller (plaintiff) sustained injuries from a slip and fall, receiving workers' compensation benefits from Safety National Casualty Corp., the insurer for his employer, Apple, Inc. Miller settled his personal injury claim against W Services Group, LLC for $1,350,000. He then attempted a "walk away" agreement with Safety National, where the insurer would waive its lien in exchange for Miller waiving future workers' compensation benefits. After an initial agreement by email, Safety National reneged upon learning Miller returned to work. The Supreme Court in Onondaga County enforced this settlement, but the Appellate Division, Fourth Department, reversed, ruling that any such agreement involving a waiver of a workers' compensation lien requires approval from the Workers' Compensation Board to be enforceable. The matter was remitted to the Supreme Court for further proceedings on alternative relief.

Workers' Compensation LawSettlement EnforceabilityLien WaiverAppellate ProcedureJudicial ReviewWorkers' Compensation BoardThird-Party LiabilityInsurance SubrogationContract DisputeStatutory Interpretation
References
3
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. MISSING
Regular Panel Decision

Relco, Inc. v. Consumer Product Safety Commission

Thomas Doss and Releo, Inc. (plaintiffs) filed an action seeking to enjoin the Consumers Product Safety Commission (CPSC) from enforcing certain sections of the Consumers Product Safety Act against their product, the "Wel-Dex" arc welder, and requested a three-judge panel for constitutional questions. The CPSC had issued a public warning about the Wel-Dex after an investigation, despite the plaintiffs' attempts to secure a prior hearing. The plaintiffs challenged the CPSC's delegation of authority for issuing such warnings and sought pre-enforcement judicial review. The court, presided over by District Judge Noel, determined that the plaintiffs had not exhausted their administrative remedies and that the matter was not ripe for judicial review. Consequently, the defendants' motion to dismiss was granted, and the cause was dismissed.

Consumer Product Safety ActAdministrative LawAgency DiscretionSubdelegation of AuthorityPublic WarningPre-enforcement ReviewExhaustion of Administrative RemediesRipeness for ReviewThree-Judge CourtDue Process
References
26
Case No. Docket No. 2018-02-0393, State File No. 19790-2018
Regular Panel Decision
Nov 27, 2019

Smith, Zackery Steven v. Everidge, Inc.

Mr. Zackery Steven Smith, an employee of Everidge, Inc., suffered a severe hand injury while operating a table saw with gloves on, despite prior safety training against it. He sought medical and temporary disability benefits, which Everidge denied, citing willful failure to follow safety rules. The Court found that Everidge failed to prove Mr. Smith violated a known safety rule or that there was bona fide enforcement of any such rule. Therefore, the Court ordered Everidge to provide ongoing medical benefits with Dr. Wesley Thayer but denied Mr. Smith's requests for past medical benefits and temporary disability benefits due to insufficient proof.

Workers' CompensationHand InjurySafety Rules ViolationWillful Misconduct DefenseMedical Benefits AwardedTemporary Disability DeniedEmployer NegligenceEmployee TrainingTable Saw AccidentAffirmative Defense Failure
References
3
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