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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

Grogan v. Santos

Plaintiff Albert Santos, an employee of non-subscriber Carter Farms Quality Meat, sued Georgia Grogan and John Carter for personal injuries sustained from a fall at work. Santos alleged negligence by Carter Farms for failing to provide a safe workplace and safety rules. A default judgment was entered against John Carter. The trial court granted a partial judgment against Georgia Grogan, deeming her a partner in Carter Farms due to her failure to verify a denial of partnership. The jury found Carter Farms negligent and awarded Santos $21,206.00 in damages. Grogan appealed, raising points of error regarding the denial of her motions to amend her answer and for continuance, a jury instruction, and the sufficiency of evidence for future pain and mental anguish. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in denying Grogan's motions and no error in the jury instruction or damage award.

Workers' CompensationPersonal InjuryEmployer NegligenceUnsafe WorkplacePartnership LiabilityProcedural ErrorTrial AmendmentContinuanceJury InstructionDamages Award
References
8
Case No. 2023 NY Slip Op 03322 [217 AD3d 813]
Regular Panel Decision
Jun 21, 2023

Acevedo v. PSM Long Is. Corp.

The plaintiff, Jose Acevedo, appealed an order denying his motion for leave to serve a third supplemental verified bill of particulars and for summary judgment on liability under Labor Law §§ 240 (1) and 241 (6). Acevedo was injured at a construction site when a ladder he was on tilted, causing him to jump onto a plank. The Appellate Division, Second Department, found that Acevedo established a prima facie case for a violation of Labor Law § 240 (1) and that the defendants failed to raise a triable issue of fact regarding the sole proximate cause of his injuries. Consequently, the court modified the lower court's order by granting Acevedo's motion for summary judgment on the Labor Law § 240 (1) claim, and affirmed the order as modified.

Construction Site AccidentLadder FallSummary JudgmentLabor Law ViolationPersonal InjuryAppellate ReviewProximate CauseWhite v 31-01 SteinwaySafety DevicesNondelegable Duty
References
7
Case No. 04-24-00516-CV & 04-24-00521-CV
Regular Panel Decision
Aug 13, 2025

B&T Dependable Services, LLC and Bernell Gardener v. Edward Santos

Edward Santos, performing work for B&T Dependable Services, LLC, was injured in a truck accident. B&T had workers' compensation coverage, and Texas Mutual Insurance Company provided Santos benefits. Santos subsequently sued B&T and Bernell Gardener for negligence, disputing his employment status. An administrative law judge (ALJ) previously ruled Santos was an employee, and Santos did not appeal this decision. Appellants filed a plea to the jurisdiction and a motion for summary judgment, arguing that the exclusive remedy provision of the Texas Labor Code and the doctrine of election of remedies barred Santos's lawsuit. The appellate court affirmed the trial court's denial of the plea to the jurisdiction, citing recent Supreme Court precedent that the Division of Workers' Compensation does not hold exclusive jurisdiction over negligence claims not predicated on entitlement to benefits. The court also affirmed the denial of the motion for summary judgment, concluding that appellants failed to conclusively prove every element of their affirmative defense of election of remedies.

Workers' Compensation LawNegligence ClaimExclusive Remedy DoctrineElection of RemediesSubject Matter JurisdictionAppellate Court ReviewSummary Judgment DenialTexas Labor CodeEmployment Status DisputeAdministrative Remedies Exhaustion
References
19
Case No. MISSING
Regular Panel Decision

Texas Department of Insurance, Workers' Compensation Division v. De Los Santos

Roel De Los Santos, a heavy equipment operator, sustained work-related injuries to both wrists in 1987 and 1994, leading to multiple surgeries and a diagnosis of Complex Regional Pain Syndrome (CRPS I) in both hands and arms. After the Division of Workers’ Compensation denied his claim for lifetime income benefits (LIBs) against Texas Mutual Insurance Company, De Los Santos sought judicial review. The trial court reversed the Division's decision, finding that De Los Santos's 1994 injury extended to CRPS I and insomnia, and that he permanently lost the use of both hands, entitling him to LIBs from the Subsequent Injury Fund. The Division appealed, challenging the sufficiency of evidence for LIBs and the trial court's jurisdiction to order the Fund to pay directly. The appellate court affirmed De Los Santos's entitlement to LIBs, finding sufficient medical evidence of total and permanent loss of hand use, but modified the judgment to remove the direct order for the Subsequent Injury Fund to pay, instructing De Los Santos to present the judgment to the Fund for payment through proper administrative procedure.

Workers' CompensationLifetime Income BenefitsComplex Regional Pain SyndromeCRPS IHand InjuryWork-Related InjuryJudicial ReviewSubsequent Injury FundSufficiency of EvidenceMedical Testimony
References
21
Case No. ADJ2057251
Regular
Nov 06, 2012

Santos Acevedo vs. Del Mar Die Casting Co., State Compensation Insurance Fund

This case concerns a cumulative trauma injury resulting in a stroke for applicant Santos Acevedo. A WCJ awarded home care services and modifications, finding the applicant in need of 9 hours of non-skilled assistance daily. Both the applicant and defendant State Compensation Insurance Fund sought reconsideration of this award. The Workers' Compensation Appeals Board granted reconsideration to allow further study of the factual and legal issues, aiming for a just and reasoned decision.

Workers' Compensation Appeals BoardDel Mar Die Casting Co.State Compensation Insurance FundSantos AcevedoHome Care IssuePetition for ReconsiderationCumulative Trauma InjuryStrokeHome Health Care AssistantIndustrial Injury
References
0
Case No. 2019 NY Slip Op 01479 [169 AD3d 1328]
Regular Panel Decision
Feb 28, 2019

Santos v. State of New York

Agnaldo Dos Santos, an employee of P.S. Bruckel, Inc., was injured in November 2015 while working on a bridge owned by the State of New York, sustaining a fractured ankle after falling through an opening in a temporary deck during sandblasting. He commenced an action against the State under Labor Law § 240 (1), alleging a failure to provide adequate safety devices. The Court of Claims granted Dos Santos's motion for partial summary judgment on liability and denied the State's motion to dismiss the claim. On appeal, the Appellate Division affirmed the lower court's decision, concluding that the opening in the deck constituted an elevation-related risk and that Dos Santos was not the sole proximate cause of the accident, as there was no evidence he was instructed to cover the opening or request it be covered.

Labor Law § 240 (1)Elevation-related hazardScaffold defectSummary judgmentProximate causeAppellate reviewPersonal injuryConstruction accidentBridge workFractured ankle
References
12
Case No. 03-09-00579-CV
Regular Panel Decision
Oct 15, 2010

Samuel G. Santos, Sr. v. Texas Enterprises, Inc. D/B/A Golden West Oil Company

Samuel G. Santos appeals the trial court's order awarding attorney's fees to Texas Enterprises, Inc., d/b/a Golden West Oil Company. The dispute arose from Santos's failure to pay a balance on an open commercial account. After a justice court summary judgment and Santos's appeal, the county court at law affirmed liquidated damages and prejudgment interest but held an evidentiary hearing on attorney's fees. The trial court subsequently awarded Golden West $15,178.83 in attorney's fees, plus contingent appellate fees. Santos challenged the reasonableness of this award, but the appellate court reviewed the evidence, including witness testimony and billing statements, and affirmed the trial court's decision, finding the fees reasonable.

Attorney's FeesReasonableness of FeesSworn AccountSummary JudgmentAppellate ReviewSufficiency of EvidenceTrial Court OrderCommercial Account DisputeTravis CountyTexas Civil Practice and Remedies Code
References
27
Case No. CV-23-1577
Regular Panel Decision
Nov 14, 2024

In the Matter of the Claim of Miguel Maria Santos

Miguel Maria Santos, a pizza delivery person, appealed a Workers' Compensation Board decision denying his claim for benefits. Santos alleged injuries from a fall off his electric bicycle on June 14, 2021, while working for 77 GP, Inc. However, 77 GP, Inc. and its carrier controverted the claim, asserting no employer-employee relationship existed at the time of the accident. The Workers' Compensation Law Judge credited the employer's testimony that Santos was discharged on June 2, 2021, for drinking on the job, prior to his injuries. The Workers' Compensation Board affirmed this decision, and the Appellate Division also affirmed, finding the Board's determination supported by substantial evidence.

Workers' compensationEmployer-employee relationshipSubstantial evidenceCredibility assessmentPizza deliveryDischarged employeeBicycle accidentAppellate reviewClaim denial
References
5
Case No. 2019 NY Slip Op 06833 [175 AD3d 1742]
Regular Panel Decision
Sep 26, 2019

Matter of Santos v. Brickens Constr. Inc.

Arturo Santos, a claimant with a work-related back injury classified as a permanent partial disability since 2007, had his workers' compensation benefits suspended in November 2016 due to a lack of labor market attachment, a decision upheld by the Workers' Compensation Board in March 2017. Following an April 2017 amendment to Workers' Compensation Law § 15 (3) (w) that removed the labor market attachment requirement for certain permanent partial disability claimants, Santos sought reinstatement of his benefits. Although a Workers' Compensation Law Judge initially reinstated the award, the Board rescinded it, ruling the amendment did not apply retroactively to his claim. The Appellate Division, Third Department, affirmed the Board's decision, consistent with the precedent set in Matter of Scott v Visiting Nurses Home Care, because the final determination regarding Santos's voluntary withdrawal from the labor market occurred prior to the amendment's effective date.

Permanent Partial DisabilityLabor Market AttachmentWorkers' Compensation BenefitsRetroactive ApplicationStatutory AmendmentWorkers' Compensation BoardAppellate DivisionBenefit SuspensionClaimant RightsDisability Law
References
4
Case No. 5976 110582/10
Regular Panel Decision
May 29, 2018

Santos v. Condo 124 LLC

This case involves an appeal regarding a construction worker, Franklin Santos, who sustained injuries after falling from a scaffold while manually carrying heavy marble at a construction site. The plaintiff sued the building owners, construction manager, and site safety consultant, alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The Supreme Court's order denied summary judgment for the site safety consultant (CRSG) and the plaintiffs, while granting summary judgment to other defendants on certain claims. The Appellate Division affirmed this decision, citing the existence of triable issues of fact. Key factual disputes included whether CRSG acted as a statutory agent under the Labor Law, given its authority to stop unsafe work practices, and the precise cause of Santos's fall, with conflicting testimonies regarding the scaffold's condition. The court also upheld the dismissal of specific Labor Law § 241(6) claims and the common-law negligence and Labor Law § 200 claims due to a lack of evidence regarding defendants' supervision, control, or notice of the alleged defect. A dissenting opinion argued for summary judgment in favor of the plaintiffs on the Labor Law § 240(1) claim.

Construction AccidentScaffold FallLabor Law 240(1)Labor Law 241(6)Labor Law 200Summary JudgmentStatutory AgentSite Safety ConsultantIndustrial Code ViolationsProximate Cause
References
34
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