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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

Echostar Satellite L.L.C. and Dish Network Service L.L.C. v. Ray Aguilar

Ray Aguilar sued his employers, Echostar Satellite L.L.C. and Dish Network Service, L.L.C., for wrongful termination in violation of the Texas Labor Code Chapter 451, alleging retaliation for filing a workers' compensation claim after a workplace injury. Aguilar claimed a hostile work environment, denial of a pay raise, and being pressured into unpaid FMLA leave, leading to his termination for 'job abandonment' without proper notice. A jury found in Aguilar's favor, awarding actual and punitive damages. The appellate court affirmed the findings of retaliation and constructive discharge, concluding there was sufficient evidence that the employers failed to uniformly enforce their absence control policy and showed a causal link between the claim and termination. However, the court reversed the punitive damages award, finding insufficient evidence of actual malice.

Retaliatory DischargeEmployment DiscriminationTexas Labor Code Chapter 451Absence Control PolicyConstructive TerminationFamily Medical Leave Act (FMLA)Exemplary DamagesLegal SufficiencyFactual SufficiencyAppellate Review
References
42
Case No. 08-10-00328-CV
Regular Panel Decision
Oct 17, 2012

Echostar Satellite L.L.C. and Dish Network Service L.L.C. v. Ray Aguilar

Ray Aguilar, a former employee, sued Echostar Satellite L.L.C. and Dish Network, L.L.C. for wrongful termination under the Texas Labor Code Chapter 451, alleging retaliation for filing a workers' compensation claim. A jury found in Aguilar's favor, awarding actual and exemplary damages. On appeal, the Eighth District Court of Appeals of Texas affirmed the jury's findings regarding the employer's failure to uniformly enforce its absence control policy, the presence of retaliatory discharge, and constructive termination. However, the court reversed the award of exemplary damages, concluding there was insufficient evidence of actual malice.

Workers' CompensationRetaliatory DischargeAbsence Control PolicyConstructive TerminationExemplary DamagesTexas Labor CodeFMLAJury VerdictAppellate ReviewEmployment Law
References
42
Case No. ADJ9288932
Regular
Mar 11, 2016

DAVID BURGHGRAEF vs. DISH NETWORK CORPORATION, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Defendant Dish Network's Petition for Removal. The Board found that Defendant failed to demonstrate substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The WCJ's report, adopted by the Board, found Defendant's attempt to conduct further discovery from subsequent employers untimely and a delay tactic. Therefore, the Board denied removal as an extraordinary remedy.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationDeclaration of ReadinessMandatory Settlement ConferencePanel QMEPermanent Disability Rating
References
6
Case No. MISSING
Regular Panel Decision

Feher Rubbish Removal, Inc. v. New York State Department of Labor

The appellate court addressed appeals by the New York State Department of Labor (DOL) concerning judgments that annulled the DOL's determination that prevailing wages must be paid by Feher Rubbish Removal, Inc. and Syracuse Haulers Waste Removal, Inc. for refuse collection, specifically questioning if this applied to private buildings. The court first clarified that the actions were purely for declaratory judgment, not CPLR article 78 proceedings to annul determinations. Interpreting Labor Law § 231 (1), the court found that its plain language and legislative intent did not limit its application to public buildings. Consequently, the court concluded that employers are indeed obligated to pay prevailing wages to employees collecting garbage or refuse from both public and private buildings under municipal contracts. The judgments of the lower court were modified, and declarations were amended to reflect this obligation.

Prevailing WageLabor LawStatutory InterpretationPublic WorksBuilding Service WorkGarbage CollectionRefuse RemovalMunicipal ContractsDeclaratory JudgmentAppellate Review
References
14
Case No. SAC 308622 SAC 308623 SAC 309351 SAC 323463 SAC 355784
Regular
May 09, 2007

DELETTE ZIEGELMANN-JACKSON vs. COUNTY OF SACRAMENTO

The applicant sought removal to challenge the WCJ's deferral of a ruling on a petition to enforce a subpoena for personal items, arguing it unfairly required a second deposition. The Appeals Board dismissed removal in several cases where no issues were pending, but granted removal in case number SAC 355784. The Board affirmed the WCJ's order deferring the subpoena ruling, allowing for potential further depositions if warranted, and returned the matter for further proceedings.

Workers Compensation Appeals BoardRemovalPetition to EnforceSubpoena Duces TecumDeferred RulingIndustrial InjuryLabor Code Section 132aDiscriminationPrivacyDeposition
References
0
Case No. ADJ1943415 (LBO 0381428)
Regular
Aug 14, 2012

ADALBERTO JUAREZ vs. P.S. STIX INCORPORATED, NATIONAL LIABILITY AND FIRE INSURANCE, BERKSHIRE HATHAWAY INSURANCE COMPANIES

This case involves a lien claimant's petition for removal regarding an order to disclose a global settlement with a co-defendant. The Appeals Board found the procedural record deficient, preventing timely review of the removal petition. Ultimately, the Board granted removal on its own motion to address the "procedural morass." The Board rescinded the WCJ's order reinstating a prior minute order and dismissed the lien claimant's petition as moot, allowing for an in-camera review of the settlement agreement.

Petition for RemovalWorkers' Compensation Appeals BoardLien ClaimantGlobal SettlementConfidentiality clauseNon-Disclosure clauseCompromise and ReleaseMandatory Settlement ConferenceWCJOrder Setting Aside
References
4
Case No. ADJ80340084
Regular
Apr 23, 2013

KEITH CRABTREE vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision addresses a defendant's petition for removal. The Board denied removal regarding the WCJ's continuance of trial to April 29, 2013. However, the Board granted removal and rescinded the WCJ's order compelling the defendant to produce claims adjustor Rebecca Huiras and the claims file without a subpoena. The matter is returned to the trial level for further proceedings.

RemovalWCJContinuance of trialClaims adjustorWitness productionClaims fileSubpoenaRescindedReturned to trial levelDecision after removal
References
0
Case No. ADJ10061166
Regular
Oct 02, 2015

Lorenzo Lujan vs. RAMCO, INTERCARE

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, overturning a prior order that denied his request to change venue. The applicant resides in Santa Barbara County, where his injury occurred and his attorney's office is located, and he properly designated Santa Barbara for venue. Despite the Workers' Compensation Division's website listing Santa Barbara as a "Satellite office," the Board found it provides the same essential services as other district offices. Therefore, venue was transferred to the Santa Barbara District Office, as required by Labor Code section 5501.5(a).

Petition for RemovalOrder Denying Change of VenueLabor Code section 5501.5applicant's residencelocation of injuryattorney's principal place of businessSanta Barbara District OfficeSan Luis Obispo District OfficeSatellite officemandatory venue
References
1
Case No. ADJ10073542, ADJ10073543
Regular
Oct 23, 2015

Mike L. Luallen vs. SYSCO VENTURA, INC., GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning a prior order that denied a change of venue. The applicant, residing and injured in Santa Barbara County, sought to transfer his cases from the San Luis Obispo office to Santa Barbara, arguing substantial prejudice due to geographical inconvenience. The WCAB found that Santa Barbara office functions as a regular district office despite its "satellite" designation, making venue proper there per Labor Code § 5501.5(a). Consequently, the WCAB ordered venue transferred to the Santa Barbara office for both cases.

Petition for RemovalJoint Order Denying Change of VenueWCJApplicant's ResidenceEmployer's WorkplaceInjury LocationAttorney's Principal Place of BusinessLabor Code Section 5501.5VenueAppeals Board
References
3
Case No. ADJ3589881 (SBR0186633) ADJ2907298 (SBR0185776)
Regular
Mar 14, 2017

THEODORE MOULAS vs. SDA TRANSPORTATION, SAFECO INSURANCE COMPANY OF AMERICA

The defendant sought removal, challenging the WCJ's order to reopen discovery after trial had begun. The Appeals Board initially dismissed the removal petition as moot, believing the discovery dispute was resolved. However, the defendant asserted the dispute remained unresolved, prompting the Board to grant a new petition for removal. The Board rescinded its prior dismissal, denied the original removal petition without prejudice, and ordered the WCJ to hold an expeditious status conference to clarify the case's status and facilitate resolution.

Petition for RemovalDiscovery DisputeMandatory Settlement ConferenceReopening DiscoveryGood CauseIrreparable HarmMoot PetitionRescind OrderStatus ConferenceExpiditious Resolution
References
2
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