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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

Claim of Bressor v. Marriott Corp.

Claimant, a revenue reporting clerk, developed seizures linked to work-related stress, initially in January 1990 and again in January 1995 after increased duties. He filed a workers' compensation claim in May 1995. The Workers’ Compensation Board found the claim untimely, ruling the accident occurred in January 1990. However, the appellate court reversed, finding that the January 1995 recurrence due to new stress constituted a separate, timely accident. The case was remitted to the Board for further proceedings to determine if the seizure disorder actually constituted an accident and its causal relationship to the job stress.

seizure disorderepilepsywork-related stresstimeliness of claimstatute of limitationsoccupational accidentBoard decisionappellate reviewremittalcausal relationship
References
2
Case No. MISSING
Regular Panel Decision

Zaher A. El-Ali v. State

This case involves the seizure and forfeiture of a 2004 Chevrolet Silverado pickup truck. Appellant Zaher A. El-Ali challenged the forfeiture after the vehicle, which he owned, was used by Roberto Faustino in felony offenses. El-Ali initially asserted an innocent-owner defense but later abandoned it. On appeal, El-Ali argued that the innocent-owner defense violated due process under the Texas Constitution by requiring proof of a negative, and that the forfeiture statute unconstitutionally incentivized law enforcement. The appellate court affirmed the trial court's judgment, finding the innocent-owner defense added a layer of due process protection and that El-Ali failed to preserve his discovery complaint regarding the incentive argument.

Civil forfeitureInnocent owner defenseDue processTexas ConstitutionSummary judgmentAppellate reviewContrabandProperty rightsLaw enforcement incentivesStatutory interpretation
References
19
Case No. MISSING
Regular Panel Decision
Apr 30, 1982

Geen v. Foschio

Barbara Geen initiated a lawsuit challenging the New York State Department of Motor Vehicles' policy of automatically suspending or denying driver's licenses to individuals with seizure disorders without an impartial hearing, citing a violation of due process. Glen Neville, whose license was suspended due to a seizure, successfully moved to intervene in the case, seeking preliminary injunctive relief. The court granted Neville's motion, ordering his license reinstated with a daytime driving restriction and a requirement to report any future seizures. Furthermore, the court certified a statewide class of plaintiffs, concluding that both Geen and Neville demonstrated a likelihood of success on their claim that they are entitled to a due process hearing.

due processdriver's licensemotor vehicleepilepsyseizure disorderpreliminary injunctionclass actioninterventionmedical opinionconstitutional law
References
10
Case No. E2016-02572-COA-R3-CV
Regular Panel Decision
Jul 27, 2017

Charles D. Sprunger v. Cumberland County, TN Sheriff's Office

A homeowner, Charles D. Sprunger, was convicted of possessing child pornography, which led to the seizure of his house via a forfeiture warrant. The Tennessee Supreme Court later vacated the forfeiture, ruling that the seizing officer failed to follow critical procedural requirements regarding notice. Subsequently, Sprunger filed a complaint against the Cumberland County Sheriff's Office, alleging bad faith seizure and seeking damages. The trial court granted summary judgment to the County, finding no intentional misconduct or lack of reasonable legal basis for the seizure by Detective Haynes. The Court of Appeals affirmed this decision, concluding that while the procedural errors were improper, they did not meet the statutory definition of "bad faith," which demands a higher degree of knowing misconduct or indifference.

ForfeitureChild PornographyBad Faith SeizureSummary JudgmentAppellate ProcedureStatute of LimitationsDue ProcessProperty SeizureStatutory ConstructionIntentional Misconduct
References
48
Case No. ADJ4028459 (SRO 0142511)
Regular
Mar 02, 2017

ANITA HOLSTEIN vs. SONOMA DEVELOPMENTAL CENTER, STATE COMPENSATION INSURANCE FUND

This case involved a defendant challenging a permanent total disability award for an applicant with cumulative trauma injuries and a seizure disorder. The defendant argued the vocational expert's opinion was unreliable and the disability rating was improperly calculated. The Board affirmed the award, agreeing that while the rating methodology was technically flawed, the applicant's seizure disorder rendered her unable to return to the labor market, making the calculation error moot. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardCumulative TraumaPermanent Total DisabilityVocational ExpertSeizure DisorderNon-Epileptic SeizuresRating MethodologyCombined Values ChartSubstantial EvidenceGainful Employment
References
3
Case No. ADJ7257372
Regular
Dec 14, 2015

Joshua Geiger vs. George Geiger, State Farm Insurance Bakersfield

This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The defendant argued that applicant's spouse had improper ex parte communication with the Agreed Medical Examiner (AME) by providing video and notes of the applicant's seizures. The WCAB denied reconsideration, finding that the communication occurred at the AME's request during the examination and was therefore exempt from statutory ex parte communication prohibitions. The Board concluded that the information provided was de minimis and did not warrant removal of the AME or striking of reports, especially since the seizure disorder was not a disputed issue.

Ex parte communicationAgreed Medical Examiner (AME)Labor Code Section 4062.3Rule 35Petition for ReconsiderationFindings and AwardWCJ ReportEpilepsySeizuresHome health care
References
4
Case No. 13-11-00162-CV
Regular Panel Decision
Jul 12, 2012

Everhart Investment Trust v. Jon Strand, Beth Strand and Ronald Gilstrap

Everhart Investment Trust (Everhart) appealed the trial court's grant of Jon Strand, Beth Strand, and Ronald Gilstrap's (Strand) plea to the jurisdiction and motion for sanctions. The core issue stemmed from an IRS tax lien, seizure, and sale of Everhart's property, which was subsequently acquired by Strand. Everhart's trespass-to-try-title suit against Strand was dismissed by the trial court for lack of standing. The appellate court affirmed, ruling that Everhart lacked standing as the controversy regarding the property's seizure and sale primarily involved the IRS, not Strand. The court also overruled Everhart's sanctions issue due to inadequate briefing.

Trespass to Try TitlePlea to JurisdictionStandingTax LienProperty SeizureFederal Tax LawAppellate ReviewSanctionsAbuse of DiscretionSubject-Matter Jurisdiction
References
9
Case No. MISSING
Regular Panel Decision

Matter of Hopkins v. Emcor Group, Inc.

Claimant suffered serious injuries after falling from a scissors lift at work. His claim for workers’ compensation benefits was controverted by the employer and its carrier, who argued the fall was caused by a seizure from substance or alcohol withdrawal, not work-related. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board found the injury to be work-related. On appeal, the carrier presented testimony from a neurologist who could only state a seizure was 'likely,' and eyewitnesses could not definitively rule out the claimant becoming entangled in hoses. The Appellate Division affirmed the Board’s decision, concluding that the carrier's evidence was speculative and insufficient to rebut the Workers’ Compensation Law § 21 presumption of compensability.

Workers' CompensationAccidental InjuryCourse of EmploymentArising out of EmploymentPresumption of CompensabilityScissors Lift FallSeizureSubstance Abuse WithdrawalAlcohol WithdrawalMedical Testimony
References
4
Case No. MISSING
Regular Panel Decision

LM Business Associates, Inc. v. State

Defendant appealed a Court of Claims judgment that found them liable to claimants for conversion and negligent misrepresentation. The case stemmed from the seizure of claimants' computers during a fraud investigation into affiliated businesses, which resulted in the owner's conviction, though claimants were never charged. The seized computers, vital for claimants' businesses, were returned over two years later. The appellate court reversed the judgment, holding that defendant's seizure and retention of the computers were authorized by a valid search warrant, thus not constituting conversion. It further ruled that no 'privity-like relationship' existed between investigators and claimants to support a negligent misrepresentation claim. Lastly, the court dismissed the constitutional tort claim, noting claimants had adequate alternative remedies in other forums.

ConversionNegligent MisrepresentationSearch WarrantSeizure of PropertyState LiabilityAppellate ReviewConstitutional TortFraud InvestigationWorkers' Compensation LawCourt of Claims
References
22
Case No. 2016-02-0026
Regular Panel Decision
Sep 21, 2016

Palmer, Norman v. Paul Hardy

Norman Palmer, an employee of Paul Hardy, filed a Request for Expedited Hearing seeking medical and temporary disability benefits after allegedly falling from a roof at work on October 21, 2015. Palmer, who has a history of epileptic seizures, remembered seeing a ladder but then woke up on the ground with injuries. His employer and insurance carrier, Hartford Insurance Company, denied the claim, asserting the injury was a seizure not causally related to work. The Workers' Compensation Judge, Brian K. Addington, denied Palmer's request, finding he failed to provide sufficient evidence that his injury arose primarily out of and in the course and scope of his employment, categorizing the fall as idiopathic due to lack of explanation. The matter is set for an Initial (Scheduling) Hearing on November 1, 2016.

Expedited HearingMedical Benefits DenialTemporary Disability BenefitsCompensable Injury DisputeArising Out of EmploymentCourse and Scope of EmploymentEpileptic Seizure FallIdiopathic Injury DoctrineEmployee Burden of ProofDegenerative Disc Disease
References
3
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