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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2017 NY Slip Op 07909 [155 AD3d 1208]
Regular Panel Decision
Nov 09, 2017

NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc.

Plaintiff, a self-insured trust, commenced a collection action against defendant, a former member, for unpaid assessments related to workers' compensation claims. Defendant counterclaimed and filed a third-party action against Cool Insuring Agency, the trust's administrators, alleging mismanagement. During discovery, a dispute arose over a report commissioned by defendant's counsel from a consultant, which Cool and plaintiff sought to compel. Defendant asserted attorney-client privilege, attorney work product, and material prepared in anticipation of litigation. The Supreme Court partially granted the motions to compel, a decision largely affirmed by the Appellate Division, Third Department, with a modification regarding a specific email exchange found to be protected attorney work product.

Discovery DisputeAttorney-Client PrivilegeAttorney Work ProductMaterial Prepared for LitigationSelf-Insurance TrustWorkers' Compensation BenefitsBreach of ContractUnjust EnrichmentThird-Party ActionClaims Administration
References
20
Case No. 04-13-00069-CV
Regular Panel Decision
Feb 19, 2014

Tarrant County Democratic Party, Steve Maxwell, in His Official Capacity as Chair of the Tarrant County Democratic Party, Texas Democratic Party And Gilberto Hinojosa, in His Official Capacity as Chair of the Texas Democratic Party v. John Steen, in His Official Capacity as Secretary of State of Texas

This appeal concerns the reimbursement of attorney's fees incurred by the Tarrant County Democratic Party (TCDP), Texas Democratic Party (TDP), and their chairs (Appellants) from the Texas Secretary of State (Appellee). The fees were for defending an election contest lawsuit (the Brimer suit) challenging Wendy Davis’s eligibility as a Democratic candidate for State Senate District 10. The Secretary of State denied reimbursement, arguing the fees were unrelated to the primary election. The appellate court held that Election Code section 173.086(a) waives sovereign immunity and that the Brimer suit fees were

Election LawAttorney's FeesSovereign ImmunityStatutory InterpretationPrimary ElectionElection ContestTexas Election CodeReimbursement ClaimDeclaratory Judgment ActAppellate Procedure
References
33
Case No. 22-0585
Regular Panel Decision
May 17, 2024

Texas Department of Transportation v. Mark Self and Birgit Self

The Texas Department of Transportation (TxDOT) was sued by Mark and Birgit Self for negligence and inverse condemnation after a subcontractor cut down trees on the Selfs' property outside the State's right-of-way easement. The Supreme Court of Texas reversed the court of appeals' judgment on both counts. The Court held that the Tort Claims Act does not waive immunity for the Selfs' negligence claim because the subcontractor's employees were not in TxDOT's paid service, nor did TxDOT employees directly operate the equipment. However, the Court found a viable cause of action for inverse condemnation, concluding that TxDOT intentionally directed the destruction of the trees for public use, even if it mistakenly believed it had the legal right to do so. The negligence claim was dismissed, and the inverse condemnation claim was remanded for further proceedings.

Sovereign ImmunityInverse CondemnationNegligence ClaimTort Claims ActGovernment LiabilityProperty DamageRight-of-Way EasementSubcontractor LiabilityTree RemovalEminent Domain
References
65
Case No. M2009-02442-COA-R3-CV
Regular Panel Decision
Oct 28, 2010

Estate of David Holt Ralston, by John A. Ralston, Personal Representative v. Fred R. Hobbs

The personal representative of David Holt Ralston's estate filed an action to rescind twelve deeds executed by Fred R. Hobbs, the decedent's attorney-in-fact, without the decedent's knowledge and for no consideration. The properties were conveyed to Hobbs, his mother, and his daughter. The personal representative alleged breach of fiduciary duty. The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties. On appeal, Hobbs challenged the personal representative's standing, statute of limitations, the finding of fiduciary duty breach, and damage calculation. The Court of Appeals affirmed the trial court's decision on all grounds, finding the personal representative had standing, the action was timely filed, and Hobbs breached his fiduciary duty by making unauthorized gifts not in line with the principal's gifting history.

Fiduciary DutyPower of AttorneyReal Property ConversionStatute of LimitationsDeed RescissionMonetary DamagesAppellate ReviewEstate LawUndue InfluenceAttorney-in-Fact Breach
References
32
Case No. MISSING
Regular Panel Decision

NYAHSA Services, Inc., Self-Insurance Trust v. Recco Home Care Services, Inc.

This case involves an appeal stemming from an original action where NYAHSA Servs., Inc., Self-Ins. Trust sued People Care Inc. for breach of contract and unjust enrichment related to workers' compensation contributions. People Care Inc. then initiated a third-party action against its administrators, Cool Insuring Agency, Inc., Cool Risk Management, Inc., LeadingAge New York Services, Inc., and LeadingAge New York, Inc., alleging various causes of action including breach of contract, fiduciary duty, fraud, negligence, and alter ego liability. The Supreme Court partially granted motions to dismiss the third-party complaint. The Appellate Division, on review, affirmed the dismissal of some claims (e.g., breach of good faith, fiduciary duty, unjust enrichment, negligence) due to duplication with contract claims or being time-barred. However, it reversed the dismissal of the second (breach of contract), ninth (negligent misrepresentation), and twelfth (alter ego liability) causes of action, and adjusted the temporal scope for fraud claims, allowing these specific claims to proceed against the third-party defendants.

Third-party actionMotion to dismissBreach of contractBreach of fiduciary dutyFraud claimsNegligence claimsUnjust enrichmentNegligent misrepresentationAlter ego liabilityStatute of limitations
References
54
Case No. MISSING
Regular Panel Decision

Heggie v. Cumberland Electric Membership Corp.

Christopher A. Heggie, an employee, died during employment due to contact with CEMC's electrical wires. TCSA, the workers' compensation carrier for Montgomery County, paid death benefits to Heggie's representative. The representative then sued CEMC for negligence, and TCSA intervened to protect its subrogation interest. The representative settled with CEMC for $25,000, with the agreement explicitly preserving TCSA's rights against CEMC. However, the trial court granted TCSA's motion, ruling that TCSA had a subrogation lien on the settlement funds. The appellate court affirmed, holding that an employee cannot circumvent an employer's statutory subrogation lien by preserving the employer's rights against a third-party tortfeasor in a settlement agreement.

Workers' CompensationSubrogation LienSettlement AgreementThird-Party TortfeasorStatutory InterpretationEmployee RightsEmployer ReimbursementAppellate ReviewVoluntary Non-SuitDeath Benefit
References
8
Case No. 14-18-00668-CV
Regular Panel Decision
Oct 31, 2019

Ralph Winston Merrill III v. Travis County, Self-Insured Carrier

This case involves an appeal from the dismissal of a suit on jurisdictional grounds, stemming from a dispute over death benefits under the Texas Workers’ Compensation Act. Appellant Ralph Winston Merrill III claimed entitlement to death benefits as the common-law husband of Kristin McLain, a Travis County flight nurse who died in a work-related fall. Travis County, the self-insured carrier, denied the marriage's validity and asserted McLain's parents were the sole beneficiaries. Merrill prevailed at the administrative level, but filed his own suit for judicial review in the 353rd District Court, despite being the prevailing party. The appellate court affirmed the trial court's dismissal, agreeing that Merrill, as the prevailing party, was not aggrieved and thus lacked standing for judicial review.

Workers' CompensationDeath BenefitsJurisdictionStandingCommon-Law MarriageAdministrative LawJudicial ReviewAppellate ProcedureTexas Labor CodeSelf-Insured Carrier
References
18
Case No. ADJ3953416
Regular
Mar 07, 2013

CLENNON MOORE vs. COUNTY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding no significant prejudice or irreparable harm from the WCJ's order vacating a trial date. The Board also denied the defendant's petition to remove the applicant's non-attorney representative, Danny Boyd, from appearing, despite Boyd's history of abusive conduct. However, the Board issued a stern warning to Boyd that future misconduct will result in proceedings to remove his privilege to represent parties. The Board noted Boyd's potential violation of paralegal regulations and advised him to ensure compliance.

WCABPetition for RemovalHearing RepresentativeLabor Code Section 4907Cease and Desist OrderAbusive ConductNon-attorney RepresentativeSB 899Labor Code Section 5814Medical Mileage
References
3
Case No. MISSING
Regular Panel Decision

Place v. Ryder

Claimant, who received workers' compensation benefits from a self-insured employer, settled a third-party action. A dispute arose regarding whether the employer had waived its statutory offset rights against the claimant's net recovery from the third-party action, as there was no written agreement. The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's decision, finding that the self-insured employer had reserved its offset rights. The appellate court affirmed the Board's decision, concluding that the employer's attorney's correspondence provided substantial evidence to support the Board's finding that offset rights were explicitly reserved.

Workers' CompensationOffset RightsThird-Party SettlementEmployer's LienStatutory WaiverAttorney CorrespondenceAppellate ReviewSubstantial EvidenceWorkers' Compensation BoardNew York
References
7
Case No. MISSING
Regular Panel Decision

Thomas v. Keystone Silver, Inc.

This case addresses a motion to dismiss a complaint filed under Section 16b of the Federal Fair Labor Standards Act. The central issue is whether an ex-employee can initiate and maintain a representative action on behalf of other current employees who are members of a rival union, particularly when these employees did not consent to the action and it proceeds against their will. The court ruled that such a representative action cannot be sustained under these circumstances, citing concerns about consent, interests of the represented parties, and public policy. The motion was granted to strike all allegations pertaining to the representative character of the action, except for Harry Orfinger's individual claim.

Fair Labor Standards ActRepresentative ActionLegal Capacity to SueMotion to DismissEx-EmployeeUnion RepresentationClass ActionMultiplicity of ActionsPublic PolicyEmployee Rights
References
4
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