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Case Law Database

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

Case No. 05-20-00106-CV

Regular Panel Decision

Jun 17, 2021

Lafayette Nelson III v. Egyptian Magic Skin Cream, LLC

Lafayette Nelson III appealed the trial court's judgment dismissing his claim for employment bonuses against Egyptian Magic Skin Cream, LLC. Nelson contended that his claim was not barred by res judicata and that the Texas Workforce Commission's (TWC) prior wage determination was ambiguous or incomplete. The Fifth District Court of Appeals at Dallas affirmed the trial court's decision, ruling that Nelson's claim for the 2015 bonus had been fully and finally adjudicated by the TWC. The court concluded that Nelson's failure to timely appeal the TWC's decision to a judicial court resulted in his current lawsuit being barred by res judicata.

employment bonuswage disputeres judicataTexas Workforce Commissionsummary judgmentappellate reviewpro se appealPayday Lawbreach of contractfinal judgment

References

Case No. 13-ev-3288; 13-cv-4244

Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion

References

Case No. MISSING

Regular Panel Decision

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony

References

Case No. 2021 NY Slip Op 01469

Regular Panel Decision

Mar 11, 2021

Matter of Mayewski v. Superior Plus Energy Servs.

Claimant David Mayewski suffered work-related second and third-degree burns in 2013, leading to scarring and skin grafts. Following a permanency evaluation, his treating physician and an independent medical examiner offered reports concerning a schedule loss of use for his right arm and leg, and the treating physician also found a nonschedule permanent impairment for his torso/skin. The Workers' Compensation Law Judge and the Workers' Compensation Board both concluded that the injuries were amenable to a nonschedule classification. Mayewski appealed this decision, arguing it was limited to his torso and did not account for limited range of motion in his extremities. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence from the treating physician's report detailing objective skin disorder findings, thermal regulation issues, skin irritation, and intermittent pain.

Workers' CompensationSchedule Loss of UseNonschedule ClassificationPermanent Partial DisabilityBurnsSkin ImpairmentAppellate ReviewMedical EvidenceImpairment Guidelines

References

Case No. MISSING

Regular Panel Decision

McKillop v. McKillop Funeral Livery, Inc.

This case involves appeals from two decisions by the Workers’ Compensation Board concerning a claimant’s decedent who developed an occupational disease. The decedent, a hearse and limousine driver, suffered from epidermedysplasia verrucaformis (EV), a rare skin disorder. A doctor testified that cumulative sunlight exposure, rather than recreational exposure, caused the EV lesions to become cancerous, noting a higher incidence on the sun-exposed left side of his face. The Board found a causal relationship between employment and the skin cancer, concluding it was an occupational disease. The court affirmed these decisions, emphasizing that conflicting medical opinions are within the Board's purview to resolve.

Occupational DiseaseSkin CancerEpidermedysplasia VerrucaformisSunlight ExposureCausationMedical OpinionWorkers' CompensationAppealsDriverCarcinomas

References

Case No. MISSING

Regular Panel Decision

Jan 17, 1996

Claim of Palevsky v. New York City Board of Education

In 1986, while working as an education associate in the Bronx, the claimant sustained a fractured nose due to a student altercation and filed a timely workers' compensation claim, receiving benefits. The case remained open for a pending nasal surgery issue. Years later, in 1992, the claimant sought compensation for alleged consequential posttraumatic stress disorder. The self-insured employer, the New York City Board of Education, argued that Workers' Compensation Law § 28, a two-year statute of limitations, barred this new claim. However, both the Workers' Compensation Law Judge and the Board affirmed that Section 28 does not apply to consequential injuries. Upon appeal, the Court concurred, holding that a subsequent claim for disability compensation related to injuries in an earlier, timely claim is not barred by the two-year limit for amendment.

Workers' CompensationPosttraumatic Stress DisorderStatute of LimitationsConsequential InjuryWorkers' Compensation Law § 28Time BarBoard DecisionAppealWorkplace InjuryNasal Fracture

References

Case No. 10 Civ. 3314; 10 Civ. 5013

Regular Panel Decision

Dec 22, 2010

Alzheimer's Foundation of America, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This consolidated opinion addresses dueling motions to dismiss in two civil actions involving the Alzheimer’s Foundation of Americas, Inc. (the "Foundation") and the Alzheimer’s Disease and Related Disorders Association (the "Association"). The Foundation initiated a lawsuit alleging misrepresentation, trademark dilution, unfair competition, unjust enrichment, conspiracy, conversion, and UCC violations against the Association and Northern Trust. Conversely, the Association filed its own complaint asserting claims of trademark infringement, libel, injurious falsehood, false designation, dilution, fraud, tortious interference, injury to business reputation, unfair competition, unjust enrichment, and conspiracy against the Foundation and several individuals. The court denied motions to dismiss the Lanham Act, dilution, and unfair competition claims for both parties, but granted motions to dismiss the UCC, conversion, libel, unjust enrichment, and fraud claims, including all claims against Northern Trust. Leave to amend the complaints was granted.

Trademark InfringementUnfair CompetitionLanham ActDilutionUnjust EnrichmentConversionFraudCollateral EstoppelMotion to DismissRule 12(b)(6)

References

Case No. ADJ8590622

Regular

Mar 16, 2017

MICHAEL BAKER vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration. The Board affirmed the finding that applicant Michael Baker sustained an industrial cumulative trauma injury to multiple body parts, including hearing loss and skin disorders, over his employment as a police officer. The defendant's attempt to raise the issue of separate dates of injury under Labor Code section 5412 for these conditions for the first time at trial was deemed waived. This failure to timely raise the issue prevented the applicant from responding and was not adequately addressed in pre-trial statements.

Workers' Compensation Appeals BoardCity of Los AngelesPermissibly Self-InsuredMichael BakerIndustrial cumulative trauma injuryPolice officerBilateral hearing lossTinnitusCervical spineLumbar spine

References

Case No. ADJ8413521

Regular

Apr 13, 2020

STEVEN KING vs. COUNTY OF SAN BERNARDINO

This Workers' Compensation Appeals Board case involves applicant Steven King's claims for injury arising out of and occurring in the course of employment, including bilateral shoulders, lumbar spine, cardiac system, hernia, skin disorder, hearing loss, and hypertension. The Board affirmed the finding of injury AOE/COE and the hypertension rating but remanded the case for further development of the record regarding the applicant's lumbar spine impairment. The administrative law judge's prior rejection of the Agreed Medical Examiner's (AME) supplemental opinion on lumbar spine disability was deemed an improper disregard of substantial medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and Awardinjury arising out of and occurring in the course of employmentbilateral shoulderslumbar spinecardiac systemherniaskin disorderhearing loss

References

Case No. ADJ8136512 ADJ8136526

Regular

Apr 30, 2019

SOLANGE TUCKER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS and REHABILITATION, PAROLE and COMMUNITY SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a prior award. The original award found applicant sustained industrial injuries to her shoulder, knees, psyche, hypertension, headaches, and a sleep disorder, resulting in 73% permanent partial disability. The defendant argued against the findings regarding the sleep disorder, temporary disability, and the overall PD rating. The Board affirmed the WCJ's findings, finding substantial evidence supported the award for sleep disorder and temporary disability, and that the psychiatric impairment did not subsume the sleep disorder impairment.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationIndustrial InjuryRight ShoulderRight KneeLeft KneePsycheHypertensionSleep Arousal Disorder

References

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Updated Daily

Case Law Database

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

Case No. 05-20-00106-CV

Regular Panel Decision

Jun 17, 2021

Lafayette Nelson III v. Egyptian Magic Skin Cream, LLC

employment bonuswage disputeres judicataTexas Workforce Commissionsummary judgmentappellate reviewpro se appealPayday Lawbreach of contractfinal judgment

References

Case No. 13-ev-3288; 13-cv-4244

Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion

References

Case No. MISSING

Regular Panel Decision

Matter of John Z.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony

References

Case No. 2021 NY Slip Op 01469

Regular Panel Decision

Mar 11, 2021

Matter of Mayewski v. Superior Plus Energy Servs.

Workers' CompensationSchedule Loss of UseNonschedule ClassificationPermanent Partial DisabilityBurnsSkin ImpairmentAppellate ReviewMedical EvidenceImpairment Guidelines

References

Case No. MISSING

Regular Panel Decision

McKillop v. McKillop Funeral Livery, Inc.

Occupational DiseaseSkin CancerEpidermedysplasia VerrucaformisSunlight ExposureCausationMedical OpinionWorkers' CompensationAppealsDriverCarcinomas

References

Case No. MISSING

Regular Panel Decision

Jan 17, 1996

Claim of Palevsky v. New York City Board of Education

Workers' CompensationPosttraumatic Stress DisorderStatute of LimitationsConsequential InjuryWorkers' Compensation Law § 28Time BarBoard DecisionAppealWorkplace InjuryNasal Fracture

References

Case No. 10 Civ. 3314; 10 Civ. 5013

Regular Panel Decision

Dec 22, 2010

Alzheimer's Foundation of America, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

Trademark InfringementUnfair CompetitionLanham ActDilutionUnjust EnrichmentConversionFraudCollateral EstoppelMotion to DismissRule 12(b)(6)

References

Case No. ADJ8590622

Regular

Mar 16, 2017

MICHAEL BAKER vs. CITY OF LOS ANGELES; Permissibly SelfInsured

Workers' Compensation Appeals BoardCity of Los AngelesPermissibly Self-InsuredMichael BakerIndustrial cumulative trauma injuryPolice officerBilateral hearing lossTinnitusCervical spineLumbar spine

References

Case No. ADJ8413521

Regular

Apr 13, 2020

STEVEN KING vs. COUNTY OF SAN BERNARDINO

References

Case No. ADJ8136512 ADJ8136526

Regular

Apr 30, 2019

SOLANGE TUCKER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS and REHABILITATION, PAROLE and COMMUNITY SERVICES

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationIndustrial InjuryRight ShoulderRight KneeLeft KneePsycheHypertensionSleep Arousal Disorder

References

Showing 1-10 of 527 results

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