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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

Ferguson v. City of New York

The plaintiff, a school social worker, alleged personal injuries sustained from a collision with kindergarten students in a school hallway. She sued the New York City Department of Education and the City of New York for negligent supervision. The Supreme Court granted summary judgment to the defendants, ruling that a school district is not liable for negligent supervision in the absence of a special duty to the injured party. The appellate court affirmed this decision, reiterating that the special duty doctrine primarily applies to students, not adult school personnel, and that the defendants owed no such duty to the plaintiff in this instance.

Negligent SupervisionSchool District LiabilitySpecial Duty DoctrineSummary JudgmentPersonal InjuryGovernmental FunctionIn Loco ParentisAppellate ReviewSchool EmployeesStudent Collision
References
10
Case No. MISSING
Regular Panel Decision

Brownv. United States Fidelity & Guaranty Co.

In this action, the plaintiffs sought to recover attorney's fees and costs from the defendant, United States Fid. and Guar. Ins. Co., incurred in defending a prior Federal court action initiated by the defendant. This Federal action was itself a consequence of the defendant's earlier breach of its duty to defend the plaintiffs in a negligence suit. Special Term denied the defendant's motion to dismiss the plaintiffs' complaint, prompting the current appeal. The appellate court affirmed Special Term's decision, reiterating that expenses incurred in defending a declaratory judgment action brought due to an insurer's breach of the duty to defend are recoverable. The court distinguished this situation from prosecuting claims to establish coverage, emphasizing that the plaintiffs were defending their interests.

Attorney's FeesDeclaratory JudgmentDuty to DefendInsurance CoverageBreach of ContractIndemnificationAppellate ReviewMotion to DismissInsurer ObligationCosts
References
5
Case No. 03-08-00481-CV
Regular Panel Decision
Jul 10, 2009

Resolution Oversight Corporation as Special Receiver of Financial Insurance Company of America v. Arturo Garza

Resolution Oversight Corporation, acting as the special receiver for Financial Insurance Company of America (FIC), sought to enforce FIC's subrogation rights against funds paid by Home State County Mutual Insurance Company to Arturo Garza. Garza, an injured employee, had received workers' compensation benefits from FIC following an automobile accident and subsequently settled a claim with Home State, the uninsured/underinsured motorist (UIM) carrier for his employer, Texas Towing. The trial court initially granted summary judgment in favor of Garza, denying FIC's subrogation interest in the UIM proceeds. On appeal, the court reversed this decision, affirming FIC's valid subrogation lien and rejecting the 'made whole' doctrine for statutory subrogation. The appellate court further determined that Garza was entitled to reasonable attorney's fees from FIC's recovery, remanding the case for their determination.

Workers' CompensationSubrogation rightsUninsured/Underinsured Motorist (UIM) benefitsSummary JudgmentStatutory ConstructionAttorney's FeesInsurer Receivership ActTexas Labor CodeContractual LiabilityThird-party action
References
27
Case No. MISSING
Regular Panel Decision

Williams v. Hevi-Duty Electric Co.

The plaintiff, Williams, sued Hevi-Duty Electric Company and other state defendants for racial discrimination and retaliatory failure to hire under Title VII, § 1981, and § 1983. The court found that Hevi-Duty discriminated against Williams by manipulating its one-year application retention policy and through word-of-mouth recruitment, effectively excluding him due to his race and prior EEOC charge. The court entered judgment for Williams against Hevi-Duty, ordering hiring, back-pay, and attorney fees, and permanently enjoining further discrimination. Claims against the state defendants were dismissed due to sovereign immunity or lack of discriminatory conduct.

Employment DiscriminationRacial DiscriminationRetaliation (Employment)Title VIICivil Rights Act of 1964Civil Rights Act of 1866Disparate TreatmentHiring PracticesApplication PolicyWord-of-Mouth Recruitment
References
21
Case No. MISSING
Regular Panel Decision
Mar 26, 1971

Maurizio v. Hoberman

This case involves a judgment from the Supreme Court, New York County, dated March 26, 1971, concerning the rating examination papers of civil service workers. The initial judgment confirmed a Special Referee's report but was subsequently modified. The modification involved remanding the matter to the respondents for reconsideration, with the judgment then affirmed as modified. The court underscored that the duty to establish requirements for promotional examinations lies solely with the respondents, and judicial interference is unwarranted if exercised fairly. Although the respondents did not participate in the appeal, implying agreement with the Special Term's views, the courts reaffirmed their inability to assume the respondents' powers or duties.

Civil ServicePromotional ExaminationExamination PapersJudicial ReviewRemandSupreme CourtReferee ReportAdministrative DiscretionJudicial RestraintNew York
References
1
Case No. 03-03-00435-CV
Regular Panel Decision
Jul 29, 2004

Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission/East Side Surgical Center Clinic for Special Surgery And Surgical and Diagnostic Center, L.P. v. East Side Surgical Center Clinic for Special Surgery/Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission

This case involves the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center, Clinic for Special Surgery, and intervenor Surgical and Diagnostic Center, L.P. (collectively "East Side") sued the Commission to invalidate certain default rules that applied when specific guidelines were absent. The district court declared one rule (133.304(i)) invalid and enjoined its enforcement, citing unlawful delegation of authority. On appeal, the Court of Appeals reversed the district court's judgment regarding the rule's invalidity and dissolved the injunction, citing a Texas Supreme Court decision finding no unlawful delegation. The court affirmed that East Side was not entitled to its usual and customary fee in the absence of specific guidelines.

Workers' CompensationAdministrative LawDelegation of AuthorityRulemakingAmbulatory Surgical CentersJudicial ReviewInsurance CarrierFee GuidelinesFair and Reasonable RatesStatutory Interpretation
References
38
Case No. 2018 NY Slip Op 05037 [163 AD3d 558]
Regular Panel Decision
Jul 05, 2018

Matter of Empire State Transp. Workers' Compensation Trust v. Special Funds Conservation Comm.

This case concerns a proceeding initiated by Empire State Transportation Workers' Compensation Trust for judicial approval of a settlement, nunc pro tunc, against the Special Funds Conservation Committee. The underlying issue stemmed from the Trust's failure to obtain consent from the Special Funds for a claimant's personal injury settlement, which led the Workers' Compensation Board to find a waiver of reimbursement rights. After an initial denial by the Supreme Court, the Appellate Division reversed and remitted, affirming the court's discretion in compelling such consent. Upon remittitur, the Supreme Court granted the petition, directing the Special Funds to provide nunc pro tunc consent. The Appellate Division affirmed this subsequent order, concluding that the settlement was reasonable, the delay was adequately explained, and no prejudice was demonstrated against the Special Disability Fund.

Workers' CompensationNunc Pro TuncSettlement ApprovalPersonal Injury ActionSpecial Funds Conservation CommitteeAppellate DiscretionReimbursement WaiverJudicial ReviewAppellate PracticeNassau County
References
14
Case No. MISSING
Regular Panel Decision

Tramel v. State Farm Fire & Casualty Co.

Suzanne Renee Tramel was injured in an auto accident while traveling to work, having potentially made a stop at a bank for her employer beforehand. She and her husband, Rory Tramel, appealed a summary judgment granted in favor of State Farm Fire & Casualty Company. They argued that Suzanne's injuries were compensable under the Texas Workers’ Compensation Act, citing the 'special mission' and 'dual purpose' doctrines. The court reviewed TEX.REV. CIV.STAT.ANN. art. 8309, sec. 1b, noting that injuries during travel are generally not compensable unless specific exceptions apply. The court concluded that Suzanne was not on a 'special mission' because her trip from home to work, even with a bank stop, was a regular commute. Additionally, the 'dual purpose' doctrine was not met as the accident occurred on a route she would have taken regardless of her employer's business. Consequently, the court affirmed the summary judgment, ruling that her injury was not compensable and thus dismissing claims for breach of duty of good faith and fair dealing, Texas Insurance Code violations, and Texas Deceptive Trade Practices Act violations.

Summary Judgment AppealSpecial Mission DoctrineDual Purpose DoctrineCourse of EmploymentTexas Insurance Code ViolationsDeceptive Trade Practices ActAuto Accident InjuriesCommuting Rule ExceptionStatutory InterpretationAppellate Affirmation
References
7
Case No. 2024 NY Slip Op 06200
Regular Panel Decision
Dec 11, 2024

Matter of NYAHSA Servs., Inc. v. Special Funds Group

This case concerns an appeal by NYAHSA Services, Inc., the workers' compensation insurance carrier for St. Patrick's Nursing Home, from an order denying its petition for judicial approval of a personal injury settlement nunc pro tunc. The underlying matter involved Karen DiNoia, who sustained injuries in 2001 during employment and settled a third-party personal injury action in 2005 for $400,000. Although NYAHSA consented, the Special Funds Group's consent was not obtained at the time, which is crucial for the carrier to be reimbursed from the Special Disability Fund. The Supreme Court dismissed the petition, citing a lack of required documentation. However, the Appellate Division, Second Department, reversed the decision, finding that the settlement was reasonable, the delay in seeking judicial relief was not the petitioner's fault, and the Special Funds Group was not prejudiced, thus granting the petition.

Nunc Pro TuncPersonal Injury SettlementJudicial ApprovalAppellate ReviewSpecial Disability FundInsurance Carrier ReimbursementSupreme Court DiscretionDelayPrejudiceReasonableness of Settlement
References
10
Case No. No. 10
Regular Panel Decision
Mar 22, 2022

Jesus Ferreira v. City of Binghamton

Plaintiff Jesus Ferreira was shot by a police officer during the execution of a no-knock search warrant. The federal court found no special duty owed by the City of Binghamton and granted summary judgment to the City. The Second Circuit certified a question to the New York Court of Appeals regarding whether the 'special duty' requirement applies to municipal negligence claims where the injury is directly inflicted by municipal negligence. The Court of Appeals affirmed that a special duty is required for negligence claims against a municipality acting in a governmental capacity and clarified that such a duty can arise in the context of police planning and executing a no-knock search warrant, running to individuals within the targeted premises.

Municipal negligenceSpecial dutyGovernmental functionNo-knock warrantPolice liabilitySearch warrantDuty of careTort lawCourt of AppealsSecond Circuit
References
75
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