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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

Swearingen v. Waste Stream Environmental, Inc.

This case addresses issues identical to Matter of Hart v Pageprint/Dekalb, decided in 2004, concerning a late payment penalty imposed by the Workers’ Compensation Board on an employer’s workers’ compensation carrier. The court applied the principle of stare decisis, mandating a reversal of the Board's decision. Consequently, the matter is remitted back to the Workers’ Compensation Board for further proceedings consistent with the Hart decision. Additionally, requests by the carrier and employer for sanctions against the Attorney General’s office for frivolous conduct were considered and rejected by the court.

Late Payment PenaltyWorkers' Compensation BoardStare DecisisRemittalFrivolous ConductSanctionsAttorney General
References
1
Case No. MISSING
Regular Panel Decision

Long v. perales

This case involves a petitioner's appeal concerning the recoupment of Supplemental Security Income (SSI) benefits by the New York State and Nassau County Departments of Social Services. The petitioner had received Home Relief and signed a recertification form authorizing the local agency to retain a portion of her SSI benefits. While the court affirmed the validity of the authorization form, it agreed that the State Commissioner violated administrative stare decisis by failing to explain a departure from prior determinations, thus remitting the matter for an explanation. The petitioner's application for attorneys' fees was denied.

Supplemental Security IncomeSSI BenefitsRecoupment of BenefitsAdministrative Stare DecisisAuthorization Form ValidityPublic AssistanceAppellate ReviewCPLR Article 78Attorneys' FeesFederal Regulations
References
4
Case No. MISSING
Regular Panel Decision
Mar 11, 1994

Savino v. UTOG 2-Way Radio, Inc.

This case involves an appeal from a Workers' Compensation Board decision that determined an employer-employee relationship existed between a limousine driver, who was also a shareholder, and UTOG 2-Way Radio, Inc. The Board awarded workers' compensation benefits for injuries the claimant sustained while on duty. The appellate court affirmed the Board's finding, stating that the existence of an employer-employee relationship is a factual issue supported by substantial evidence, consistent with prior case law. The court also rejected the respondent's stare decisis argument, clarifying that administrative determinations under one statute are not binding under another.

Employer-employee relationshipWorkers' Compensation BoardLimousine driverSubstantial evidenceStare decisisUnemployment Insurance LawAppellate reviewIndependent contractor distinctionOn-duty injuryShareholder status
References
3
Case No. W1997-00246-SC-R11-CV
Regular Panel Decision
Oct 04, 2000

James Carroll v. Carolyn Whitney, M.D. - Dissenting

Chief Justice E. Riley Anderson dissents from the majority's decision, arguing it departs from settled principles of law by allowing a jury to allocate fault to an immune nonparty. He contends that this ruling wrongly overrules Ridings v. Ralph M. Parsons Co., which he asserts is consistent with McIntyre and subsequent comparative fault jurisprudence in Tennessee. Anderson emphasizes that Ridings held fault can only be attributed to those against whom a plaintiff has a cause of action, and that the majority's new policy undermines the doctrine of stare decisis, creates inconsistency, and unfairly shifts the risk of loss onto plaintiffs. He argues that the prior rulings were workable and that the current decision lacks sufficient justification for such a significant reversal of legal precedent.

Comparative FaultImmune NonpartyStare DecisisNegligence LawTort LiabilityWorkers' CompensationFault AllocationJudicial PrecedentTennessee Supreme CourtDissenting Opinion
References
21
Case No. 01-17-00755-CV
Regular Panel Decision
Aug 21, 2018

Raul Amparo Zuniga Rodriguez and Ana Maria Ortiz Martinez, Individually and as Personal Representatives, and Heirs of the Estate of Raul Amparo Zuniga Ortiz Jr. And Juana Guadalupe Martinez, as Next Friend of Sebastian Zuniga and Wendy Zuniga,et Al. v. Conway Waak Jr. and Marlene Waak D/B/A Carmine Charolais Ranch and Carmine Charolais Ranch

This is a concurring and dissenting opinion in a case concerning the application of the Texas Farm Animals Activities Act to an employee's death. Justice Higley dissents from the majority's decision to uphold a prior court ruling in Dodge v. Durdin, which held that the Act does not apply to employees. She argues that Dodge was incorrectly decided based on flawed statutory construction, improper use of legislative history, and an erroneous assessment of the consequences of alternative interpretations. The justice advocates for overruling Dodge, asserting that stare decisis should not preclude correcting a faulty precedent, especially given conflicting interpretations by other courts. She concurs with the judgment in part, agreeing that the trial court erred by granting complete summary judgment when only partial summary judgment was requested.

Farm Animals Activities ActEmployer LiabilityWorkers' Compensation ActStatutory InterpretationStare DecisisAppellate ReviewSummary JudgmentEmployee vs Independent ContractorTexas Civil Practice and Remedies CodeLegislative Intent
References
23
Case No. MISSING
Regular Panel Decision

Claim of Seminerio v. West Hamilton Beach Volunteers, Inc.

The claimant, a volunteer firefighter with the West Hamilton Beach Volunteer Fire Department (WHBFD) in Queens, fractured her ankle while on duty. The Workers’ Compensation Board determined that the City of New York was responsible for the claimant’s benefits, citing an implied-in-fact contract between WHBFD and the City. The City appealed this decision. Referencing a similar prior case, Matter of Pache v Aviation Volunteer Fire Co., the court found substantial evidence supporting the Board’s conclusion that an implied-in-fact contract existed due to the cooperative relationship and shared resources between WHBFD and the Fire Department of the City of New York (FDNY). Consequently, the appellate court affirmed the Workers’ Compensation Board's decision, applying the doctrine of stare decisis.

Volunteer Firefighters Benefit LawWorkers Compensation BoardImplied-in-Fact ContractMunicipal LiabilityStare DecisisAppellate ReviewFire DepartmentVolunteer ServicePersonal InjuryNew York Law
References
3
Case No. 05-0171
Regular Panel Decision
Dec 19, 2008

Southwestern Bell Telephone Company, L.P., D/B/A Sbc Texas v. William C. Mitchell, Beneficiary of Louise Mitchell, Decedent

Chief Justice Jefferson, joined by Justices O'Neill and Medina, dissents from the Court's decision, arguing against the overturning of the precedent set in *Continental Casualty Co. v. Downs*. The dissent emphasizes the importance of stare decisis in statutory construction cases, asserting that legal stability and predictability are paramount. It contends that subsequent legislative amendments to the Workers' Compensation Act do not justify reinterpreting the intent of an earlier legislature or discarding prior judicial constructions. Furthermore, the dissenting opinion rejects the idea of applying the new ruling prospectively, advocating for the traditional retroactive application of judicial decisions and respecting the Legislature's role in setting effective dates for statutory changes. The dissent concludes that overturning *Downs* undermines legal stability and encourages speculative relitigation.

Stare DecisisStatutory InterpretationJudicial PrecedentRetroactive ApplicationLegislative IntentWorkers' Compensation ActTexas Supreme CourtDissenting OpinionJudicial ReviewLegal Stability
References
26
Case No. MISSING
Regular Panel Decision

Palladino v. CNY Centro, Inc.

Eugene Palladino, a union member, sued his union for breach of the duty of fair representation after his termination as a bus driver. His employer, CNY Centro, Inc., terminated him for alleged misrepresentation, and the union, Amalgamated Transit Union, Local 580, decided not to pursue his grievances to arbitration. The Appellate Division dismissed Palladino's complaint based on the Martin v Curran rule, which requires proof that all union members authorized or ratified the wrongful conduct. The Court of Appeals affirmed this decision, upholding the Martin rule due to stare decisis and noting that legislative action is needed for reform, despite acknowledging the rule's impracticality and criticism. The court also highlighted that public employees like Palladino have an alternative remedy through the Public Employment Relations Board under the Taylor Law.

Breach of duty of fair representationUnion liabilityUnincorporated associationsMartin v Curran ruleStare decisisStatutory interpretationGeneral Associations LawTaylor LawPublic employeesGrievance procedure
References
17
Case No. MISSING
Regular Panel Decision

Joshua Cooper v. Logistics Insight Corp. - Dissent

Joshua Cooper, an employee of MasterStaff, Inc., was injured at work by a third-party tortfeasor, leading MasterStaff to pay workers' compensation benefits including medical expenses. MasterStaff intervened in Cooper's subsequent lawsuit against the tortfeasor to protect its statutory subrogation lien. After Cooper settled with the tortfeasor, MasterStaff asserted a claim for a lien against the settlement proceeds to cover potential future medical benefits. The Tennessee Supreme Court, however, held that an employer's subrogation lien under Tennessee Code Annotated section 50-6-112 does not extend to the cost of future medical benefits. The Court reaffirmed its previous decisions, emphasizing adherence to stare decisis and the legislature's role in statutory amendment, and remanded the case to determine the amount of MasterStaff's lien for already-paid benefits.

Workers' CompensationSubrogation LienFuture Medical BenefitsThird-Party TortfeasorStatutory InterpretationStare DecisisLegislative PrerogativeSettlement ProceedsReimbursementEmployee Rights
References
14
Case No. 16,680; 78-CI-18460
Regular Panel Decision

City of San Antonio v. Aguilar

This case addresses an appeal concerning a municipal labor contract dispute, where Emergency Medical Technicians (EMTs) of the San Antonio Fire Department sought overtime back pay. The central legal question involved the applicability and interpretation of the State Civil Service Act, specifically regarding the standard work week for fire department employees whose duties do not include firefighting. The appellate court affirmed the trial court's judgment, which had awarded overtime compensation to the EMTs for a period from November 1974 to July 1977. The decision heavily relied on the doctrine of stare decisis, citing the precedent set by the companion case of Kierstead v. City of San Antonio. The court dismissed the City's arguments regarding the doctrine of ejusdem generis and the method of overtime calculation, affirming that these issues were consistent with prior judicial interpretations.

Municipal EmploymentOvertime CompensationPublic Safety PersonnelStatutory InterpretationPreclusion DoctrinesStare DecisisRes JudicataCollateral EstoppelCollective Bargaining AgreementsCivil Service Law
References
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