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

Case No. 03-90-271-CV
Regular Panel Decision
Jul 08, 1992

Director, State Employees Workers' Compensation Division, State of Texas v. Jesse Mae Blaine

The Director of the State Employees Workers' Compensation Division (appellant) appealed an adverse judgment in a workers' compensation case involving Jessie Mae Blaine (appellee). Blaine, an employee of Austin State School, developed tuberculosis and subsequently peripheral neuropathy from her medication, leading to a fall and back injury. She claimed total and permanent incapacity. The Director sought a reduction in benefits due to Blaine's pre-existing conditions (arthritis, COPD, Hepatitis B). The jury found in Blaine's favor, a verdict affirmed by the trial court. The Court of Appeals affirmed the judgment, addressing complaints regarding jury charge wording, definitions of occupational disease, and the sufficiency of evidence concerning causation and incapacity.

Workers' CompensationOccupational DiseaseTuberculosisPeripheral NeuropathyArthritisJury InstructionsSufficiency of EvidenceMedical CausationAggravationContribution
References
24
Case No. 32 NY3d 991
Regular Panel Decision
Sep 18, 2018

Matter of Spence v. New York State Dept. of Agric. & Mkts.

Petitioners, including Wayne Spence (President of the New York State Public Employees Federation) and two state dairy product specialists, challenged a policy by the New York State Department of Agriculture and Markets. The policy prohibited employees responsible for inspecting regulated entities from campaigning for or holding elected office, citing conflict of interest. Petitioner Gregory Kulzer's request to serve as a county legislator was denied after he had previously been approved and elected, leading to a formal policy revision. Petitioners initiated a hybrid declaratory judgment action/CPLR article 78 proceeding, arguing the policy violated First Amendment rights. The Supreme Court and Appellate Division rejected their claims, applying the Pickering standard. The Court of Appeals affirmed the order, finding the policy not unconstitutional. However, dissenting Judges Rivera and Wilson argued that the lower courts erred by not applying the heightened 'exacting scrutiny' standard established in United States v Treasury Employees and reaffirmed in Janus v State, County, and Municipal Employees, which applies to widespread limitations on public employee speech. They would have reversed and remanded the case for reconsideration under this stricter standard.

First AmendmentPublic Employee SpeechConflict of InterestHatch ActExacting ScrutinyPickering StandardJudiciary LawFreedom of SpeechGovernment PolicyElected Office
References
21
Case No. MISSING
Regular Panel Decision

Director, State Employees Workers' Compensation Division v. Lara

The Director of the State Employees Workers’ Compensation Division of the State of Texas appealed a trial court's judgment awarding Appellee damages without offsetting for previously paid workers' compensation benefits. Appellee was injured in 1990 and received weekly benefits, later suing for damages. The jury awarded $44,521.91. Appellant argued the trial court erred by not crediting the $31,383.65 in benefits already paid. The appellate court found Appellant successfully demonstrated the offset amount through documentary evidence, which Appellee did not contradict. Consequently, the appellate court modified the trial court's judgment to include the $31,383.65 offset and affirmed the judgment as modified.

Workers' CompensationOffset PaymentsAffirmative DefenseBurden of ProofDocumentary EvidenceHearsay ExceptionBusiness RecordsAppellate ReviewJudgment ModificationTrial Court Error
References
4
Case No. MISSING
Regular Panel Decision

Director, State Employees Workers' Compensation Division v. Evans

The director of the State Employees Workers’ Compensation Division appealed the denial of their Motion to Set Aside Default Judgment and Motion for New Trial. A default judgment had been entered against the State in favor of Paulette Evans when the State's counsel failed to appear for trial. The State argued that Evans failed to comply with a statutory notice requirement and that they met the *Craddock* test for a new trial. The appellate court found that the State did not present evidence at the hearing on their motion for a new trial to satisfy the *Craddock* test. Consequently, the court affirmed the trial court's denial of the State’s motions.

default judgmentmotion to set asidenew trialCraddock testabuse of discretionworkers' compensationstatutory noticeappellate reviewevidentiary burdenTexas law
References
8
Case No. 3-93-497-CV
Regular Panel Decision
Dec 14, 1994

Kathlyn Littlefield v. Director, State Employees Workers' Compensation Division, State of Texas

Kathlyn Littlefield sought workers' compensation benefits for an on-the-job injury sustained while employed at Travis State School. The jury found partial incapacity from July 10, 1989, to November 6, 1989, leading to a take-nothing judgment after the State was credited for previously paid benefits. Littlefield appealed, challenging the sufficiency of evidence regarding partial incapacity and the failure to find total incapacity. The court reviewed the medical evidence from several physicians, noting conflicting testimonies and the jury's discretion to weigh evidence. The court also addressed the State's argument that Littlefield's incapacity resulted from other factors, including prior injuries and questioned veracity. Ultimately, the court concluded that the evidence supported the jury's verdict and affirmed the district court's judgment.

Workers' CompensationPartial IncapacityTotal IncapacityJury VerdictSufficiency of EvidenceMedical EvidenceAppellate ReviewTexas LawOn-the-job InjurySelf-insured Employer
References
16
Case No. MISSING
Regular Panel Decision

Director, State Employees Workers' Compensation Division v. Bass

This is an appeal from a workers' compensation case involving Roland Bass, a state employee, who was injured while working as a game warden for the Texas Parks and Wildlife Department. The jury initially found that Mr. Bass had suffered an on-the-job injury causing total and permanent incapacity and awarded him accrued compensation, interest, a lump sum, and medical expenses. The State appealed, asserting the trial court erred in denying its motion to modify the judgment, arguing that under article 8309g, section 12(a), Mr. Bass was not entitled to weekly workers' compensation payments for the period he utilized sick leave. The appellate court sustained the State's first point of error, concluding that the period during which Mr. Bass utilized sick leave should have been excluded from compensation payments. The court found that an employee electing to use sick leave is not entitled to weekly compensation until that leave is exhausted. The State's second point of error, alleging the trial court erred in refusing a sole cause instruction, was overruled. The cause was reversed in part and remanded to the trial court with instructions to reform the judgment by awarding only those weekly compensation payments after the date the sick leave was exhausted.

Workers' CompensationState EmployeeSick Leave BenefitsAccrued CompensationLump Sum PaymentMedical ExpensesStatutory InterpretationTrial Court ErrorJudgment ModificationRemand
References
2
Case No. 2019 NY Slip Op 05744 [174 AD3d 1206]
Regular Panel Decision
Jul 18, 2019

Matter of Civil Serv. Employees Assn., Local 1000, AFSCME AFL-CIO v. New York State Off. of Children & Family Servs.

The case involves Jarred Sansky, a probationary employee, terminated from his position as Cadet Leader 1 by the New York State Office of Children and Family Services. Petitioners, including Sansky and the Civil Service Employees Association, challenged the termination under CPLR article 78, arguing Sansky had completed his probationary term and was dismissed in bad faith or retaliation for reporting neglect. The Supreme Court dismissed the petition, finding Sansky was still probationary and petitioners failed to prove bad faith or retaliation. The Appellate Division, Third Department, affirmed the dismissal, holding that Sansky's temporary service in a higher position did not automatically count towards his probationary period and that allegations of bad faith or retaliation were unsupported by evidence. Therefore, Sansky, as a probationary employee, was not entitled to a pretermination hearing.

probationary employmentterminationCPLR article 78bad faith dismissalretaliationcivil service lawtemporary appointmentprovisional appointmentNew York State Office of Children and Family ServicesCadet Leader
References
10
Case No. MISSING
Regular Panel Decision

Rumsey v. New York State Department of Correctional Services

Plaintiffs, employees of the New York State Department of Correctional Services and military reservists, challenged Departmental Directive # 2212, which allowed the rescheduling of their regular days off to coincide with military drills. They claimed this violated their rights under federal and state military laws and the Equal Protection Clause, arguing it discriminated against them by not requiring similar rescheduling for other types of leave. The defendants asserted the directive was necessary to address staffing shortages and prevent abuse of military leave, noting that pass days were routinely rescheduled for various other reasons. The court denied the plaintiffs' motion for summary judgment and granted the defendants' cross-motion, ruling that the directive did not constitute discrimination, as it did not require 'special accommodations' for reservists beyond what was afforded to other employees, consistent with the precedent set in Monroe v. Standard Oil Co.

Military LeaveEmployment RightsWork ScheduleDiscrimination ClaimSummary Judgment MotionCollective BargainingSeniority RightsDepartmental DirectiveFederal LawState Law
References
10
Case No. 08-89-00187-CV
Regular Panel Decision
Feb 28, 1990

DIR., STATE EMP. WKRS'COMP. DIV. v. Dominguez

Jose Luis Dominguez, an employee of the Texas Alcoholic Beverage Commission, suffered a work-related injury resulting in total and permanent disability and medical costs. A jury found in his favor, awarding benefits. The Director, State Employees Workers' Compensation Division, appealed the decision on four points: the admission of Dr. Palafox's medical bill, the trial court's refusal to grant credit for prior compensation payments, the sufficiency of evidence for past compensation due, and the imposition of sanctions for discovery violations regarding supervisor's notes. The Court of Appeals of Texas, El Paso, affirmed the trial court's judgment, finding no reversible error in any of the appellant's points. The court also denied the appellee's cross-point for a frivolous appeal award.

Workers' Compensation ActMedical Bill AdmissibilityDiscovery SanctionsAffirmative Defense ProofAppellate ReviewTexas Rules of Civil EvidenceTexas Rules of Civil ProcedureEmployee Performance RecordsOn-the-job InjuryPermanent Disability Benefits
References
3
Case No. MISSING
Regular Panel Decision

Dove v. Director, State Employees Workers' Compensation Division

Marilyn Dove sued the Director of the State Employees Workers’ Compensation Division for total and permanent disability benefits following an alleged employment injury. Despite a jury finding she was injured, it concluded no disability resulted, awarding only $24 for medical costs. Dove appealed, arguing the Director's counsel repeatedly violated a motion in limine by questioning her about collateral benefits and prior claims of permanent incapacity. The appellate court agreed that the questions were prejudicial and incurable by jury instructions, leading to an improper verdict. Consequently, the court reversed the trial court's judgment and remanded the case for further proceedings.

Workers' CompensationMotion in LimineEvidentiary ErrorCollateral Source RulePrejudicial MisconductMistrialCumulative ErrorAppellate ReviewTexas LawDisability Benefits
References
7
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