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Case Law Database

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

Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. MISSING
Regular Panel Decision

Fraternal Order of Police, National Labor Council, USPS No. 2 v. United States Postal Service

The Fraternal Order of Police (FOP) and 13 individual Postal Police Officers sued the United States Postal Service and its employees, alleging violations of federal and state law, as well as their employment contract. Plaintiffs challenged restrictions on their law enforcement authority, citing 40 U.S.C. § 318, and also claimed illegal locker searches under the Fourth Amendment and New York law. The defendants sought dismissal, primarily arguing a lack of subject matter jurisdiction and the plaintiffs' failure to exhaust administrative remedies. The court granted the defendants' motion, dismissing the claims. It ruled that Section 318 does not confer a private right of action and that the plaintiffs failed to exhaust the grievance procedures outlined in their collective bargaining agreement and the Postal Reorganization Act for their search and contract-related claims.

Labor LawPostal ServicePolice PowersFourth AmendmentLocker SearchCollective Bargaining AgreementExhaustion of RemediesPrivate Right of ActionSubject Matter JurisdictionMotion to Dismiss
References
51
Case No. MISSING
Regular Panel Decision
Oct 18, 1971

Claim of Juna v. New York State Police

Richard T. Juna, a New York State Police trooper, was killed in an automobile accident while returning to his duty station after a two-day leave. His employer and its insurance carrier appealed a decision by the Workmen’s Compensation Board, which had found that Juna was acting in the course of his employment at the time of the accident. The court considered that Juna was subject to 24-hour call, prohibited from outside employment prior to duty, and required to act in police matters even on leave. The accident occurred within his normal work area while he was fulfilling the requirement to be available at his station. The court affirmed the Board's determination, finding substantial evidence that Juna was under the control and for the benefit of his employer, thus acting within the course of his employment.

Workers' CompensationScope of EmploymentTravel to WorkPolice OfficerOff-Duty RegulationsEmployer ControlAccidental DeathAppellate ReviewCourse of EmploymentTwenty-Four Hour Call
References
0
Case No. MISSING
Regular Panel Decision

Claim of Pallas v. New York State Police

This case involves an appeal by an employer and its insurance carrier from a decision awarding workers' compensation benefits due to the death of a New York State Police sergeant. The sergeant died in an automobile collision after leaving a restaurant, having previously attended Magistrate's Court for work. Appellants argued that the sergeant abandoned his employment during the two-hour stop at the restaurant. However, a city police report indicated the sergeant's condition was "normal" and the truck driver was at fault. The court found no evidence of intoxication or personal pursuits adding to travel risks, and determined that any deviation from employment was temporary and ended when the homeward journey resumed. The decision awarding benefits was affirmed, with costs to the Workmen's Compensation Board.

Workers' CompensationEmployment DeviationCourse of EmploymentAccident During TravelPolice Officer DeathWork-Related InjuryAppellate ReviewFatal AccidentInsurance ClaimWorkmen's Compensation Board
References
4
Case No. 02-10-00241-CV
Regular Panel Decision
Mar 31, 2011

$8780.00 in United States Currency v. State

Anthony Jerome Snell appealed a default judgment that forfeited $8,780 to the State of Texas, after police found the money and 271 pounds of marijuana in his truck. Snell, who was arrested and later incarcerated, failed to file an answer to the State's forfeiture notice, leading to the default judgment. He argued his failure was due to accident or mistake, exacerbated by misleading advice from jail personnel and lack of legal understanding, rather than conscious indifference. The appellate court applied the Craddock test, found Snell's actions, though negligent, did not demonstrate conscious indifference, and noted the State failed to prove injury or undue delay. Consequently, the court reversed the default judgment and remanded the case for further proceedings.

Default JudgmentCivil ForfeitureMotion to Set AsideCraddock TestConscious IndifferenceMeritorious DefenseNew TrialAbuse of DiscretionAppellate ReviewTexas Law
References
31
Case No. 2021 NY Slip Op 03504 [195 AD3d 1115]
Regular Panel Decision
Jun 03, 2021

Matter of New York State Corr. Officers & Police Benevolent Assn., Inc. (New York State Dept. of Corr. & Community Supervision)

This appeal concerns an arbitration award involving a correction officer, Pedro Norde, disciplined by the New York State Department of Corrections and Community Supervision for unauthorized phone calls and false statements. Norde's union, NYSCOPBA, grieved the discipline, leading to an arbitration where the arbitrator dismissed some charges as untimely and lacking particularization, based on "due process" interpretations not explicitly in the collective bargaining agreement (CBA). The Supreme Court confirmed this award. However, the Appellate Division found the arbitrator exceeded his authority by imposing requirements beyond the CBA's terms regarding the criminal acts exception to timeliness and the standard for notice particularization. Consequently, the Appellate Division reversed the lower court's order, granted the cross-motion to vacate the arbitration award concerning the dismissed charges, and remitted the matter back to the arbitrator for further proceedings.

Arbitration LawCollective BargainingEmployee DisciplineArbitrator OverreachTimeliness of ChargesNotice RequirementsAppellate ReviewJudicial Review of ArbitrationPublic Employee RightsCorrectional Officers
References
12
Case No. 2020 NY Slip Op 03839 [185 AD3d 1198]
Regular Panel Decision
Jul 09, 2020

Matter of Renko v. New York State Police

Claimant, an auto body mechanic for the State Police, performed maintenance on vehicles exposed to World Trade Center toxins. After being diagnosed with prostate cancer, he filed a workers' compensation claim, alleging a causal link to the toxin exposure. The Workers' Compensation Law Judge and Board initially disallowed the claim, finding it did not meet WTC provisions, lacked sufficient medical evidence for an occupational disease, and was time-barred if considered an accidental injury. The Appellate Division reversed, ruling that the Board erred in rejecting the occupational disease claim, as the toxin exposure derived from the nature of the claimant's work. The court also found the occupational disease claim timely and remitted the matter to the Board for a determination on causal relationship.

Occupational DiseaseWorld Trade Center ExposureProstate CancerCausal RelationshipStatute of LimitationsTimeliness of ClaimAppellate ReviewRemittalToxin ExposureAuto Body Mechanic
References
5
Case No. 03-01-00340-CV
Regular Panel Decision
Aug 09, 2001

Rick Perry, in His Official Capacity as Governor of the State of Texas Henry Cuellar, in His Official Capacity as Secretary of State of the State of Texas v. Alicia Del Rio, Phyllis Dunham and Jeremy Wright

This case is an interlocutory appeal from the denial of a plea to the jurisdiction by the District Court of Travis County. Appellants, including the Governor, Lieutenant Governor, and Secretary of State of Texas, argued that they were not 'governmental units' for the purpose of interlocutory appeal and that the appellees' redistricting claims were not ripe. The Third District Court of Appeals at Austin affirmed the district court's order, holding that state officials acting in their official capacities are indeed 'governmental units' under the Civil Practice & Remedies Code. The court also found that the consolidated redistricting lawsuit was ripe for judicial consideration, particularly after the state legislature adjourned without enacting a new congressional redistricting plan. Lastly, the court clarified that a prior federal court's retained jurisdiction over 1990 census-based redistricting did not preclude state court jurisdiction over challenges based on the 2000 census.

Interlocutory AppealPlea to the JurisdictionGovernmental UnitRipeness DoctrineOfficial CapacityRedistrictingCongressional DistrictsJurisdictionTexas ConstitutionCivil Practice & Remedies Code
References
27
Case No. MISSING
Regular Panel Decision
Aug 28, 2017

Morris v. New York State Police

Plaintiffs Shannon Morris, Melissa Lee, and Kevin Rafferty, forensic scientists at the New York State Police Crime Lab, initiated a civil rights action against the State Police and seven individual administrators. They alleged retaliation for exercising their First Amendment rights by advocating for the TrueAllele DNA analysis method and reporting alleged professional misconduct by Director Pizziketti. Additionally, they claimed gender discrimination, a hostile work environment, and defamation. The defendants filed a motion to dismiss. The court granted in part and denied in part the motion, dismissing claims against the State Police based on sovereign immunity and most discrimination claims, but allowing First Amendment retaliation and certain Title VII retaliation claims, as well as common law defamation claims against specific individual defendants to proceed to discovery.

First Amendment Retaliation42 U.S.C. § 1983Title VII Civil Rights ActGender DiscriminationHostile Work EnvironmentDefamationLibelSovereign ImmunityEleventh AmendmentDNA Analysis
References
79
Case No. 2021 NY Slip Op 03889
Regular Panel Decision
Jun 17, 2021

Matter of Bodisch v. New York State Police

Claimant, a state trooper, filed for workers' compensation due to exposure to toxins at the World Trade Center (WTC) site while assigned to a vehicle checkpoint after 9/11. The Workers' Compensation Board reversed a WCLJ's finding, stating his activities were not covered by Workers' Compensation Law article 8-A and that his injuries were not an occupational disease, disallowing the claim as untimely. The Appellate Division, Third Department, agreed that claimant did not sustain an occupational disease. However, the court found that claimant's activities had a tangible connection to WTC rescue, recovery, and cleanup operations, meaning Workers' Compensation Law article 8-A should apply. Consequently, the court modified the Board's decision, reversing the disallowance of the claim as untimely, and remitted the matter for further proceedings.

Workers' CompensationWorld Trade Center9/11Toxic ExposureOccupational DiseaseUntimely ClaimArticle 8-ARescue OperationsRecovery OperationsCleanup Operations
References
12
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