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

Case No. LBO 0360005
Regular
Jan 07, 2008

STEVEN PEDERSEN vs. AMERICAN CONTRACTORS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board has granted reconsideration for Steven Pedersen's case against American Contractors, Inc. and State Compensation Insurance Fund. This decision was made to allow for a more thorough review of the factual and legal issues presented. The Board will conduct further proceedings to ensure a just and reasoned decision.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionReconsideration UnitFrank M. BrassRick-Dietrich
References
0
Case No. 07-99-0271-CV
Regular Panel Decision
Jun 20, 2001

Joe M. Stevens Jr. v. Hoggie Cossey

Joe M. Stevens, Jr., as Administrator of the Brown & Root Group Medical Plan (Stevens), appealed a trial court judgment denying his recovery against Spalding & Evenflo Companies, Inc., the Estate of Gertrude Lowe, and Hoggie Cossey. The underlying dispute arose after Cossey sued Evenflo and Lowe for personal injuries, and Stevens intervened, claiming a contractual right of subrogation and reimbursement for medical expenses paid on Cossey's behalf. Despite a Rule 11 agreement between Stevens and Cossey acknowledging this right and Cossey's admission of over $41,000 in payments, the trial court denied Stevens' claim, excluded his evidence, and severed his intervention. The appellate court reversed and rendered the judgment, holding that the Rule 11 agreement and Cossey's admissions constituted binding stipulations, which the trial court erred in disregarding. The court sustained Stevens' first point regarding the error in denying recovery, finding it harmful, and also sustained the point regarding the improper severance of the intervention.

SubrogationContractual LienRule 11 AgreementStipulationWaiver of ArbitrationEstoppelExclusion of EvidenceSeverance of InterventionAppellate ProcedureReversal of Judgment
References
7
Case No. MISSING
Regular Panel Decision

Stevens v. Anatolian Shepherd Dog Club of America, Inc.

Rhea C. Stevens, an Anatolian Shepherd dog breeder, sued the Anatolian Shepherd Dog Club of America, Inc. (ASDCA) for specific performance, exemplary damages, and attorney's fees after her membership application was denied, despite her membership fee being retained. Stevens claimed a breach of contract, arguing that the ASDCA had offered membership to dog owners and she met the criteria, while the club contended sponsor endorsements were required by its bylaws. The trial court entered a take-nothing judgment against Stevens, ordering only a refund of her $30 membership fee. On appeal, Stevens raised five issues, challenging the trial court's refusal to recognize a contract, its holding that contract law did not apply, its failure to award specific performance, denial of a new trial, and refusal to award attorney’s fees. The appellate court affirmed the trial court's judgment, concluding that the trial court properly exercised its discretion in declining jurisdiction over the internal affairs of a voluntary non-profit association, as Stevens failed to demonstrate sufficient pecuniary harm to warrant judicial intervention.

Contract LawVoluntary AssociationsJudicial Non-InterferenceMembership DisputeSpecific PerformanceAttorney's FeesAbuse of DiscretionAppellate ReviewNon-Profit OrganizationDog Breeders
References
21
Case No. 01-19-00799-CV
Regular Panel Decision
Jun 15, 2021

Robert Lawrence v. Joe W. Bailey II, Administrator of the Estate of Steven Ross Lawrence

This case concerns a dispute over life-insurance proceeds from a policy belonging to the deceased, Steven Lawrence. Robert Lawrence, Steven's brother, claimed the proceeds under the Texas Slayer Statute, asserting that Steven's son, Ross, forfeited his beneficiary rights due to his alleged involvement in Steven's death. The administrator of Steven's Estate, Joe W. Bailey II, moved for the funds to be released to the estate. The trial court granted this motion without providing Robert Lawrence proper notice or an opportunity for a hearing. Robert appealed, arguing a denial of due process and abuse of discretion. The Court of Appeals agreed, reversing the trial court's order and remanding the case for further proceedings due to the due process violation.

Life InsuranceSlayer StatuteDue ProcessMotion for New TrialAppellate ReviewInterpleaderEstate AdministrationBeneficiary DisputeTexas LawRemand
References
32
Case No. MISSING
Regular Panel Decision

Trustees of the American Federation of Musicians & Employers' Pension Fund v. Steven Scott Enterprises, Inc.

Plaintiffs, the Trustees of the American Federation of Musicians and Employers’ Pension Fund, brought suit against Steven Scott Enterprises, Inc. seeking an audit of payroll records from 1992-1994 to verify pension fund contributions. Steven Scott moved for summary judgment, asserting that fifteen prior settlement agreements with William Moriarity, a Pension Fund Trustee and Local 802 President, fully settled all monetary claims. The court found that Steven Scott reasonably relied on Moriarity's apparent authority, and the Pension Fund's actions, including cashing checks and failing to repudiate the agreements, established equitable estoppel and ratification. Consequently, the court granted Steven Scott's motion for summary judgment, concluding that the Pension Fund was bound by the agreements and dismissing the plaintiffs' complaint.

ERISALMRAPension FundEquitable EstoppelApparent AuthorityRatificationSettlement AgreementsSummary JudgmentEmployer ContributionsUnion
References
21
Case No. MISSING
Regular Panel Decision

Stevens v. National Education Centers, Inc.

Donna Huntsman Stevens sued National Education Centers, Inc. (NEC) for retaliatory termination after a workplace injury and filing a workers' compensation claim, alleging a violation of Labor Code chapter 451. A jury initially awarded Stevens damages, but the trial court granted NEC's judgment notwithstanding the verdict (JNOV), setting aside most damages except for liability and lost earnings. On appeal, the court affirmed the JNOV on actual malice due to insufficient evidence for exemplary damages, but reversed the JNOV on mental anguish damages, finding sufficient evidence. The court also limited lost earnings to the date the school closed, June 28, 1994. NEC's cross-appeal challenging liability under Labor Code section 451.001 was overruled. The judgment was affirmed as modified, entitling Stevens to past mental anguish damages and lost earnings until June 28, 1994.

Workers' CompensationRetaliatory DischargeJudgment Notwithstanding the Verdict (JNOV)Actual MaliceExemplary DamagesMental Anguish DamagesLost EarningsLabor Code Section 451.001Sufficiency of EvidenceAppellate Review
References
14
Case No. 14-19-00645-CV
Regular Panel Decision
Aug 31, 2021

Crystal Dolgener v. Steven Dolgener

Crystal Dolgener appealed a protective order granted in favor of her husband, Steven Dolgener, by the 280th District Court of Harris County, Texas. Crystal raised eleven issues, arguing insufficient evidence to support findings of family violence against Steven and their children, and challenging several awards made in the protective order, including exclusive possession of the children, marital residence, and a vehicle, as well as attorney's fees. The Fourteenth Court of Appeals addressed the mootness of the expired protective order under the collateral consequences exception. The court affirmed the trial court's decision, finding sufficient evidence of family violence and rejecting Crystal's claims of abuse of discretion. The court also encouraged the legislature to remedy conflicts between protective orders and temporary divorce orders.

Protective OrderFamily ViolenceChild CustodyDomestic AbuseAttorney's FeesAppellate ProcedureMootness DoctrineEvidentiary SufficiencyAbuse of DiscretionMarital Property
References
62
Case No. MISSING
Regular Panel Decision

Patterson-Stevens, Inc. v. International Union of Operating Engineers Local Union No. 17

Patterson-Stevens (plaintiff) sought to vacate a July 24, 1995 judgment and amend its complaint against Local 17 (defendant). The original complaint sought an injunction to prevent arbitration of a grievance initiated by Local 17, which Patterson argued was untimely under a six-month statute of limitations. The court initially dismissed the case, lacking jurisdiction to issue an injunction. Patterson-Stevens then moved to vacate, arguing the complaint implicitly stated a claim for declaratory judgment. The court denied the motion, finding no clear error of law or manifest injustice in its prior decision. Furthermore, the proposed amendment for declaratory relief was deemed futile, as there was no legal precedent supporting a statute of limitations for grievance submission, unlike federal court actions.

Collective Bargaining AgreementGrievance ArbitrationStatute of LimitationsFederal JurisdictionInjunctive ReliefDeclaratory JudgmentMotion to Vacate JudgmentMotion to Amend ComplaintFederal Rules of Civil ProcedureNational Labor Relations Act
References
6
Case No. 14-0797
Regular Panel Decision
Jan 07, 2015

in Re Steven C. Phillips

This case involves Steven C. Phillips, who was wrongfully imprisoned in Texas, seeking compensation under the Tim Cole Act, specifically for child support owed to Cheryl Macumber. Initially, the Comptroller determined an amount of $18,593.23 for child support arrearages and interest. After an application to cure and further review of Arkansas law regarding interest calculation, the Comptroller revised the payable amount. The final administrative decision by the Texas Comptroller of Public Accounts, documented on January 7, 2015, authorized an additional payment of $6,532.46, bringing the total child support compensation to $25,125.69, which was paid to the Texas state disbursement unit for distribution to Ms. Macumber. The case highlights the complexities of calculating child support arrearages across state lines and the application of various interest statutes in wrongful imprisonment compensation cases.

Wrongful ImprisonmentTim Cole ActChild Support ArrearagesInter-state Child SupportMandamusTexas Comptroller of Public AccountsDNA ExonerationCivil Practice and Remedies CodeFamily LawStatutory Interpretation
References
29
Case No. 2018 NY Slip Op 01048
Regular Panel Decision
Feb 14, 2018

Lupton v. Pedersen

Plaintiff Felice Lupton, a paraprofessional, sustained a knee injury in a slip and fall at her school and subsequently received Workers' Compensation benefits. She initiated a negligence action against Richard Pedersen, a custodian engineer, and Michael Galant, a custodial assistant. The Supreme Court granted summary judgment to both defendants, dismissing the complaint. On appeal, the Appellate Division affirmed the order as it pertained to Michael Galant. The court held that because both Lupton and Galant were considered "in the same employ" under Workers' Compensation Law § 29 (6) (due to the New York City Department of Education's indirect employment system), Workers' Compensation benefits constituted Lupton's exclusive remedy against Galant.

Exclusive RemedySlip and FallNegligenceCo-employee ImmunityPersonal InjurySummary JudgmentAppellate ReviewDepartment of EducationCustodial StaffEmployer Liability
References
3
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