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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Nationwide Distribution Services, Inc. v. Robert Jones and Poly Trucking, Inc.

National Distribution Services, Inc. (NDS) appealed the denial of its special appearance, arguing that the trial court lacked personal jurisdiction and that NDS had not waived its right to contest jurisdiction. The appellate court found that NDS waived its special appearance by violating the due-order-of-hearing requirement of Rule 120a. NDS had filed motions to compel discovery and a motion for continuance, both relating to the merits of the case, and obtained rulings on them before its special appearance was heard. These actions were deemed inconsistent with NDS's challenge to the court's jurisdiction. Consequently, the appellate court affirmed the trial court's order denying NDS's special appearance.

Special AppearancePersonal JurisdictionWaiverDue Order of HearingRule 120aDiscovery MotionsMotion to CompelMotion for ContinuanceInterlocutory AppealTexas Civil Procedure
References
20
Case No. MISSING
Regular Panel Decision

Todd Shipyards Corp. v. Industrial Union of Marine & Shipholding Workers of America, Local 39

This case involves a plaintiff who filed an action for a declaratory judgment under Section 301 of the Taft-Hartley Act, seeking to invalidate Article XXVII of a collective bargaining agreement as an illegal clause under Section 8(e) of the LMRDA and to stay arbitration. The defendant-union had filed a grievance claiming a violation of Article XXVII. The court first established jurisdiction, rejecting the defendant's argument that it lacked authority to determine an unfair labor practice in this context. The court then addressed the merits, interpreting Section 8(e) and the nature of subcontracting clauses. It determined that Article XXVII, which restricts subcontracting only when the employer's workforce is inadequate, is a primary clause aimed at protecting employees' job security and maintaining the integrity of their contract, rather than achieving a secondary boycott. Consequently, the court found the clause to be permissible and granted the defendant's motion for summary judgment while denying the plaintiff's motion.

Labor LawCollective BargainingDeclaratory JudgmentTaft-Hartley ActLMRDA Section 8(e)SubcontractingUnion GrievanceUnfair Labor PracticeSecondary Boycott ExceptionStatutory Interpretation
References
22
Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
Case No. MISSING
Regular Panel Decision

TeleVentures, Inc. v. International Game Technology

TeleVentures, a Texas corporation, sued Nevada-based International Game Technology (IGT) for breach of contract, fraud, negligent misrepresentation, and tortious interference following the termination of their business relationship. The district court sustained IGT's special appearance, dismissing the suit for lack of personal jurisdiction. On appeal, the court examined whether IGT had established sufficient minimum contacts with Texas through various communications and agreements. The court found IGT's contacts were incidental and not purposefully directed towards Texas, thus affirming the district court's decision to dismiss the suit for want of personal jurisdiction.

Personal JurisdictionSpecial AppearanceMinimum ContactsDue ProcessSpecific JurisdictionContract LawTortious InterferenceFraudNegligent MisrepresentationLong-Arm Statute
References
27
Case No. MISSING
Regular Panel Decision

Matter of Zamora v. New York Neurologic Associates

The Injured Workers Bar Association filed a motion seeking leave to appear as amicus curiae in an appeal. The court granted the motion, accepting the proposed brief for filing. The order specifies that two copies of the brief must be served and nineteen copies filed within seven days.

amicus curiaemotionbrief filingappellate procedurelegal association
References
0
Case No. Misc. No. 257
En Banc
Dec 16, 2015

vs. Javier Jimenez

The Workers' Compensation Appeals Board issued a notice of its intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days due to a pattern of misconduct, frivolous tactics, and failure to comply with sanction orders.

Labor Code section 4907Representative privilege suspensionAppeals Board en bancSanctionsBad-faith actionsFrivolous tacticsLien claimantsLabor Code section 5700 agentWCJDiscovery abuse
References
18
Case No. Misc. No. 257
Significant

vs. Javier Jimenez

The Workers' Compensation Appeals Board issued a notice of intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days, citing a pattern of bad-faith tactics, frivolous actions, and repeated failure to comply with sanction orders.

Labor Code section 4907Representative privilege suspensionWCAB en bancSanctionsBad-faith actionsFrivolous tacticsUnnecessary delayLien claimantsLabor Code section 5700 agentRepeated misconduct
References
18
Case No. Misc. No. 254
En Banc
Feb 14, 2013

vs. Daniel Escamilla

The Workers' Compensation Appeals Board suspends Daniel Escamilla's privilege to appear before it as a non-attorney representative for 90 days, finding good cause due to a repeated pattern of sanctionable conduct, including frivolous filings and misrepresentations of fact.

Labor Code section 4907nonattorney hearing representativeprivilege to appearWCABgood causefrivolous conductsanctionsLabor Code section 5813WCAB Rule 10561willful misrepresentation
References
54
Case No. Misc. No. 254
Significant
Feb 14, 2013

Workers' Compensation Appeals Board, State of California vs. Daniel Escamilla

The Workers' Compensation Appeals Board suspended the privilege of non-attorney representative Daniel Escamilla to appear before it for 90 days due to a persistent pattern of professional misconduct, including filing frivolous petitions and making material misrepresentations, which sanctions had failed to correct.

Labor Code Section 4907Nonattorney Hearing RepresentativePrivilege to AppearGood CauseSanctionsFrivolous ConductBad FaithMisrepresentation of FactsWCAB Rule 10561Continuing Violation Doctrine
References
66
Case No. Misc. No. 257
En Banc
Feb 18, 2016

vs. JAVIER JIMENEZ

The Appeals Board suspended the privilege of Javier Jimenez to appear as a representative for 180 days due to his failure to respond to a Notice of Intention to Suspend, which was based on non-compliance with prior sanction orders.

WCABLabor Code section 4907Representative privilege suspensionNotice of IntentionSanction ordersEn banc decisionAdministrative law judgeCompliance180-day suspensionFurther hearing
References
0
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