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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

Kwitek v. United States Postal Service

Edward Kwitek, a driver for Midwest Transport, Inc., sued the United States Postal Service (USPS) under the Federal Tort Claims Act (FTCA) for injuries sustained while loading mail at a post office, alleging negligence by USPS employees. The government moved to dismiss the complaint for lack of subject matter jurisdiction, asserting that Kwitek was an independent contractor and his injury resulted from a discretionary function, thereby making the FTCA's waiver of sovereign immunity inapplicable. The court denied the government's motion. It ruled that the independent contractor exception did not apply because the alleged negligence was on the part of USPS employees failing to perform their regular duties. Furthermore, the discretionary function exception was also inapplicable, as the alleged conduct was not policy-driven but rather a failure to follow established protocol. The case was then referred for a settlement conference.

Federal Tort Claims ActSovereign ImmunitySubject Matter JurisdictionIndependent Contractor ExceptionDiscretionary Function ExceptionNegligenceUnited States Postal ServicePersonal InjuryLoading Dock InjuryMotion to Dismiss
References
27
Case No. MISSING
Regular Panel Decision

Tripodi v. Local Union No. 38, Sheet Metal Workers' International Ass'n

Plaintiff Anthony Tripodi initiated a lawsuit against Local Union No. 38 and its counsel, Dubin, for malicious prosecution, intentional infliction of emotional distress, and violation of the Connecticut Unfair Trade Practices Act. The case, initially filed in Connecticut, was transferred to the Southern District of New York. The central jurisdictional challenge arose from the Union's status as an unincorporated association with members in both Connecticut and New York, thereby destroying complete diversity of citizenship. The court, applying New York's choice of law rules, determined that New York law governed the substantive claims, which rendered the Union an indispensable party. Consequently, due to the lack of complete diversity and the indispensability of the Union, the court dismissed the case for lack of subject matter jurisdiction, advising the plaintiff to seek redress in state courts where both defendants could be pursued in a single action.

Malicious ProsecutionIntentional Infliction of Emotional DistressConnecticut Unfair Trade Practices ActSubject Matter JurisdictionDiversity JurisdictionIndispensable PartyChoice of LawNew York LawConnecticut LawFederal Rules of Civil Procedure
References
14
Case No. MISSING
Regular Panel Decision

Hightower v. United States

Willie Hightower, a federal employee, sued the United States and three individual federal officers for alleged injuries from a 1999 arrest at a VA hospital campus. Hightower sought money damages under state tort laws via the Federal Tort Claims Act (FTCA) and constitutional claims under Bivens, despite having already received benefits under the Federal Employee's Compensation Act (FECA) for the same incident, which he certified as work-related. The court dismissed the complaint for lack of subject matter jurisdiction. It ruled that FECA provides the exclusive remedy for federal employees' work-related injuries, thereby precluding FTCA claims against the United States. Furthermore, Bivens claims against the United States are barred by sovereign immunity, and against individual federal employees, they are precluded by the comprehensive remedial schemes of FECA and the Civil Service Reform Act (CSRA).

Federal Employee Compensation ActFederal Tort Claims ActBivens ActionSovereign ImmunitySubject Matter JurisdictionExcessive ForceFalse ArrestMalicious ProsecutionSlanderLibel
References
31
Case No. MISSING
Regular Panel Decision

Magana v. Hammer & Steel, Inc.

The plaintiffs, Rodrigo and Maria Magana, filed a personal injury lawsuit against Robert B. Miller & Associates (barge owner), Hammer & Steel, Inc. (steel supplier), and Poston Industrial Maintenance Company, Inc. (coating applicator) after Rodrigo Magana was severely injured by a falling chunk of concrete while unloading a steel piling sheet from a barge in the Houston Ship Channel on January 4, 2001. Defendants Miller and Hammer filed motions to dismiss for lack of subject matter jurisdiction, arguing the claims lacked admiralty flavor. The Court, presided over by District Judge Kent, denied both motions. While finding that 33 U.S.C. § 905(b) and Article III admiralty jurisdiction were not directly applicable, the Court determined it had jurisdiction over Miller via the Admiralty Extension Act (AEA), 46 App. U.S.C. § 740, because the injury was caused by a vessel or its appurtenance (the concrete). Supplemental jurisdiction under 28 U.S.C. § 1367 was found for the claims against Hammer and Poston due to their relation to the claims against Miller. The Court ordered Plaintiffs to file an Amended Complaint to specify the governing law for each cause of action against each defendant.

Personal InjuryAdmiralty LawMaritime JurisdictionLongshoremenLHWCAAdmiralty Extension ActSubject Matter JurisdictionMotion to DismissNegligenceShip-side Accident
References
14
Case No. MISSING
Regular Panel Decision

JM Banks v. United States

Norris JM Banks, a federal employee, sued the United States under the Federal Tort Claims Act (FTCA) to recover legal and medical expenses. These expenses were incurred after his Federal Employees’ Compensation Act (FECA) disability benefits were initially terminated due to an OWCP procedural error involving a conflicted medical examiner. Although OWCP later reinstated his benefits, Banks sought damages for the period of suspension. The District Court granted the Government's motion to dismiss for lack of subject-matter jurisdiction. The court ruled that Banks' claims derived directly from his FECA benefits determination, making FECA the exclusive remedy and precluding judicial review under 5 U.S.C. § 8128(b). The court found no exception for constitutional claims or clear statutory violations that would allow it to exercise jurisdiction. The case was dismissed without prejudice.

FECAFTCASubject-Matter JurisdictionMotion to DismissExclusive RemedyJudicial Review BarDue ProcessAdministrative Procedure ActFederal EmployeesWorkers' Compensation
References
53
Case No. MISSING
Regular Panel Decision

In re Hostess Brands, Inc.

This modified bench ruling addresses a motion by the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union (Bakers' Union) to dismiss a debtor's Section 1113/1114 motion due to a lack of subject matter jurisdiction. The central dispute revolves around whether Section 1113 of the Bankruptcy Code, which governs the rejection of collective bargaining agreements, applies to agreements that have technically expired but whose key terms remain in effect under the National Labor Relations Act (NLRA) until good faith bargaining to impasse. The Bakers' Union argued that expired agreements are not considered 'agreements' under Section 1113, a position the court largely concurred with, emphasizing the plain language of the statute and the distinction between Section 1113(e) and other subsections. Despite the debtor's arguments concerning the policy implications and potential interference with reorganization efforts, the court found insufficient evidence to extend the statute's language beyond its literal meaning. Consequently, the court granted the Bakers' Union's motion, concluding that Section 1113 does not apply to already expired collective bargaining agreements.

Collective Bargaining AgreementBankruptcy Code Section 1113Subject Matter JurisdictionNational Labor Relations Act (NLRA)Expired AgreementsDebtor in PossessionUnion Motion to DismissInterim ChangesGood Faith BargainingStatutory Interpretation
References
9
Case No. MISSING
Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss
References
3
Case No. ADJ10121570
Regular
Aug 19, 2016

TRACY BAKER vs. FOOTHILL DEANZA COMMUNITY COLLEGE DISTRICT

In this Workers' Compensation Appeals Board case, the defendant sought reconsideration of an award finding the applicant sustained a work-related rib and chest injury. The defendant argued the QME's opinion on permanent disability and future medical treatment lacked substantial medical evidence, as it relied on analogy due to the absence of a specific rating in the AMA Guides. The Appeals Board affirmed the original award but deferred the issues of permanent disability and attorney's fees, finding the QME's analogical rating was conclusory and unsupported by sufficient reasoning. A dissenting commissioner argued the analogy was permissible under precedent allowing clinical judgment for poorly understood conditions manifesting solely as subjective symptoms.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityFuture Medical TreatmentQualified Medical EvaluatorWhole Person ImpairmentSubstantial Medical EvidenceAMA GuidesClinical Judgment
References
7
Case No. MISSING
Regular Panel Decision

Fillyaw v. City of Beaumont

Plaintiff Cynthia Fillyaw appealed a "take nothing judgment" in her workers' compensation claim against her employer, the self-insured City of Beaumont. She alleged a back injury from being startled by a snake while working as a water meter reader on October 29, 1975. Despite receiving some compensation benefits and examinations by an orthopedist and family physician, a jury found that her injury was not the "producing cause of some incapacity." Medical evidence presented by Dr. Bessell, an orthopedist, and Dr. Thomas, a family physician, largely pointed to subjective symptoms and no objective findings for disability, though a congenital anomaly was noted. The appellate court affirmed the trial court's judgment, concluding that the plaintiff failed to meet her burden of proving the producing cause of her incapacity.

Workers' CompensationBack InjurySubjective SymptomsObjective FindingsJury VerdictProducing CauseAppealMedical EvidenceCongenital AnomalySelf-Insured Employer
References
9
Case No. MISSING
Regular Panel Decision

Mahoney v. Apfel

Plaintiff Joan Mahoney sought Disability Insurance Benefits, which were denied by the Commissioner of Social Security. The Administrative Law Judge (ALJ) found her not disabled, believing she could return to her past work as a legal secretary. This decision was upheld by the Appeals Council. Upon review, the District Court found the ALJ's decision was not supported by substantial evidence. The court concluded that the ALJ improperly disregarded the treating physician's opinion, who consistently diagnosed multiple sclerosis and considered Mahoney disabled, and also improperly discredited Mahoney's subjective complaints. Consequently, the court vacated the Commissioner's decision and remanded the case for the sole purpose of calculating benefits, highlighting Mahoney's fluctuating but persistent MS symptoms that rendered full-time work impossible.

Disability Insurance BenefitsSocial Security ActMultiple SclerosisResidual Functional CapacityTreating Physician RuleALJ Decision ReviewSubstantial Evidence StandardSubjective Complaints CredibilityPost Traumatic Stress DisorderNeurological Impairment
References
12
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