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

Case No. 2-06-016-CV
Regular Panel Decision
Mar 15, 2007

Shioleno Industries, Inc. AND Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington v. Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington AND Shioleno Industries, Inc.

Shioleno Industries, Inc. appealed a summary judgment granted in favor of Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC d/b/a Medical Center of Arlington (the Hospital). The case originated from the Hospital's alleged failure to disclose an employee's positive drug and alcohol test results to Shioleno after an on-the-job injury. Shioleno contended that this omission led to increased workers' compensation premiums and expenses in unemployment benefit disputes. The appellate court affirmed the trial court's judgment, ruling that Shioleno failed to provide a valid authorization for the disclosure of medical information. Consequently, the Hospital had no legal duty to disclose the results and could not be held liable for negligence, breach of contract, or Deceptive Trade Practices Act (DTPA) violations.

Summary JudgmentMedical RecordsDisclosure AuthorizationHealth & Safety CodeNegligenceBreach of ContractDTPADrug TestingAlcohol TestingEmployer Liability
References
13
Case No. MISSING
Regular Panel Decision

Walter Ray Culp, III v. Board of Professional Responsibility for the Supreme Court of Tennessee

Attorney Walter Ray Culp, III, previously suspended for five years due to an attempted extortion conviction, sought reinstatement of his law license. The extortion involved brokering witness testimony for a substantial fee. After serving a nineteen-month prison sentence and the five-year suspension, Culp petitioned for reinstatement. A hearing panel of the Board of Professional Responsibility and the Chancery Court for Williamson County both denied his request. The denials were based on Culp's failure to demonstrate moral qualifications, legal competency, and that his reinstatement would not harm the integrity of the bar or public interest. The Tennessee Supreme Court affirmed these decisions, citing Culp's lack of credibility, his unwillingness to accept responsibility for his actions, and the severe nature of his original crime.

Attorney disciplineLaw license reinstatementProfessional misconductAttempted extortionMoral qualificationsLegal competencyCredibility assessmentJudicial reviewAppellate decisionLegal ethics violation
References
8
Case No. 2023 NY Slip Op 23283
Regular Panel Decision
Sep 15, 2023

Jackson v. Citywide Mobile Response Corp.

Tray Jackson, an emergency medical technician (EMT), initiated a class action lawsuit against Citywide Mobile Response Corp., alleging multiple violations of the New York State Labor Law and NYCRR. Jackson claimed that the defendant failed to provide full wages, including overtime and spread of hours pay, and illegally deducted costs for mandatory uniforms and supplies from employee pay, resulting in wages below the minimum wage. The plaintiff sought class certification for a proposed class of approximately 200 current and former EMTs, paramedics, and drivers. The Supreme Court, Bronx County, presided over by Justice Fidel E. Gomez, granted the motion for class certification, finding that all statutory requirements under CPLR 901 and 902 were satisfied. The court certified a class comprising all individuals working for the defendant as drivers, EMTs, or paramedics in New York between December 30, 2015, and August 15, 2022.

Class Action CertificationLabor Law ViolationsUnpaid WagesOvertime PayUniform ReimbursementMinimum WageSpread of Hours PayWage NoticesIllegal Wage DeductionsEMT
References
31
Case No. MISSING
Regular Panel Decision

Klem v. Special Response Corp.

This case involves an appeal from an order regarding the distribution of settlement proceeds and a workers' compensation lien. The plaintiff sustained an ankle injury during employment and subsequently settled a personal injury action against Special Response Corporation. Zurich Insurance Company, the workers' compensation insurer for the plaintiff's employer, had paid over $114,000 in benefits and claimed a lien against the $70,000 settlement proceeds. The Supreme Court initially ruled that Zurich was not entitled to assert a lien. However, the appellate court reversed this decision, affirming Zurich's right to a lien, but remitted the matter to the Supreme Court for further proceedings to properly calculate the lien amount, taking into account statutory reductions for benefits paid in lieu of first-party benefits and an equitable apportionment of litigation costs, including attorneys' fees.

Workers' CompensationLien RightsSettlement ProceedsPersonal InjuryAppellate ReviewInsurance LawEquitable ApportionmentLitigation CostsFirst-Party BenefitsNo-Fault Law
References
6
Case No. MISSING
Regular Panel Decision

McKelvy v. Columbia Medical Center of McKinney Subsidiary, L.P.

Jeannie McKelvy, an employee of Columbia Medical Center of McKinney Subsidiary, L.P., d/b/a McKinney Medical Center (the Hospital), sustained injuries from a slip and fall at work due to leaking lab equipment. She filed a negligence claim against the Hospital, which is a non-subscriber to workers' compensation insurance. The Hospital moved to dismiss her claims under the Texas Medical Liability Act (Chapter 74) for failure to file an expert report, arguing her claims were health care liability claims. The trial court granted the Hospital's motion. On appeal, McKelvy argued her claims were ordinary negligence claims, not subject to Chapter 74. The appellate court reviewed the definition of a 'health care liability claim' under section 74.001(a)(13) of the Texas Civil Practices and Remedies Code. The court concluded that McKelvy's claims, stemming from a hazardous floor caused by leaking lab equipment, did not have an indirect relationship to the provision of health care and did not involve a patient-physician relationship. Therefore, her claims were not health care liability claims, and the trial court erred in dismissing her case. The appellate court reversed the trial court's order and remanded the case for further proceedings.

References
5
Case No. ADJ3162900 (LAO 0866179)
Regular
Aug 23, 2012

ROBERTO GOMEZ vs. GREIF BROTHERS CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a lien claimant's request for reconsideration of a disallowed lien due to alleged due process violations regarding witness testimony. The Appeals Board initially ordered responses from attorney Hannan and hearing representative Surujnarain regarding these allegations. While Hannan received an extension, Surujnarain's late joinder to the extension request, citing a need for legal counsel due to his non-attorney status, was ultimately granted. Surujnarain now has until September 7, 2012, to file his verified response, with no further extensions to be granted absent a compelling showing of good cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings & OrderLien ClaimantDue ProcessWitness TestimonySanctionsPetition for Extension of TimeVerified ResponsePenalty of Perjury
References
0
Case No. WR-80,923-02
Regular Panel Decision
Jun 01, 2015

Harris, Roderick

Roderick Harris, a death row inmate, sought a writ of prohibition to prevent the disclosure of his trial files, which were ordered by the trial court in response to his ineffective assistance of counsel claims. The State of Texas filed a response, arguing that Harris's claims waived attorney-client and work-product privileges, thereby justifying the disclosure order. The State contended that the trial court possessed the discretion under Article 11.071 of the Code of Criminal Procedure to compel discovery of relevant files. It requested the Court of Criminal Appeals deny Harris's motion, emphasizing that the scope of waiver for privileged information is determined by the trial court based on relevancy to the ineffective assistance claims. The case highlights a dispute over the balance between a defendant's privilege and the state's need for evidence in habeas corpus proceedings.

Capital MurderWrit of ProhibitionHabeas CorpusIneffective Assistance of CounselAttorney-Client PrivilegeWork-Product PrivilegeDiscovery OrderTrial FilesRestraintsExtraneous Offense Evidence
References
70
Case No. CV28384
Regular Panel Decision
Aug 29, 2014

in Re Dan Wheeler Wrecker Service, Inc. and Gregory Hembree

This document is a reporter's record of a motion hearing held on August 29, 2014, in the case of Charles E. Watkins v. Dan Wheeler Wrecker Service, Inc., et al., before Judge Randy McDonald in Chambers County, Texas. The hearing concerned the defendants' 'Motion for Leave to Designate Responsible Third Party' to include Sammy Wood, an individual convicted of theft related to the incident at the heart of the lawsuit. The defendants argued that Wood's conviction made him a responsible third party under Chapter 33 of the Civil Practices and Remedies Code, contributing to the harm alleged by the plaintiff. The plaintiff opposed the designation, asserting that the defendants had statutory violations and Wood was not relevant to their liability. The judge, after hearing arguments, decided to neither grant nor deny the motion at that time, stating a need for further evidence on Wood's relevancy, possibly through a deposition, before making a definitive ruling. The judge expressed concern about the potential for an 'empty chair' defense without a thorough understanding of Wood's role.

Tort lawProportionate responsibilityThird-party designationCivil procedureTexas Civil Practices and Remedies CodeNegligence claimsConversion claimTrespass to chattelsDTPA violationMotion for leave
References
15
Case No. 01-15-00877-CV
Regular Panel Decision
Feb 09, 2016

in Re CVR Energy, Inc., CVR Partners, LP, CVR Refining, LP, Gary-Williams Energy Company, LLC

This case involves a petition for writ of mandamus by CVR Energy, Inc., and its related entities (Relators) to compel a trial court to allow them to designate Wynnewood Refining Company, LLC, as a responsible third party in a wrongful death suit. Wynnewood was a former co-defendant and a wholly-owned subsidiary of one of the relators, whom the plaintiffs had nonsuited less than 60 days before trial, after the statute of limitations had run. The trial court denied CVR's subsequent motion to designate Wynnewood. The Court of Appeals found that the trial court abused its discretion, concluding that CVR had no obligation to disclose Wynnewood as a responsible third party while it was a co-defendant and that the motion to designate was timely filed after the nonsuit. Consequently, the Court of Appeals conditionally granted the writ of mandamus, directing the trial court to vacate its order and allow the designation.

MandamusResponsible Third PartyProportionate ResponsibilityWrongful DeathNonsuitStatute of LimitationsTrial Court DiscretionTexas Civil ProcedureDiscovery ObligationsAppellate Remedy
References
39
Case No. MISSING
Regular Panel Decision
Jan 17, 2007

Botway v. National Response Corp.

The defendant, Deborah L. Wick, appealed an order denying her motion for summary judgment in a personal injury action. The plaintiff alleged Wick, her supervisor at National Response Corporation (NRC), caused injuries through an intentional tort, despite receiving worker's compensation benefits. Wick argued the plaintiff's claim was barred by the Workers’ Compensation Law's exclusive remedy, and the intentional tort exception did not apply as she lacked intent to injure. The Supreme Court denied Wick's motion, finding a factual dispute regarding the intentional tort. The appellate court affirmed this denial, concluding that Wick failed to establish a prima facie case for summary judgment by not eliminating the existence of a factual issue concerning whether an intentional tort was committed.

Personal InjuryIntentional TortSummary JudgmentWorkers' Compensation LawExclusive RemedySupervisor LiabilityAppellate ReviewQuestion of FactPrima Facie EntitlementEmployment Law
References
3
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