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Case Law Database

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

Case No. 12-0657
Regular Panel Decision
Jun 26, 2015

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

This dissenting opinion addresses a challenge by eyebrow threaders (petitioners) to Texas' cosmetology licensing scheme, which requires 750 hours of training for an esthetician license. The petitioners argue that these requirements are excessive and violate substantive due process, lacking a rational connection to public health and safety. Chief Justice Hecht's dissent argues against the majority's decision to strike down the regulation, contending that while the regulation might be 'injudicious' as policy, it is not unconstitutional. The dissent asserts that the regulation is rationally related to the state's legitimate interest in protecting public health and safety, citing potential health risks from hair removal and similar regulations in other states. It criticizes the majority for creating an 'oppressive' standard for substantive due process, departing from the established rational basis test and risking judicial overreach into legislative policy-making.

Economic LibertyDue ProcessSubstantive Due ProcessRational Basis TestCosmetology RegulationEyebrow ThreadingJudicial ActivismPolice PowerTexas ConstitutionOccupational Licensing
References
26
Case No. 03-03-00436-CV
Regular Panel Decision
May 20, 2004

Texas Medical Association Texas AFL-CLO Patient Advocates of Texas Allen J. Meril, M.D. And L. E. Richey v. Texas Workers Compensation Commission Richard F. Reynolds, Executive Director And Texas Association of Business

The Texas Court of Appeals, Third District, at Austin, affirmed a district court's judgment upholding the validity of the 2002 medical fee guidelines promulgated by the Texas Workers' Compensation Commission. Appellants, including the Texas Medical Association and Texas AFL-CIO, challenged the guidelines on substantive grounds (unlawful delegation of power to CMS and arbitrary/capricious rulemaking) and procedural grounds (failure to consult the Medical Advisory Committee and inadequate reasoned justification/public notice). The appellate court found no unlawful delegation of power, that the Commission's decision was not arbitrary and capricious, and that the Commission substantially complied with the reasoned-justification requirement of the APA. The court also found no requirement to consult the Medical Advisory Committee for initial fee guidelines and that a new public notice and comment period was not required.

Workers' Compensation LawMedical ReimbursementFee GuidelinesAdministrative Procedure ActAgency RulemakingDelegation DoctrineArbitrary and CapriciousJudicial ReviewTexas LawHealth Policy
References
43
Case No. MISSING
Regular Panel Decision

Korman v. Sachs

This case concerns an appeal challenging the invalidation of Lorraine Backal's designating petition for Judge of the Surrogate’s Court, Bronx County. The Supreme Court initially ruled her petition invalid, citing fewer than the required 5,000 signatures under Election Law § 6-136 (2) (b). On appeal, while the court upheld the factual finding of insufficient signatures, it deemed the 5,000-signature requirement for Bronx County unconstitutional. The court found this disparity, compared to 2,000 signatures for counties of similar population outside New York City, violated the Equal Protection Clause. Consequently, the judgment invalidating Backal's petition was reversed, and the Board of Elections was directed to place her name on the ballot.

Election LawDesignating PetitionsConstitutional LawEqual ProtectionBallot AccessSignature RequirementsJudicial ElectionsNew York StateAppellate ReviewSurrogate's Court
References
5
Case No. MISSING
Regular Panel Decision

Svensen v. Svensen

This case is an appeal contesting the dismissal of a divorce action. The trial court dismissed the husband's petition because he had not met the six-month Texas residency requirement at the time of filing or hearing. The appellate court clarifies that the residency requirement is not jurisdictional but a qualification, meaning a plea in abatement should lead to retaining the case on the docket rather than outright dismissal. Consequently, the court found that the trial court erred in dismissing the suit and refusing its reinstatement after the residency condition was fulfilled. The case was reversed and remanded for reinstatement and trial on the merits.

DivorceResidency RequirementsPlea in AbatementJurisdictionDismissalRemandTexas Family CodeCivil ProcedureAppellate ReviewMarital Law
References
10
Case No. MISSING
Regular Panel Decision

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

Justice Boyd concurs with the judgment that a Texas statute requiring eyebrow threaders to obtain an esthetician's license is unconstitutional. However, he disagrees with the Court's adoption of a new 'unreasonably burdensome that it becomes oppressive' test for the Texas Constitution's 'due course of law' provision. Instead, he believes a law violates due course of law only if it is 'arbitrary and unreasonable, and therefore oppressive, because it has no rational relationship to a legitimate government interest.' He finds the esthetician's license requirement for eyebrow threaders to be arbitrary, unreasonable, and oppressive as it lacks a rational relationship to public health and safety, despite agreeing that sanitation training is rational. Boyd emphasizes that courts should not 'legislate from the bench' but must exercise their authority to interpret the Constitution when a law is clearly arbitrary and unreasonable. He concludes that imposing the existing esthetician licensing scheme on eyebrow threaders is not rationally related to the legitimate government interest in promoting public health and safety.

Constitutional LawDue Course of LawEconomic RegulationOccupational LicensingEsthetician LicenseEyebrow ThreadingRational Basis ReviewArbitrary and UnreasonableTexas ConstitutionSubstantive Due Process
References
7
Case No. MISSING
Regular Panel Decision

Sundram v. City of Niagara Falls

The case involves a petitioner, an Indian national and permanent resident alien, whose application for a taxicab driver's license in Niagara Falls, New York, was denied due to a citizenship requirement in a city ordinance. The petitioner challenged this requirement, arguing it violated the Equal Protection Clause of the Fourteenth Amendment. Citing precedents like Yick Wo v. Hopkins and Truax v. Raich, the court affirmed that the Fourteenth Amendment extends protection to aliens regarding their right to earn a livelihood. The court found no compelling state interest to justify the citizenship classification for taxicab drivers, deeming the "undifferentiated fear" of criminal activity insufficient. Consequently, the court held subdivision (e) of section 16 of chapter 365 of the Niagara Falls ordinances unconstitutional, but withheld injunctive relief pending the full processing of the petitioner's application.

Citizenship RequirementEqual Protection ClauseFourteenth AmendmentAlien RightsTaxicab LicensingOrdinance ConstitutionalityOccupational LicensingDiscriminationRight to WorkNiagara Falls
References
14
Case No. MISSING
Regular Panel Decision
Feb 24, 2006

Hatfill v. Foster

This decision and order revisits the choice of substantive law in a libel case filed by Dr. Steven Hatfill against Conde Nast Publications, Donald Foster, and The Reader's Digest Association, concerning articles published about the 2001 anthrax attacks. Initially, the court had determined Virginia law applied. However, after further jurisdictional discovery revealed that plaintiff Hatfill had made misrepresentations about his domicile, the court reversed its prior ruling. It concluded that Hatfill was domiciled in Washington D.C. at the time of the articles' publication, and therefore, Washington D.C. law will govern the substantive issues for all defendants. Additionally, the court ordered plaintiff's counsel to show cause why their pro hac vice status should not be revoked due to these alleged misrepresentations and omissions of material facts regarding their client's domicile.

LibelDefamationChoice of LawDomicile DeterminationJurisdictional DiscoveryMisrepresentation to CourtPro Hac Vice RevocationForum ShoppingSingle Publication RuleConflict of Laws
References
19
Case No. MISSING
Regular Panel Decision

Blair v. Texas Employment Commission

William G. Blair appealed an order requiring him to produce employment and payroll records to the Texas Employment Commission (TEC). Blair claimed the records were privileged under the Fourth, Fifth, and Fourteenth Amendments, fearing self-incrimination, and offered to produce them only if granted immunity. The Attorney General then filed an application in the 72nd District Court of Lubbock County, which ordered Blair to produce the records. The appellate court affirmed the trial court's judgment, applying the "required records" doctrine, which is an exception to the self-incrimination privilege for records mandated by law for governmental regulation, especially concerning public welfare and the collection of taxes for unemployment compensation.

Required Records DoctrineSelf-IncriminationFifth AmendmentFourth AmendmentFourteenth AmendmentEmployment RecordsPayroll RecordsAdministrative SubpoenaGovernmental RegulationPublic Welfare
References
4
Case No. ADJ2273697 (ANA 0387273), ADJ810982 (ANA 0387274)
Regular
Jan 05, 2010

SHAWN BEYER vs. MAJOR INDOOR SOCCER LEAGUE, STATE COMPENSATION INSURANCE FUND

In Case No. ADJ2273697, the Appeals Board denied SCIF's petition for reconsideration as no specific arguments were raised. For Case No. ADJ810982, the Board granted reconsideration, rescinded the prior award, and remanded to the WCJ. This action was taken because a proposed correction of "body parts injured" from the extremities to the cervical spine, psyche, and head was deemed a substantive change, not a clerical error. The Board noted that this substantive change could raise new issues requiring further consideration.

Workers' Compensation Appeals BoardShawn BeyerMajor Indoor Soccer LeagueState Compensation Insurance Fundpetition for reconsiderationFindings of Fact and Awardindustrial injurypermanent disabilityapportionmentfuture medical treatment
References
2
Case No. 2020 NY Slip Op 00202 [179 AD3d 1277]
Regular Panel Decision
Jan 09, 2020

Matter of Angarano v. Crucible Materials Corp.

The claimant, Paul Angarano, appealed a Workers' Compensation Board decision that denied review of a Workers' Compensation Law Judge's ruling. The Board denied review because the claimant's counsel failed to properly complete the RB-89 form, merely referencing an attached brief for substantive information instead of filling out the required sections. The Appellate Division, Third Department, affirmed the Board's decision, stating that the Board acted within its discretionary authority in denying the application due to non-compliance with procedural formatting requirements for the RB-89 form.

Procedural ComplianceRB-89 FormApplication DeficiencyDiscretionary AuthorityWorkers' Compensation RegulationsAppellate ReviewAdministrative AppealFormal RequirementsDenial of ApplicationCase Law Affirmation
References
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