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

Case No. 03-11-00066-CV
Regular Panel Decision
Apr 05, 2012

M. Lawrence Naumann and Naumann Farm, LLC v. Edward R. Lee and Wife, Josephine R. Lee Edward J. Lee and Wife, Zenaida Lee Robert D. Norris and Wife, Dana K. Norris Diana Toler and Von Toler

M. Lawrence Naumann and Naumann Farm, LLC (Appellants) appealed a trial court's summary judgment in an easement dispute. The trial court had ruled that Naumann possessed only a limited easement to access a portion of his property, invalidating an easement for the remainder, and had also awarded attorney's fees to the appellees. Naumann challenged these decisions, arguing errors in the denial of their motion, the granting of appellees' cross-motion, the permanent injunction, and the attorney's fee award. The Court of Appeals reviewed the judgment, including the application of the "strip and gore" doctrine, and affirmed the trial court's decision in its entirety. The court concluded that the trial court did not err in its declaratory summary judgment, the permanent injunction, or the award of attorney's fees to the appellees.

Easement disputeSummary judgmentAppellate reviewProperty lawStrip and gore doctrineDeed constructionDeclaratory reliefInjunctive reliefAttorney's feesTexas Court of Appeals
References
48
Case No. MISSING
Regular Panel Decision
Oct 04, 2004

People v. Arotin

The case concerns an appeal by an unnamed defendant against an order from the Saratoga County Court, which classified him as a risk level III sex offender under New York's Sex Offender Registration Act. The defendant, previously convicted in Ohio for attempted gross sexual imposition and classified as a "sexually oriented offender," contested the New York classification upon his relocation, arguing the Full Faith and Credit Clause should compel New York to recognize his lower Ohio classification and that the evidence was insufficient for a Level III designation. The appellate court affirmed that states have the power to apply their own registration requirements, rejecting the Full Faith and Credit argument. However, it found that specific factors used to justify the level III classification, namely "deviate sexual intercourse" and "history of substance abuse," lacked clear and convincing evidence. Consequently, the appellate court reversed the order and remitted the matter to the County Court for reclassification.

Sex Offender Registration ActRisk Level ClassificationFull Faith and Credit ClauseRecidivismSexually Oriented OffenderAppellate ReviewClear and Convincing EvidenceOhio LawNew York LawSex Offender Assessment
References
19
Case No. ADJ4280834
Regular
Sep 27, 2012

LEVELL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to applicant Levell Smith's petition, rescinding the prior award. The Board found the WCJ erred by failing to adequately rate upper extremity disability and potentially by merging distinct disability restrictions. Consequently, the case is returned to the trial level for further proceedings, including referral to the Disability Evaluation Unit, to ensure all factors of disability are properly evaluated. A new decision will be issued thereafter.

ReconsiderationFindings of Fact and AwardDeep Vein ThrombosisHypertensive Cardiovascular DiseaseSleep DisorderPsychePermanent Disability RatingSuccessive InjuriesMultiple InjuriesUpper Extremity Disability
References
0
Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
5
Case No. 14-02-01062-CV
Regular Panel Decision
Oct 28, 2004

Tribble & Stephens Co. v. RGM Constructors, L.P.

The case involves a construction contract dispute between T & S and RGM concerning the quality of concrete formwork and applicable tolerance levels. RGM, the appellee, sought a rehearing, contending the appellate court erred by reversing a summary judgment based on an unraised argument regarding contract ambiguity. The court found that T & S had, in fact, preserved the argument of contract ambiguity in the trial court and on appeal. Further, the court determined that a genuine issue of material fact existed regarding the correct tolerance standards for the concrete surfaces, necessitating a comprehensive interpretation of the entire subcontract. Consequently, RGM's motion for rehearing was overruled, and the trial court's summary judgment was reversed, remanding the case for further proceedings.

Contract InterpretationSummary JudgmentPreservation of ErrorAppellate ReviewConstruction DisputeConcrete WorkTolerance LevelsSubcontractRemandRehearing
References
7
Case No. ADJ7928198
Regular
Mar 19, 2014

FELIPE AYALA vs. CUSTOM DELUXE LANDSCAPINT, ACE USA

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was filed against a Notice of Intention, not a final order. The Board found the petition frivolous and warned against future similar filings. The case will be returned to the trial level for further proceedings and decision.

Petition for ReconsiderationNotice of Intention (NIT)Lien ClaimDismissalTrial LevelWCJ ReportFrivolous FilingSanctionsWorkers' Compensation Appeals BoardFinal Order
References
0
Case No. ADJ6552779
Regular
Aug 17, 2009

LOUIE BLACKMON vs. THE HOME DEPOT, SEDGWICK 14442 ORANGE

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not filed against a final order. The WCJ had previously denied the applicant's petition for commutation without prejudice, citing failure to serve the defendant and lack of substantiating documentation. The Board remanded the case to the trial level for a status conference to assist the unrepresented applicant with understanding commutation requirements.

CommutationPetition for ReconsiderationOrder Denying Without PrejudiceStipulated Findings and AwardNewly Discovered EvidenceProof of ServiceFinal OrderLabor Code Section 5900Substantive Rights and LiabilitiesInformation and Assistance Office
References
5
Case No. ADJ3835561 (GOL 0099475)
Regular
Jul 12, 2011

CESAR HERNANDEZ vs. J.D. HUMANN LANDSCAPING, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The defendant sought reconsideration of an order setting aside a compromise and release, alleging the order was ex-parte and issued without notice. However, the defendant later withdrew its petition, explaining it was unaware of lien claimant correspondence and had since negotiated a resolution for attorney fees. The Board dismissed the defendant's petition for reconsideration and remanded the case to the trial level for further proceedings. This action allows for reinstatement of the original compromise and release and approval of the negotiated stipulation for attorney fees.

WCABPetition for ReconsiderationOrder Setting Aside Order Approving Compromise and ReleaseEx-parteLien ClaimantEstate of Michael StevensStipulation and AwardAttorney FeesRemandTrial Level
References
0
Case No. MISSING
Regular Panel Decision
Apr 27, 2004

People v. S.G.

This case involves a judicial determination of a defendant's Sex Offender Registration Act (SORA) duration of registration and level of notification, following her conviction for promoting prostitution. The Board of Examiners of Sex Offenders recommended a Level 2 designation, but the People failed to provide timely notice of their intent to seek a different determination, thus waiving their right to argue for higher points. The court assessed 45 points based on various risk factors, resulting in a presumptive Level 1 sex offender classification, contrary to the Board's Level 2 recommendation. Even if a Level 2 designation were reached, the court found significant mitigating factors, such as the defendant's remorse, educational achievements, and participation in rehabilitation programs while incarcerated, justifying a downward departure to Level 1. Ultimately, the court designated the defendant a Level 1 sex offender, requiring a 10-year registration period, and found no basis for lifetime registration.

Sex Offender Registration Act (SORA)Risk AssessmentLevel 1 Sex OffenderPromoting ProstitutionCorrection Law § 168-nForcible CompulsionAccessorial LiabilityDownward DepartureMitigating FactorsDue Process
References
9
Case No. ADJ9195822
Regular
Oct 09, 2017

BOBBY LEWIS vs. HENDRICKSON TRUCKING, NATIONAL INTERSTATE INSURANCE

This case involves a lien claimant, Labs for Physicians & Surgeons, seeking reconsideration of their lien's dismissal by operation of law. The claimant argued their filings were timely. However, the claimant and defendant later reached a stipulation to resolve the lien. The Appeals Board granted the claimant's request to withdraw their petition for reconsideration. The matter is now remanded to the trial level for review and action on the parties' stipulation.

Labor Code section 4903.05(c)Petition for ReconsiderationDismissal of lien by operation of lawNotice and Request for Allowance of LienSupplemental Lien FormSection 4903.05(c) Declarationfiling deadlineStipulationWCJAppeals Board
References
0
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