CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 05-23-00086-CV
Regular Panel Decision
Feb 21, 2024

Santa Trevino and Sesar Trevino v. Jalapeno Tree Operating, LLC

Santa Trevino sustained personal injuries while working at a Jalapeno Tree restaurant. Her employer, Jalapeno Tree Operating, LLC, which was a workers' compensation subscriber, provided benefits through its insurer, Texas Mutual. Trevino and her husband subsequently sued Jalapeno Tree for negligence, premises liability, and loss of consortium. The trial court granted Jalapeno Tree's motion for summary judgment based on the exclusive remedy provision of the Workers’ Compensation Act. The Trevinos appealed, arguing that Jalapeno Tree was not covered by workers' compensation insurance. The Court of Appeals affirmed the trial court's judgment, finding sufficient summary judgment evidence of coverage.

Workers' CompensationExclusive RemedySummary JudgmentPersonal InjuryAppellate ReviewEmployer LiabilityInsurance CoverageSlip and FallTraumatic Brain InjuryLoss of Consortium
References
6
Case No. 2023 NY Slip Op 00910
Regular Panel Decision
Feb 16, 2023

Matter of Guevara v. Greenvelvet Tree, Inc.

Claimant Wilfredo A. Guevara sustained injuries while employed by Greenvelvet Tree, Inc. The State Insurance Fund (SIF) attempted to cancel the workers' compensation insurance policy covering Greenvelvet Tree, Inc. for nonpayment of premiums. The Workers' Compensation Board ruled that SIF failed to properly cancel the policy with respect to Greenvelvet Tree, Inc., thus holding SIF responsible for the claim. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that carriers must strictly comply with Workers' Compensation Law § 54 (5) notice requirements. The court found SIF did not separately serve Greenvelvet Tree, Inc. with the cancellation notice, despite shared corporate interests and address, affirming the continuation of coverage.

Workers' Compensation InsurancePolicy CancellationNotice RequirementsStrict ComplianceEmployer LiabilityAppellate ReviewNonpayment of PremiumsCorporate EntitiesAdditional InsuredStatutory Interpretation
References
6
Case No. 03-10-00709-CV
Regular Panel Decision
Aug 31, 2011

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Green Tree Servicing, LLC appealed a post-answer default judgment concerning ad valorem taxes on mobile homes. The original suit was filed by Travis County and other entities against Conseco Finance Servicing Corporation, later substituted with Green Tree. Green Tree failed to appear at trial, resulting in a default judgment. Green Tree filed a motion for new trial, asserting its failure to appear was due to an accident or mistake (attorney transition) and that it had a meritorious defense, arguing that as a repossessing lienholder and not an owner, it was not liable for the taxes under Texas Tax Code Ann. § 32.07. The appellate court applied the Craddock test and found that Green Tree satisfied all three elements. The court adopted the interpretation that a repossessing lienholder is not considered an 'owner' under the tax code. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Post-answer default judgmentAd valorem taxesMobile homesLienholder liabilityProperty ownershipMeritorious defenseCraddock testNew trialStatutory interpretationTexas Tax Code
References
22
Case No. 01-09-00779-CV
Regular Panel Decision
Mar 17, 2011

Prime Trees and Landscaping Services D/B/A/ Mulch Matters v. Americon Services Company, Inc.

This breach-of-contract case involved Prime Tree and Landscaping Services (Mulch Matters) appealing a trial court's partial summary judgment and final judgment in favor of Americon Services Company. The dispute centered on a contract for 'select fill' dirt with specific plasticity index (PI) requirements for a construction project. Prime Tree contended the PI specifications were not part of the agreement and raised defenses of fraudulent inducement and lack of authority regarding the contract's terms. The Court of Appeals affirmed the trial court's decision, ruling that Mulch Matters' estimate had unambiguously incorporated Americon's Purchase Order, thus including the PI specifications in the contract. Additionally, the court upheld the jury's award of $30,500 in damages to Americon, finding sufficient evidence that the costs incurred to remedy the non-conforming dirt were reasonable and necessary.

Breach of ContractSummary JudgmentDirected VerdictAppellate ReviewContract InterpretationParol Evidence RuleFraudulent InducementDamages AwardTexas LawCivil Procedure
References
26
Case No. ADJ2003862
Regular
Feb 08, 2010

REYES DE SANTIAGO vs. DE SANTIAGO TREE SERVICE, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves an applicant who sustained industrial injuries, including psychiatric harm, after falling from a tree while trimming it. The applicant had been employed for less than six months at the time of injury. The Board granted reconsideration, rescinded the prior award, and returned the case for a new decision because the applicant's fall, though sudden, was not considered an "extraordinary employment condition" under Labor Code section 3208.3(d). The majority found that the risk of falling is inherent and routine for a tree trimmer and therefore does not qualify for the exception to the six-month employment rule for psychiatric injuries.

WCABFindings and Award and Orderindustrial injurypsychiatric injuryLabor Code section 3208.3(d)sudden and extraordinary employment conditionQualified Medical Examinersubstantial evidencepermanent disabilityapportionment
References
6
Case No. 2024 NYSlipOp 01760
Regular Panel Decision
Mar 28, 2024

Chua v. Trim-Line Hitech Constr. Corp.

Wilfred Chua and other plaintiffs initiated a class action against Trim-Line Hitech Construction Corp. and J. Kokolakis Contracting, Inc., among others, seeking recovery of prevailing wages and supplemental benefits for construction work performed on publicly-financed projects. The plaintiffs successfully moved for class certification in the Supreme Court, New York County. On appeal, the Appellate Division, First Department, unanimously affirmed the lower court's decision, finding that the plaintiffs met the prerequisites for class certification under CPLR 901 and 902. The court concluded that a class action was the superior method for resolving the wage dispute, given the potentially insignificant individual damages and high costs of individual litigation.

Class ActionClass CertificationPrevailing WageSupplemental BenefitsLabor LawConstruction WorkWage DisputeAppellate ReviewNumerosityCommonality
References
14
Case No. 2020 NY Slip Op 07002 [188 AD3d 1524]
Regular Panel Decision
Nov 25, 2020

Matter of Walczak v. Asplundh Tree Expert Co.

Claimant Marian Walczak, an arborist, appealed a Workers' Compensation Board decision that deemed his claim for occupational hearing loss untimely. Walczak worked for Asplundh Tree Expert Co. from 1998 to 2006 and filed his claim in 2017, listing the onset of hearing loss as December 27, 2006. The Board found the claim time-barred under Workers' Compensation Law § 28, asserting that Walczak knew or should have known of his hearing loss and its probable work-related cause by January 19, 2012, given his testimony and medical records. The Appellate Division affirmed, emphasizing that specialized medical knowledge is not required to trigger the 90-day limitations period under Workers' Compensation Law § 49-bb, and deference is given to the Board's findings of fact and credibility assessments.

Occupational Hearing LossTime-Barred ClaimWorkers' Compensation Law § 28Workers' Compensation Law § 49-bbStatute of LimitationsDate of DisablementKnowledge of DiseaseMedical Diagnosis Not RequiredAppellate ReviewWorkers' Compensation Board
References
2
Case No. MISSING
Regular Panel Decision

Rushing v. Green Tree Servicing, LLC (In Re Rushing)

This memorandum of decision addresses motions to dismiss filed by defendants Green Tree Servicing, LLC and John Patrick Herr against plaintiffs Ira Glen Rushing (Debtor) and Jacqueline Y. Berry (non-debtor spouse). The plaintiffs alleged automatic stay violations under 11 U.S.C. § 362(k) stemming from the defendants' actions during Rushing's Chapter 13 bankruptcy. The court denied the motions to dismiss concerning Rushing's claims, ruling that automatic stay violation claims are not subject to arbitration or state limitations periods. However, the court granted the motions to dismiss regarding Berry's claims, determining that as a non-debtor spouse, she lacks standing to pursue a remedy under § 362(k) because her grievances are not within the zone of interests protected by the statute.

BankruptcyAutomatic StayArbitrationMotion to DismissFederal Arbitration ActStandingLimitations PeriodDebtor ProtectionCreditor ProtectionChapter 13
References
58
Case No. MISSING
Regular Panel Decision

McGrath v. Lake Tree Village Associates

Plaintiff, an employee of Deacon, was injured while carrying a scaffold pick on a construction site owned by Lake Tree Village Associates, walking over a dirt pile. Plaintiff sued Lake Tree alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6). The Supreme Court denied Lake Tree's motion for summary judgment. The appellate court reversed, finding no evidence Lake Tree exercised control, thus negating liability under Labor Law § 200 or common-law negligence, and also noting no duty to protect against readily observable conditions. Furthermore, the court ruled that OSHA standards do not provide a basis for liability under Labor Law § 241 (6), and most cited Industrial Code provisions were either general, not applicable, or reiterated common-law duties, thus not supporting liability under § 241 (6).

Labor Law § 200Labor Law § 241 (6)Industrial Code ViolationsOSHA StandardsSummary JudgmentConstruction Site InjuryEmployer LiabilityOwner LiabilityGeneral ContractorScaffold Accident
References
13
Case No. MISSING
Regular Panel Decision

Gonder v. Dollar Tree Stores, Inc.

Pharaoh Gonder filed a lawsuit against Dollar Tree Stores, Inc. in New York state court, alleging race discrimination and retaliation under the New York City Human Rights Law. Dollar Tree removed the case to federal court and subsequently moved to dismiss the complaint and compel arbitration, citing an arbitration agreement signed by Gonder upon commencing employment. Gonder disputed the validity and enforceability of the agreement, claiming he did not recall signing it. The court found that Gonder had indeed electronically signed a valid and enforceable arbitration agreement, with the offer of employment serving as sufficient consideration. Furthermore, the court concluded that Dollar Tree had not waived its right to arbitrate through its participation in administrative investigations or the removal to federal court, noting the minimal litigation activity and lack of prejudice to Gonder. Consequently, the court granted Dollar Tree's motion to dismiss and compel arbitration.

Arbitration AgreementEmployment DiscriminationRetaliationFederal Arbitration ActWaiver of ArbitrationElectronic SignatureContract LawMotion to Compel ArbitrationDiversity JurisdictionNew York City Human Rights Law
References
25
Showing 1-10 of 179 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational