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

Case No. 2021 NY Slip Op 00986
Regular Panel Decision
Feb 16, 2021

What Happened in Felix vs. Weber Metals Reconsideration?

This case involves an appeal concerning a dispute between healthcare entities (plaintiffs) and insurance entities (Applied defendants) over a workers' compensation insurance policy, the Reissuance Participation Agreement (RPA). Plaintiffs alleged a fraudulent scheme where the RPA was not properly approved by the New York State Department of Financial Services. The RPA contained a forum selection clause mandating litigation in Nebraska. The Supreme Court denied the Applied defendants' motion to dismiss, but the Appellate Division modified the order, dismissing the second amended complaint without prejudice to re-filing in Nebraska. The Appellate Division enforced the forum selection clause, finding plaintiffs failed to demonstrate it was unreasonable, unjust, or fraudulently procured, and deemed AUCRA a necessary and indispensable party.

Forum Selection ClauseWorkers' Compensation InsuranceFraudulent SchemeAppellate ReviewJurisdictionNecessary PartyIndispensable PartyChoice of Forum ActNew York LawContract Enforcement
References
17
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case addresses the validity of a rate order issued by the Texas Commissioner of Insurance, which mandated State Farm Lloyds to reduce its homeowners insurance rates. State Farm Lloyds challenged the order in district court, which found the underlying statute (Article 5.26-1 of the insurance code) unconstitutional and State Farm Lloyds's due process rights violated, vacating the rate order. On appeal, the Court affirmed the district court's finding that a specific "proof provision" within Article 5.26-1, requiring insurers to prove a rate reduction would lead to inadequate rates, was unconstitutional on its face and as applied to State Farm Lloyds. The Court also found that State Farm Lloyds's due process rights were violated due to the application of this unconstitutional standard and the denial of discovery. The Court held this unconstitutional provision was severable, reversed the trial court's judgment regarding the constitutionality of the remainder of the statute, and remanded the case to the Texas Department of Insurance for further proceedings consistent with the opinion, applying the constitutional standard for rate review.

Insurance Rate RegulationConstitutional LawDue ProcessSeverability of StatutesAdministrative LawInsurance CodeHomeowners InsuranceConfiscatory RatesJudicial ReviewTexas Law
References
46
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Plaintiffs, the surviving widow and daughter of helicopter pilot Nathan Brown, filed suit after Brown was killed in a crash into an oil platform in the Gulf of Mexico. Initially, the Court ruled that the Death On The High Sea Act (DOHSA) applied, limiting recovery to pecuniary losses. Plaintiffs then moved for the Court to apply DOHSA as amended by the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21). AIR 21 introduced provisions allowing nonpecuniary damages for deaths in commercial aviation accidents occurring beyond 12 nautical miles from shore after July 16, 1996. The Court granted Plaintiffs' motion, determining that Brown’s helicopter flight, an on-demand air taxi service for profit, constituted a "commercial aviation accident" under the plain language of the amended DOHSA statute and consistent with Federal Aviation Regulations. Consequently, Plaintiffs are entitled to recover nonpecuniary damages for loss of care, comfort, and companionship.

DOHSA AmendmentsCommercial Aviation AccidentNonpecuniary DamagesWrongful DeathOCSLAFederal Aviation RegulationsStatutory InterpretationHelicopter CrashMaritime LawGulf of Mexico
References
10
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Joseph Vickers, Jr., a minor, was killed in a job-related accident while employed by American Industrial Transportation, Inc. (AIT), an employer covered by the Workers’ Compensation Act. His mother, Mrs. Rose Whitehead, filed a wrongful death suit against AIT, alleging gross negligence. The district court granted summary judgment for AIT, asserting the suit was barred by workers’ compensation statutes because Joseph had not provided the required notice to preserve his right to a negligence action. Mrs. Whitehead contended that the waiver provision of the Act should not apply to minors or that it was unconstitutional. The appellate court affirmed the summary judgment, concluding that the waiver provision applies to minors and that Mrs. Whitehead failed to demonstrate it was unconstitutional as applied to her son.

Workers' CompensationWrongful DeathMinor EmployeeGross NegligenceSummary JudgmentConstitutional LawDue ProcessOpen CourtsWaiver ProvisionStatutory Interpretation
References
14
Case No. 2024 NY Slip Op 02032 [228 AD3d 20]
Regular Panel Decision
Apr 17, 2024

Can a WCJ Be Disqualified for Appearance of Bias?

The Appellate Division, Second Department, affirmed an order denying dismissal of a lawsuit filed by Air-Sea Packing Group, Inc. against Applied Underwriters, Inc. and its affiliates. The plaintiff alleged that the defendants marketed and sold an unlawful workers' compensation insurance program, EquityComp, in violation of New York Insurance Law. The defendants attempted to enforce a forum selection clause mandating litigation in Nebraska, but the court found this clause unenforceable. This decision was based on public policy, as the program violated New York law, and because Nebraska courts had previously deemed New York the more appropriate forum for such disputes. The ruling allows the plaintiff to pursue claims for declaratory relief, equitable rescission, common-law fraud, and violation of General Business Law § 349 in New York.

Workers' Compensation InsuranceForum Selection ClausePublic PolicyInsurance Law ViolationsEquitable RescissionCommon-Law FraudDeceptive PracticesGeneral Business Law § 349Unlawful Reinsurance AgreementRegulatory Oversight
References
52
Case No. M2024-01239-COA-R3-CV
Regular Panel Decision
Mar 18, 2025

What Were the Key Rulings in Torrez vs. SuperShuttle?

This appeal concerns a chancery court's dismissal of a petition for interlocutory judicial review. The Petitioners, Applied Underwriters Captive Risk Assurance Company, Inc., and others, sought review of an administrative law judge's denial of a motion to dismiss within a contested case before the Tennessee Department of Commerce and Insurance. The chancery court granted the Department's motion to dismiss the petition, citing a lack of subject matter jurisdiction because an adequate remedy would be available through subsequent judicial review of a final administrative decision. The Court of Appeals affirmed this decision, ruling that the challenge to jurisdiction was factual and that the Petitioners failed to demonstrate that a final administrative review would be inadequate, specifically rejecting arguments concerning procedural due process and the risk of retrial.

Administrative LawJudicial ReviewInterlocutory AppealSubject Matter JurisdictionMotion to DismissAdequate RemedyDue ProcessRisk of RetrialTennessee Court of AppealsInsurance Law
References
19
Case No. 03-97-00392-CV
Regular Panel Decision
Mar 26, 1998

Why Was Removal Denied in Rush vs. California Correctional Institution?

This case involves an interlocutory appeal from the Texas Court of Appeals, Third District, at Austin, challenging a class action certification. Appellants Union Pacific Resources Company and Tetra Applied Technologies, Inc. contested the certification of a class represented by Loretta Chilek, Phoenix Horizontal, Inc., and Great West Energy and Exploration, Inc. The underlying suit alleges that appellants' improper plugging of the Nana Newton Well in Lee County caused damage to numerous other wells and mineral interests due to water flow into the Austin Chalk formation. The appellate court reviewed the trial court's decision for abuse of discretion, focusing on numerosity, commonality, typicality, adequate representation, predominance of common issues, and superiority of a class action. Ultimately, the court found no abuse of discretion and affirmed the class certification order.

Class ActionInterlocutory AppealOil and GasWell PluggingMineral InterestsNegligenceTrespassNuisanceJudicial DiscretionAppellate Review
References
22
Case No. No. 08-13-00348-CV (TC#12-09-802)
Regular Panel Decision
Sep 23, 2015

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

This ad-valorem tax case concerns the taxation of natural gas pipeline compressor packages. Appellants, EXLP Leasing LLC and EES Leasing LLC, lease these compressor packages. The trial court initially ruled that the packages qualified as heavy equipment but found the taxable situs in Loving County and deemed the statutory formulas for market value and tax (Texas Tax Code Sections 23.1241 and 23.1242) unconstitutional as applied. On appeal, the Court of Appeals addressed the constitutionality of these statutes and the determination of taxable situs. The appellate court reversed the trial court's finding on constitutionality, holding that the statutes are not unconstitutional as applied, and affirmed the trial court's ruling that the taxable situs was indeed in Loving County.

Ad Valorem TaxHeavy EquipmentTaxation LawMarket Value AssessmentStatutory InterpretationConstitutional LawTaxable SitusTexas Tax CodeAppraisal DistrictProperty Tax
References
16
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The concurring opinion, penned by Judge Levine, addresses the unconstitutionality of Family Court Act § 516 as applied to Thomas L. C., arguing it denies the child equal protection under the law. While judicial restraint typically advises against reaching constitutional issues, the opinion asserts this rule is not absolute, especially when public interest and recurring issues necessitate prompt resolution. It challenges the State's interests previously upheld in Bacon v Bacon, citing subsequent legal developments and advancements in genetic testing, which have significantly reduced the "complex and difficult problems of proof" in paternity cases. The opinion concludes that the discriminatory treatment of nonmarital children under § 516, which bars them from seeking paternity adjudication and support based on a father's current means, lacks a substantial relationship to a legitimate State interest. Therefore, it advocates for reversing the order and remitting the case to Family Court, Kings County, with a declaration that Family Court Act § 516 is unconstitutional as applied.

Equal Protection ChallengeFamily Court Act Section 516Paternity ProceedingsNonmarital Children's RightsChild Support AgreementsConstitutional ScrutinyGenetic Testing EvidenceJudicial Precedent OverhaulState Interest DoctrineParental Support Modification
References
19
Case No. 03-05-00067-CV
Regular Panel Decision
May 22, 2008

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

This appeal concerns the validity of a rate order issued by the commissioner of insurance, requiring State Farm Lloyds to reduce its homeowners insurance rates. The district court vacated the order, finding the underlying statute unconstitutional and State Farm Lloyds's due process rights violated. The Court of Appeals affirmed that the "proof provision" of article 5.26-1, section 4, is unconstitutional on its face and as applied, and that State Farm Lloyds's due process rights were violated due to the unconstitutional proof requirement and denial of discovery. The court, however, found the unconstitutional provision severable, reversed the trial court's judgment as to the constitutionality of the remainder of the statute, and remanded the case to the Texas Department of Insurance for further proceedings consistent with the opinion, ensuring a fair and reasonable return standard.

Insurance RatesHomeowners InsuranceTexas Department of InsuranceRate RegulationConstitutional LawDue ProcessSeverabilityAdministrative LawConfiscatory RatesReasonable Profit
References
45
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