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

Case No. MISSING
Regular Panel Decision

Garry L. Rollins and Carla D. Rollins v. Texas College and MPF Investments, LLC D/B/A A-1 Rent All

Garry Rollins, a maintenance technician at Texas College, was injured in October 2013 after falling from a scissor lift. He and Carla Rollins (the Rollinses) sued Texas College, a nonsubscriber to worker's compensation, for negligence, and MPF Investments, LLC d/b/a "A-1 Rent All" (from whom one of the lifts was rented) for negligence and negligent entrustment. The trial court granted summary judgments for Texas College and MPF, striking a letter from Dr. Barnett (Garry's physician) as inadmissible hearsay. On appeal, the Rollinses challenged the striking of evidence and the granting of summary judgments. The appellate court affirmed the trial court's decision, finding the doctor's letter inadmissible and that the Rollinses provided no evidence of causation for Texas College or that Garry fell from MPF's lift. The motion to reopen evidence was also denied because the evidence was not new or diligently sought.

Summary JudgmentNegligencePersonal InjuryMedical EvidenceHearsayCausationExpert TestimonyPreexisting ConditionAppellate ReviewAbuse of Discretion
References
23
Case No. MISSING
Regular Panel Decision

Reed v. Alamo Rent-A-Car, Inc.

Patricia K. Reed appealed the dismissal of her claims for retaliatory discharge and breach of employment contract against Alamo Rent-A-Car, Inc. The appellate court affirmed the dismissal of the retaliatory discharge claim, ruling that Reed failed to establish a causal link between her workers' compensation claim and her termination, despite the one-year statute of limitations not having run. However, the court reversed the dismissal of the breach of employment contract claim, concluding that the "FamPact" document constituted a binding employment agreement. The court also affirmed the dismissal of Reed's statutory claim under the Tennessee Workers’ Compensation Law, finding no private right of action for negligent case management. The case was remanded for further proceedings regarding the breach of contract claim.

Retaliatory DischargeBreach of Employment ContractWorkers' Compensation ClaimEmployment LawAt-Will EmploymentEmployee HandbookFamPactStatute of LimitationsCausation in EmploymentRelease of Liability
References
47
Case No. MISSING
Regular Panel Decision
May 10, 2000

Claim of Spurck v. Avis Rent-A-Car

Claimant, concurrently employed by Avis Rent-A-Car and First Call, suffered a work-related compensable injury during his employment with Avis in February 1995. The Workers’ Compensation Law Judge (WCLJ) established the case and determined claimant's average weekly wage based on wages from both concurrent employments. Avis sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 14 (6) for awards made when claimant’s wages at a subsequent employer (Autohaus South Volkswagen, Inc.) exceeded his Avis wages or pre-injury rate. Both the WCLJ and the Workers’ Compensation Board denied reimbursement, a determination that Avis and its carrier appealed. The Appellate Division affirmed the Board’s decision, concluding that Avis's liability was not greater under WCL § 14 (6) than it would have been under prior law, which is the relevant inquiry for Special Fund reimbursement.

Workers CompensationSpecial Disability FundConcurrent EmploymentAverage Weekly WageReimbursementEmployer LiabilityStatutory InterpretationAppellate ReviewReduced EarningsNew York Workers Compensation
References
5
Case No. MISSING
Regular Panel Decision

Booker v. Budget Rent-A-Car Systems

Plaintiff Anthony Booker, a black employee of Budget Rent-A-Car in Nashville, alleges race discrimination and racial harassment under Title VII and 42 U.S.C. § 1981, along with retaliation. He claims General Manager Guy Grundman subjected him to severe verbal abuse, racial slurs, and disproportionately harsh treatment, leading to a demotion in January 1993. Booker further alleges he was denied a promotion in April 1993 and retaliated against with a negative performance evaluation and denial of an Airport Manager position after filing an EEOC charge. The court granted in part and denied in part the defendants' motion for summary judgment. Booker's claims of racial harassment and discrimination regarding his demotion may proceed, but his failure to promote, retaliation, and wage discrimination claims were dismissed.

Racial HarassmentRace DiscriminationTitle VII42 U.S.C. § 1981Hostile Work EnvironmentSummary JudgmentDemotionEmployment LawSupervisor LiabilityDisparate Treatment
References
49
Case No. 2018-08-1394
Regular Panel Decision
Sep 25, 2019

Johnson, Frederick v. Enterprise Rent-A-Car

Frederick Johnson, a service technician, sustained injuries when a co-worker accidentally struck him with a van at Enterprise Rent-A-Car. Enterprise denied his claim, asserting his injuries resulted from horseplay and willful misconduct, which the employer prohibited. However, the Court found insufficient evidence to support the horseplay defense, concluding instead that the incident stemmed from a miscommunication and the co-worker's improper driving. The Court ruled that Mr. Johnson is likely to prevail on the merits, granting him medical and temporary total disability benefits. Enterprise was ordered to cover incurred medical expenses, provide a panel of physicians, and pay $885.95 in temporary total disability.

Workers' CompensationExpedited HearingHorseplay DefenseWillful MisconductMedical BenefitsTemporary DisabilityCredibility AssessmentMiscommunicationEmployee InjuryEmployer Liability
References
6
Case No. MISSING
Regular Panel Decision

Williams v. Colthurst

This case involves an appeal stemming from a landlord-tenant dispute between William and Yuko Colthurst (landlords) and Tim and Stephanie Williams (tenants). The landlords sued the tenants for unpaid rent and property damage after the tenants vacated their leased home early following a sexual assault on Mrs. Williams. The tenants counterclaimed for wrongful withholding of their security deposit and premises liability, alleging the landlords failed to provide proper security devices. The trial court ruled largely in favor of the landlords, granting partial summary judgment on unpaid rent, a directed verdict on premises liability, and jury findings on property damage and security deposit claims. The appellate court affirmed the trial court's judgment on all issues, including the award of attorney's fees to the landlords and sanctions against the tenants' counsel.

Landlord-TenantLease DisputeUnpaid RentProperty DamageSecurity DepositPremises LiabilitySexual AssaultSummary JudgmentDirected VerdictAttorney Fees
References
47
Case No. 11-06-00103-CV
Regular Panel Decision
Apr 03, 2008

Stephanie Williams A/K/A Stephanie Scholler and Tim Williams v. William Colthurst, Yuko Colthurst, WGW Properties, Inc. D/B/A Century 21 Advantage, Tom DeWitt, Century 21 Real Estate Corporation, and Felix Kauffman

This appeal stems from a landlord-tenant dispute. The landlords (Colthurst) initially sued the tenants (Williams) for unpaid rent and property damage. The tenants counterclaimed, alleging wrongful withholding of their security deposit and a premises liability claim after Mrs. Williams was sexually assaulted in the leased home. The trial court granted partial summary judgment to the landlords on the unpaid rent claim and a directed verdict on the premises liability claim, with the jury ruling in favor of the landlords on the remaining issues. On appeal, the tenants challenged multiple aspects of the trial court's judgment, including the summary judgment, the directed verdict, and the jury's findings regarding the security deposit and attorney's fees. The appellate court affirmed the trial court's judgment, finding no reversible error in the handling of the various claims and upholding sanctions against the tenants' counsel for an intrinsic fraud allegation.

Landlord-Tenant DisputeUnpaid RentProperty DamageSecurity DepositPremises LiabilitySexual AssaultDirected VerdictSummary JudgmentAttorney's FeesPrejudgment Interest
References
37
Case No. MISSING
Regular Panel Decision

Travelers Insurance Co. v. Medi-Rents, Inc.

The Travelers Insurance Company appealed a judgment awarding Medi-Rents, Inc. damages and attorney's fees in a dispute arising from the rental of a medical device for a workers' compensation claimant. Travelers initially paid rent but stopped, leading to a lawsuit. The jury found that the parties had agreed to convert the rental to a purchase agreement and that Travelers owed Medi-Rents $445.50, plus $3,000 in attorney's fees. Travelers challenged the plaintiff's claim, the award of attorney's fees, and their amount. The appellate court affirmed the judgment, finding the claim valid under contract law and the attorney's fees justified, as Travelers failed to make a timely and unconditional tender of the just amount owing.

Workers' CompensationRental AgreementPurchase AgreementAttorney's FeesContract DisputeAppealDamagesThird-Party BeneficiaryTexas LawStipulation
References
5
Case No. ADJ2341016 (RIV 0079129) ADJ1104225 (RIV 0079132)
Regular
Dec 17, 2010

MARCO FLORES vs. STARWOOD HOTELS AND RESORTS, ZURICH INSURANCE GROUP

This case involves a lien claimant, Grace Zausch, seeking reconsideration after her lien for unpaid rent was disallowed. The WCAB granted reconsideration, finding the WCJ erred in disallowing the lien. Although the claimant sought $13,434, the applicant admitted under oath owing $6,400 in back rent. The Board determined that this debt for rent constitutes compensable living expenses under Labor Code section 4903(c). Consequently, the prior order was rescinded, and the matter was returned to the trial level for further proceedings, with instructions to allow Ms. Zausch's lien for $6,400 against the defendant's disability indemnity.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderIndustrial injuryBackKneesPsychePermanent disabilityLabor Code section 4903(c)
References
2
Case No. MISSING
Regular Panel Decision

Koffman v. State

Claimant leased the first floor of a building to the State in Binghamton. The State's Department expanded to the second floor, with claimant undertaking renovations for which reimbursement was expected. After the original lease expired, negotiations for a new lease covering both floors failed, and the State refused to pay rent for the second floor space or for the renovations. The claimant, acting through representatives due to a legal disability, filed a claim against the State for unpaid rent and renovation costs. The Court of Claims found the claim timely but dismissed the causes of action related to the second-floor rent and renovations, citing State Finance Law § 112 (2). The appellate court affirmed this decision, holding that the State Finance Law barred recovery for contracts exceeding $5,000 without Comptroller approval, and principles of equitable estoppel against the State were not applicable.

Lease AgreementState ContractsEquitable EstoppelImplied ContractLegal DisabilityStatute of LimitationsCourt of Claims ActState Finance LawUnjust EnrichmentTenant at Will
References
7
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