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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

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. 03-03-00517-CV
Regular Panel Decision
Jun 10, 2005

Peter William Gonzalez v. Linda Tippit

This case concerns an appeal by Peter William Gonzalez challenging a trial court's award of $13,400 in past due child support to Linda Anne Tippit. Gonzalez contended that the trial court abused its discretion by denying his affirmative defense of voluntary relinquishment of the child by Tippit and his counterclaims/offsets for actual support provided during that time, including private school tuition. The appellate court affirmed the trial court's judgment, holding that obligors asserting this affirmative defense must prove both voluntary relinquishment and actual support. The court found that Gonzalez failed to prove he provided actual support, as the trial court, being the sole judge of credibility, believed Tippit's testimony over Gonzalez's regarding the tuition payment. Therefore, the trial court did not abuse its discretion in denying Gonzalez's affirmative defense and related counterclaims.

Child Support EnforcementAffirmative DefenseVoluntary RelinquishmentActual SupportParental RightsFamily LawAppellate ReviewAbuse of DiscretionStatutory InterpretationBurden of Proof
References
28
Case No. MISSING
Regular Panel Decision

Claim of Ickes v. Sayville Animal Hospital

Claimant, a veterinary technician, suffered a work-related injury and received workers' compensation benefits. The carrier sought to suspend payments due to the claimant's failure to provide a work status affidavit. At a hearing, the carrier introduced the issue of voluntary withdrawal from the labor market without prior notice to the claimant, which the WCLJ promptly dismissed. Despite the WCLJ's ruling, the Workers' Compensation Board later modified the decision, finding voluntary withdrawal and rescinding benefits. On appeal, the court reversed the Board's rescission of benefits, ruling that the claimant was denied due process as she had no notice or opportunity to address the voluntary withdrawal issue. The case was remitted to the Board for further proceedings consistent with the court's decision.

Workers' CompensationLabor Market WithdrawalDue ProcessNotice of IssueAppellate ReviewRemandBenefit SuspensionAdministrative LawWorkers' Compensation BoardJudicial Modification
References
4
Case No. 02-15-00176-CV
Regular Panel Decision
Nov 19, 2015

in the Interest of A.P., a Child

This is an appeal from a trial court's order terminating the parental rights of Mother and Father to their child, Timmy (A.P.). Mother and Father challenged the termination, arguing issues of involuntary relinquishment, ineffective assistance of counsel, and that termination was not in the child's best interest. The Department of Family and Protective Services presented evidence of parental drug use, criminal history, mental health issues, and an unstable home environment, leading to the child's removal multiple times. Both parents eventually signed affidavits of voluntary relinquishment of parental rights, which they later attempted to revoke, claiming duress or ineffective assistance. The Court of Appeals affirmed the trial court's decision, finding no abuse of discretion in denying new trials and that the signed relinquishment affidavits were sufficient to support the best interest finding for the child.

Parental Rights TerminationChild CustodyAffidavit of RelinquishmentIneffective Assistance of CounselDuressChild Best InterestDrug UseCriminal HistoryMental HealthAppellate Review
References
31
Case No. MISSING
Regular Panel Decision

United States v. Greater Blouse, Skirt & Neck-Wear Contractors Ass'n

The defendant, Slate Belt, moved to vacate a notice of voluntary dismissal filed by the plaintiff, the Government, under Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure. Slate Belt argued the dismissal was not at an 'early stage' and would cause prejudice, despite never having filed an answer. The court found that no joinder of issue occurred, and the merits of the controversy were never presented or passed upon by the court. Extended private negotiations between the parties regarding a proposed decree were not considered the equivalent of an answer or court action on the merits, nor did incurred legal fees constitute sufficient prejudice. Consequently, the court held that the plaintiff was within its rights to file the voluntary dismissal, and the defendant's motion to vacate was denied.

Voluntary dismissalRule 41(a)(1)(i)Federal Rules of Civil ProcedureSherman ActJoinder of issuePrejudiceMeritsNegotiationsDistrict CourtMotion practice
References
2
Case No. MISSING
Regular Panel Decision

Claim of Clohesy v. Consolidated Edison Co.

Claimant, a utility company employee, filed three workers’ compensation claims between 1979 and 1997 for back/neck injuries and asbestosis. He resigned in December 1999, which the employer contended was a voluntary withdrawal from the labor market. A Workers’ Compensation Law Judge disagreed, but the Workers’ Compensation Board reversed, finding the retirement voluntary. Claimant appealed this Board decision. The Appellate Division found the Board’s decision was not supported by substantial evidence, noting the claimant had legitimate medical ailments interfering with his duties, and the Board unduly emphasized the lack of explicit medical advice to retire. The court reversed the Board's decision and remitted the matter for further proceedings.

Voluntary withdrawal from labor marketWorkers' Compensation benefitsPermanent partial disabilityAsbestosis diagnosisMotor vehicle accident claimsMedical evidenceSubstantial evidence reviewAppellate reviewRemittalDisability contributing to retirement
References
7
Case No. MISSING
Regular Panel Decision

In re D. Children

The Monroe County Department of Social Services sought Family Court approval for the voluntary transfer of custody of five children from the D. family. Following approval, the Family Court appointed Sally Moore as a guardian ad litem and later ordered the Department of Social Services to cooperate with her. The Director of the Department of Social Services appealed these orders, contending that the Family Court lacked jurisdiction after approving the initial voluntary transfer instrument. The appellate court agreed, ruling that the Family Court's jurisdiction under Social Services Law § 358-a terminated upon approval, and therefore, it lacked authority to appoint a guardian ad litem or compel cooperation with the CASA volunteer without a pending proceeding. The court reversed and vacated the Family Court's orders, emphasizing that any extension of judicial oversight in foster care matters must be legislatively granted.

Family LawChild CustodyVoluntary PlacementSocial Services LawFamily Court JurisdictionGuardian ad LitemCASAAppellate ReviewStatutory InterpretationFoster Care
References
6
Case No. MISSING
Regular Panel Decision

Claim of Scarpelli v. Bevco Trucking Corp.

Claimant, aged 62, sustained a work-related back injury in February 1999, prompting his retirement the following day and the commencement of social security retirement benefits. Although he had planned to work part-time until age 65, he did not seek any employment post-injury. The Workers’ Compensation Board reversed a WCLJ decision, ruling that the claimant's failure to seek alternative work constituted a voluntary withdrawal from the labor market, despite being deemed permanently partially disabled. The employer and carrier's contention regarding the untimeliness of the appeal was rejected. Ultimately, the Appellate Division affirmed the Board's finding, concluding that substantial evidence supported the determination of voluntary withdrawal.

Voluntary withdrawalLabor marketPermanent partial disabilityWorkers' CompensationAppeal timelinessMedical evidenceConflicting evidenceSocial security benefitsRetirementBack injury
References
8
Case No. MISSING
Regular Panel Decision
May 06, 2002

Claim of De Simone v. Consolidated Edison Co. of New York, Inc.

A claimant, after a 33-year career with the employer involving asbestos exposure, was diagnosed with a severe, permanent asbestos-related pulmonary and pleural disease by July 2000. He retired in May 2001 at age 55, informing his employer that his disability prevented him from continuing work. The employer challenged his eligibility for post-retirement benefits, asserting a voluntary withdrawal from the labor market. However, a Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board found a causal link between his disability and retirement, awarding him benefits. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the claimant's retirement was not a voluntary withdrawal from the labor market.

Asbestos ExposureOccupational DiseasePulmonary AsbestosPleural DiseaseRetirement BenefitsVoluntary WithdrawalLabor MarketSubstantial EvidenceCausationDisability
References
4
Case No. No. 2-01-261-CV
Regular Panel Decision

In the Interest of D.R.L.M.

The trial court terminated the parental rights of D.R.L.M.'s biological parents. D.R.L.M.'s half-sister, A.C., had been adopted by the Smiths, and D.R.L.M. was placed with her foster family, the Martins. D.R.L.M.'s biological parents signed affidavits relinquishing their rights and designating the Smiths as managing conservators. However, the trial court ordered the Martins appointed managing conservators and adoptive parents. Kristi, D.R.L.M.'s biological mother, and the Smiths appealed. Kristi challenged the legal and factual sufficiency of the evidence for termination based on criminal conduct and the voluntariness of her relinquishment affidavit. The Smiths argued the trial court erred by not placing D.R.L.M. with her half-sister, A.C. The appellate court sustained Kristi's first issue regarding the insufficiency of evidence for termination under section 161.001(1)(Q) and modified the judgment accordingly. However, it overruled Kristi's other issues, finding her affidavit voluntarily executed and that the trial court was not bound by her designation of conservators. The court also overruled the Smiths' issues, holding that section 162.302(e) does not require a heightened standard of proof for placing half-sisters who have never lived together in separate adoptive homes and that the trial court did not abuse its discretion in its best interest determination. The appellate court modified the trial court’s judgment and affirmed it as modified.

Parental Rights TerminationAdoption ProceedingsBest Interest of the ChildSibling PlacementVoluntary Relinquishment AffidavitLegal Sufficiency of EvidenceFactual Sufficiency of EvidenceAbuse of Discretion StandardFamily LawTexas Family Code
References
53
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