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

Case No. 2023 NY Slip Op 02365 [215 AD3d 140]
Regular Panel Decision
May 04, 2023

Matter of Oceanview Home for Adults, Inc. v. Zucker

The case involves an appeal by Howard Zucker, Commissioner of Health, challenging a Supreme Court judgment that invalidated state regulations imposing an admissions cap on individuals with serious mental illness in transitional adult homes. Oceanview Home for Adults, Inc. argued that these regulations violated the Fair Housing Act (FHA). The Appellate Division, Third Department, reversed the lower court's decision, asserting that the regulations, although facially discriminatory, were designed to benefit the protected class by implementing the integration mandate of the Americans with Disabilities Act (ADA) as interpreted in Olmstead v L.C. The court concluded that the regulations were narrowly tailored to achieve the beneficial purpose of promoting community-based integration for individuals with serious mental illness.

Fair Housing Act (FHA)Americans with Disabilities Act (ADA)Olmstead v L.C.Integration MandateMental IllnessAdult HomesTransitional Adult HomesAdmissions CapState RegulationsAppellate Review
References
40
Case No. 01-15-00774-CV
Regular Panel Decision
Aug 27, 2014

in Re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

This case is an original proceeding arising from a Petition for Writ of Mandamus concerning a trial court's order. The underlying litigation involves personal injury and wrongful death claims following a fire at a residential group home for mentally incapacitated adults. Key issues include the applicability of Chapter 74 of the Texas Civil Practice & Remedies Code (Medical Liability Act) to the defendants, which could impose damage caps, and the factual sufficiency of the jury's finding regarding the negligence of the resident who started the fire. The appellate court affirmed the trial court's order.

Texas Court of AppealsMandamus ProceedingPersonal InjuryWrongful DeathPremises LiabilityGroup Home NegligenceFire AccidentMentally Disabled AdultsChapter 74 Medical Liability ActDamage Caps
References
32
Case No. 01-19-00346-CV
Regular Panel Decision
May 20, 2021

Four J's Community Living Center, Inc. and Anthonia Uduma v. Patti J. Wagner, as Guardian of Jenny Ann Wagner, an Incapacitated Adult

The appellants, Four J's Community Living Center, Inc. and Anthonia Uduma, challenged a trial court's judgment in favor of Patti J. Wagner, as guardian of Jenny Ann Wagner. Jenny, an incapacitated adult, sustained severe burns and smoke inhalation in a fire at a residential care facility operated by Four J's and owned by Uduma. The jury found Four J's and Uduma negligent, awarding significant non-economic damages for past and future pain and disfigurement. The Court of Appeals affirmed the judgment, finding legally sufficient evidence of Uduma's negligence as the premises owner and factually sufficient evidence for the damages awarded. The court also rejected the application of a health care liability damages cap, stating that Four J's did not conclusively prove its status as a licensed health care provider.

NegligencePersonal InjuryResidential Care FacilityFire SafetyDamagesLegal SufficiencyFactual SufficiencyPremises LiabilityHealth Care Liability ClaimTexas Medical Liability Act
References
33
Case No. 05-20-00579-CV
Regular Panel Decision
May 19, 2021

Dallas County Sheriff Marian Brown, in Her Official Capacity v. David Daniels, Jodie Campbell, and Kellie McCullar, on Behalf of Themselves and a Class of Medically-Vulnerable Persons

This case involves an accelerated, interlocutory appeal by Dallas County Sheriff Marian Brown challenging a trial court's denial of her plea in abatement. Appellees, a class of medically vulnerable persons detained in the Dallas County Jail, sued Sheriff Brown for injunctive relief regarding conditions during the COVID-19 pandemic, alleging violations of the Texas Constitution, public health nuisance, negligence, and gross negligence. The Sheriff claimed governmental immunity. The Court of Appeals reviewed the claims, specifically addressing the viability of constitutional and ultra vires claims, and the applicability of the Texas Tort Claims Act. The court concluded that appellees failed to plead viable constitutional claims, that the Sheriff's actions were not ultra vires, and that the TTCA does not waive immunity for injunctive relief. The trial court's order was reversed, and the appellees' claims were dismissed for lack of subject matter jurisdiction.

Governmental ImmunitySubject Matter JurisdictionPlea to the JurisdictionUltra ViresTexas ConstitutionDue Process ClauseCruel and Unusual PunishmentDeliberate IndifferenceTexas Tort Claims ActInjunctive Relief
References
70
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
Case No. MISSING
Regular Panel Decision

United States v. Juvenile Male

The United States Government moved to transfer a juvenile male defendant, charged with four brutal, premeditated murders connected to the MS-13 street gang, to adult status for prosecution. Judge Joseph F. Bianco of the Eastern District of New York evaluated six statutory factors, including the defendant's age (nearly 18 at the time of the offense and 19 at the hearing), his supportive social background despite gang affiliation, and a lack of prior delinquency record. While some factors weighed against transfer, the severe nature of the alleged crimes and the low likelihood of rehabilitation within the juvenile justice system were found to overwhelmingly favor adult prosecution. The Court ultimately granted the government's motion, emphasizing public protection over the juvenile's rehabilitation potential given the gravity of the offenses.

juvenile justiceadult prosecutionMS-13gang violencemurderracketeeringtransfer motionrehabilitation potentialjudicial discretionstatutory factors
References
35
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court's judgment that reversed its determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The central legal question involved whether a 1993 Massachusetts conviction for "indecent assault and battery" was "substantially similar" to a reportable Texas sex offense. DPS contended the trial court erred by excluding a police report detailing the victim's allegations and in its "substantial similarity" finding. The appellate court affirmed the district court's judgment, concluding that the elements of the Massachusetts statute were not substantially similar to those of Texas sexual assault, indecency with a child, or related attempted offenses. Therefore, the anonymous resident was not required to register as a sex offender in Texas under SORA, rendering the evidentiary exclusion issue moot.

Sex Offender RegistrationSORASubstantial Similarity TestMassachusetts LawTexas LawCriminal ProcedureSexual AssaultIndecent Assault and BatteryAppellate ReviewStatutory Interpretation
References
19
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court judgment that reversed DPS's determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The appellee had been convicted in Massachusetts in 1993 for "indecent assault and battery on a person over fourteen years of age." DPS contended that the elements of the Massachusetts offense were "substantially similar" to Texas's sexual assault or indecency with a child, thus mandating registration. The appellate court affirmed the district court's decision, concluding that the elements of the Massachusetts crime are not "substantially similar" to the Texas offenses, citing significant differences in the nature of sexual conduct, protected interests, seriousness, and potential punishments. The court also addressed the exclusion of a police report by the trial court.

Sex Offender Registration Act (SORA)Substantially Similar ElementsMassachusetts LawTexas Penal CodeSexual AssaultIndecent Assault and BatteryCriminal AttemptStatutory InterpretationAppellate ReviewTrial Court Judgment
References
20
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Shady Lawn Home for Adults

Claimant, a licensed practical nurse, sustained a herniated disc on May 6, 1974, while working at Shady Lawn Home for Adults. She reported the injury and filed a claim for compensation. The referee found a compensable injury and employer notice, which the Workers’ Compensation Board affirmed, also upholding the right to make continuing awards. Appellants challenged the medical evidence and the Board's jurisdiction on appeal. The Appellate Division affirmed the Board’s decisions, finding substantial evidence for causal relation and confirming the Board's authority to grant awards, while deeming the notice issue unpreserved for review.

Workers' CompensationHerniated DiscCausal RelationshipNotice of InjuryAppellate ReviewSufficiency of EvidenceContinuing AwardsBoard JurisdictionEmployer LiabilityMedical Testimony
References
7
Case No. MISSING
Regular Panel Decision
Jan 03, 2002

Edwards v. Mercy Home for Children & Adults, Inc.

A nurse sustained personal injuries after being attacked by a patient, Kelvin Davis, a resident of Mercy Home for Children and Adults, Inc., while attempting a medical procedure at St. Joseph’s Hospital. Davis, diagnosed with profound retardation and aggression, was at the hospital for treatment of violent outbursts. Mercy Home and Davis moved for summary judgment, arguing a lack of duty of care. The Supreme Court denied their motion. On appeal, the order was modified: summary judgment was granted to Mercy Home, dismissing claims against it, as no special relationship imposing a duty of care to the plaintiff was found. However, Davis's motion for summary judgment was denied due to insufficient evidence presented on his behalf.

Personal InjuryNegligenceSummary JudgmentDuty of CareSpecial RelationshipMentally-Retarded PatientHospital LiabilityEmployer LiabilityThird-Party ConductAppellate Decision
References
7
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