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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Selective Insurance Company of America v. State of New York Workers' Compensation Board

Petitioners, a group of insurance carriers, challenged the Workers’ Compensation Board’s refusal to issue them a credit or refund for assessments paid in excess of surcharges collected from their policyholders between 2001 and 2009. This discrepancy arose due to different methodologies used to calculate assessments (by the Board based on "total written premiums") and surcharges (by carriers based on "standard premiums"), resulting in some carriers collecting more in surcharges (windfall carriers) and others paying more in assessments (shortfall carriers), like the petitioners. In 2009, the Legislature amended the Workers’ Compensation Law to align the assessment methodology with "standard premiums" and authorized the Board to collect excess funds from windfall carriers. The amendment also allowed the Board to issue credits or refunds for "overpayments made to the fund." Petitioners interpreted this as applicable to shortfall carriers, but the Board denied their request, contending "overpayments" referred only to those made by windfall carriers. The court affirmed the Board's determination, finding its interpretation rational and consistent with the legislative intent, which was focused on deficit reduction and did not provide for relief to shortfall carriers.

Workers' Compensation LawInsurance CarriersAssessments and SurchargesStatutory InterpretationCredit/RefundOverpaymentsShortfall CarriersWindfall CarriersAdministrative LawCPLR Article 78
References
17
Case No. 2021-08-0425
Regular Panel Decision
Jul 28, 2022

Cole, Mason v. R & L Carriers

Employee Mason Cole sought medical and temporary disability benefits for a low-back injury sustained when his forklift ran off the dock. The employer, R&L Carriers, contested benefits, citing Mr. Cole's alleged noncompliance with treatment and lack of medical proof of causation, noting his termination for violating company attendance policy. The Court found Mr. Cole likely to prevail on his claim for medical benefits, concluding that past noncompliance was not clearly established and an MRI ordered by the authorized physician was never authorized by R&L. However, the Court denied temporary disability benefits at this time, as Mr. Cole was never taken completely off work by a physician and provided no medical proof of continued restrictions after his employment termination.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityLow Back InjuryForklift AccidentNoncomplianceCausationDegenerative Disc DiseaseMRI
References
5
Case No. MISSING
Regular Panel Decision

Verson Allsteel Press Co. v. Carrier Corp. & Carrier Air Conditioning

Verson Allsteel Press Company appealed a summary judgment granted in favor of Carrier Corporation and Carrier Air Conditioning Company. The case involves an employee, Steven Paul Gandy, who was injured operating a press brake manufactured by Verson. Gandy received worker's compensation and subsequently sued Verson, securing a judgment. Verson then sought indemnification from Carrier based on terms in the press brake's production order. Carrier argued the indemnification was barred by Texas Civil Statutes due to a lack of an express written agreement. The appellate court found that the indemnity clauses did constitute an express written agreement, thus reversing the summary judgment and remanding the case for trial on the merits.

IndemnificationWorkers' CompensationSummary JudgmentContract LawProduct LiabilityTexas Civil StatutesExpress AgreementReversed and RemandedPress Brake InjuryThird-Party Claim
References
14
Case No. MISSING
Regular Panel Decision
Apr 02, 1985

Landi v. Carrier Corp.

The claimant, a 61-year-old brake press operator, suffered an acute back strain and aggravation of degenerative disc disease, leading to total disability for a period in 1982. He subsequently retired in February 1983, asserting his inability to perform even a light-duty inspector's job offered by his employer due to his ongoing partial disability. Initially, an Administrative Law Judge ruled that the claimant had voluntarily withdrawn from the labor market. However, the Workers’ Compensation Board reversed this decision, finding that the claimant's retirement was directly attributable to his continuing permanent partial disability, a finding supported by his doctor's reports and his own testimony. The employer and its carrier appealed the Board's decision, but the appellate court affirmed the Board's finding, concluding that it was supported by substantial evidence in the record.

Back StrainDegenerative Disc DiseaseTotal DisabilityPartial DisabilityVoluntary WithdrawalLabor MarketWorkers' Compensation BoardMedical EvidenceSubstantial EvidenceOrthopedist
References
3
Case No. Claim No. 8, Claim No. 14
Regular Panel Decision

In re Pioneer Carriers, LLC

This case concerns objections filed by Pioneer Carriers, LLC (the Debtor) against two proofs of claim by the Texas Workforce Commission (TWC) for alleged unpaid unemployment taxes under the Texas Unemployment Compensation Act. The central issue revolved around determining whether truck drivers operating the Debtor's trucks were employees or independent contractors. Applying the TWC's 20-factor test, the Court found that a substantial majority (14 out of 19 applicable factors) indicated independent contractor status. Consequently, the Court sustained the Debtor's objections, ruling that the truck drivers were independent contractors and thus disallowing the TWC's claims in their entirety. However, the Court noted that a portion of the 2014 claims related to initially hired employees would be subject to further determination.

Independent ContractorEmployee StatusUnemployment CompensationTexas Workforce Commission (TWC)Bankruptcy LawTexas Labor Code20-Factor TestControl TestDebtorClaims Objection
References
45
Case No. 13-04-00550-CV
Regular Panel Decision
Feb 11, 2005

in Re: Mission Petroleum Carriers, Inc.

Linda Garcia, a truck driver for Mission Petroleum Carriers, Inc., was injured in a vehicular accident and subsequently terminated. Mission deemed the accident 'major preventable' and terminated Garcia under company policy. Garcia sued Mission, alleging wrongful termination in retaliation for filing a workers’ compensation claim. Mission moved to compel arbitration based on an agreement within its employee health and safety plan, which the trial court denied. Mission then filed a petition for writ of mandamus. The Court of Appeals reviewed the petition, concluded the trial court erred in denying the motion to compel arbitration, and conditionally granted the writ of mandamus, directing the trial court to withdraw its order.

Arbitration AgreementWrit of MandamusWrongful TerminationWorkers' Compensation ClaimFederal Arbitration ActEmployment LawInterstate CommerceTruck DriverMotion to Compel ArbitrationAppellate Review
References
17
Case No. MISSING
Regular Panel Decision
Aug 14, 1986

Rowland v. Carriers Insurance Co.

The plaintiff, James A. Rowland, sought workers' compensation benefits after suffering a back injury while working for Producers Transport Company. The defendants, Carriers Insurance Company and Producers Transport Company, argued that Rowland was barred from recovery due to material misrepresentations about his extensive back problems on his employment application. The trial court found that Rowland knowingly made false representations, that the employer relied on these representations as a substantial factor in hiring him, and that a causal connection existed between the misrepresentations and his injury. The Supreme Court of Tennessee affirmed the trial court's decision, stating that material evidence supported the finding that all three factors required to bar recovery were met.

Workers' CompensationMisrepresentationEmployment ApplicationBack InjuryPre-existing ConditionCausal ConnectionAffirmative DefenseEmployer RelianceMedical HistoryDisability Benefits
References
4
Case No. MISSING
Regular Panel Decision

Mission Petroleum Carriers, Inc. v. Solomon

Roy Solomon sued his former employer, Mission Petroleum Carriers, Inc., alleging negligence in the collection of his urine specimen during a mandatory drug test, which resulted in a false positive for marijuana. This false result led to his termination and inability to secure subsequent employment as a truck driver. A jury found Mission negligent and awarded Solomon damages for medical care, lost earning capacity, mental anguish, and exemplary damages for malice. On appeal, Mission challenged several aspects, including the existence of a duty, proximate cause, and the recoverability of damages. The court affirmed the trial court's judgment, concluding that Mission owed its employees a duty of reasonable care in drug test specimen collection and that there was sufficient evidence to support the jury's findings of negligence, causation, and malice.

NegligenceDrug ScreeningFalse PositiveEmployment LawDamagesMental AnguishExemplary DamagesDepartment of TransportationSpecimen CollectionEmployer Duty
References
16
Case No. 2015-08-0292
Regular Panel Decision
May 09, 2016

Sirkin, Shawn v. Trans Carriers, Inc., et al.

Shawn Sirkin, a truck driver, sustained a shoulder injury while exiting her employer's truck after checking the on-board computer system for work assignments. The employer, Trans Carriers, Inc., denied the claim and terminated Sirkin for failing to report for work. The trial court initially found the injury compensable and ordered medical benefits in the form of a panel of physicians but denied temporary disability and past medical expenses. Upon appeal, the Workers’ Compensation Appeals Board affirmed the order for a panel of physicians but vacated the trial court's finding regarding compensability as premature, citing a lack of medical proof of causation. The case was then remanded for further proceedings.

Workers' CompensationShoulder InjuryTruck DriverMedical BenefitsCompensabilityExpedited HearingTemporary DisabilityPast Medical ExpensesInterlocutory AppealAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Claim of Nebenhaus v. Lydmark Corp.

The claimant, a butcher and president of Lydmark Corporation, allegedly suffered heart attacks and failed to file a timely notice of claim. The Workers’ Compensation Board excused this delay, citing prompt medical attention and no prejudice to the carrier. However, the employer and its carrier appealed. The court found that the carrier did not receive notice within the statutory 30 days, and the Board's finding of no prejudice was unsupported. The claimant had previously indicated no intent to file a compensation claim on disability forms, and the employer corporation disbanded, hindering the carrier's investigation. Consequently, the court reversed the Board's decision, with costs to the carrier against the Workers’ Compensation Board, and remitted the matter for further proceedings on the issue of prejudice.

Workers' Compensation LawNotice of ClaimTimely NoticePrejudice to CarrierHeart AttackEmployer's Report of InjuryEmployee's Claim FormDisability BenefitsCorporate OfficerAppellate Review
References
4
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