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

Case No. W2012-00191-COA-R3-CV
Regular Panel Decision
Nov 14, 2012

Tikita Jones v. Shelby County Government Civil Service Merit Board & Shelby County Division of Health Services

Tikita Jones, a municipal employee, was terminated from her position with the Shelby County Division of Health Services for unauthorized access to her adult daughter's medical records. The termination was upheld by the Shelby County Civil Service Merit Board and subsequently affirmed by the Chancery Court. Jones appealed, claiming violations of due process rights and a lack of substantial evidence to support the decision. The Court of Appeals of Tennessee affirmed the lower court's ruling, finding that Jones received adequate notice of the charges and that substantial and material evidence supported the Board's conclusion that her actions constituted an impermissible access of patient information, beyond her job duties. The court specifically noted that accessing sensitive lab reports was outside her clerical specialist role and her testimony regarding authorization was inconsistent with her daughter's.

Employment terminationConfidentialityHIPAA violationMedical records accessDue processAdministrative lawJudicial reviewClerical specialistEmployee misconductPublic sector employment
References
26
Case No. 2020 NY Slip Op 05642 [187 AD3d 1651]
Regular Panel Decision
Oct 09, 2020

Matter of Roesch v. State of New York

Petitioner Joseph Roesch, a resident at Central New York Psychiatric Center, commenced a CPLR article 78 proceeding seeking assignment of counsel and poor person status. The Supreme Court, Oneida County, denied his application and dismissed the petition sua sponte. The Appellate Division, Fourth Department, affirmed the judgment, concluding that the petition was wholly without merit as it sought only counsel without a proper cause of action or linkage to the respondent. The court also found no abuse of discretion in denying poor person status, as the CPLR article 78 petition lacked arguable merit.

CPLR Article 78Poor Person StatusAssignment of CounselSua Sponte DismissalAppellate ReviewPsychiatric Center ResidentAbuse of DiscretionArguable MeritFinal JudgmentAppellate Division Fourth Department
References
11
Case No. MISSING
Regular Panel Decision
Oct 22, 1980

Hilowitz v. Hilowitz

In a negligence action for personal injuries, the plaintiff appealed an order from the Supreme Court, Queens County, dated October 22, 1980. The order, issued by Justice Hyman, had denied the plaintiff's motion to dismiss the defense of collateral estoppel. The appellate court affirmed the order, holding that an arbitration award, even without judicial confirmation, can serve as a basis for res judicata and collateral estoppel if there was a final determination on the merits. The court referenced Kilduff v Donna Oil Corp. and distinguished Hana Heating & Air Conditioning Co. v Sheet Metal Workers Int. Assn. All other contentions raised by the plaintiff were deemed to be without merit.

NegligencePersonal InjuryAppealCollateral EstoppelRes JudicataArbitration AwardJudicial ConfirmationFinal DeterminationAppellate DecisionSupreme Court Order
References
4
Case No. MISSING
Regular Panel Decision

Thielmann v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

This case involves motions to dismiss an amended class action complaint filed by former employees (Plaintiffs) against James W. Giddens, as SIPA Trustee for MF Global Inc., and Louis J. Freeh, as Chapter 11 Trustee for MF Global Holdings Ltd., MF Global Finance USA, Inc., and MF Global Holdings USA, Inc. The Plaintiffs allege violations of the federal WARN Act and the New York WARN Act due to employment termination without sufficient notice. The Court granted the SIPA Trustee's motion to dismiss with prejudice, finding the "liquidating fiduciary" principle applicable to MFGI as its statutory purpose was liquidation. However, the Chapter 11 Trustee's motion to dismiss was granted without prejudice and with leave to amend, as the factual record did not conclusively establish that the Chapter 11 Debtors were solely liquidating at the time of layoffs, and the complaint was otherwise deficient. Claims for vacation pay and unpaid wages were dismissed without prejudice to be handled in the claims allowance process.

WARN ActNew York WARN ActClass ActionMass LayoffsPlant ClosingsBankruptcy ProceedingsCorporate LiquidationChapter 11 ReorganizationSIPA TrusteeLiquidating Fiduciary Principle
References
26
Case No. MISSING
Regular Panel Decision

Claim of Mejia v. Camabo Industries, Inc.

This case details an appeal from a Workers' Compensation Board decision. The claimant, injured as a bridge painter, requested a change of venue for his workers' compensation hearings to White Plains, Westchester County, for convenience. This request was denied by a Workers' Compensation Law Judge based on a general policy that hearings should be scheduled in the claimant's district of residence, as the claimant lived in Bronx County and worked in Nassau County. The Workers' Compensation Board affirmed the denial and further assessed $500 in costs against the claimant's counsel for continuing the matter without reasonable grounds. The appellate court affirmed the Board's decision, concluding that the challenge to the Board's policy was not preserved for review and was, in any event, without merit. The court also upheld the denial of the venue request and the imposition of costs on counsel, finding substantial evidence that the request was made without a reasonable basis under Workers’ Compensation Law § 114-a (3) (ii).

Venue ChangeWorkers' CompensationAppellate ReviewCosts AssessmentCounsel PenaltyBoard DecisionJudicial ReviewPolicy ChallengePreservation of ErrorSubstantial Evidence
References
3
Case No. MISSING
Regular Panel Decision
Aug 10, 2006

Wagner v. Merit Distribution

The plaintiff, Charles Wagner, an African-American, sued Merit Distribution, Inc., James Austin, Sr., James Austin, Jr., and Austin Truck & Trailer Repair Center, LLC under 42 U.S.C. § 1981, alleging race discrimination, a racially hostile work environment, and retaliatory termination. Wagner also brought a state law claim for intentional infliction of emotional distress. The defendants filed motions for summary judgment, arguing against individual liability, the applicability of § 1981 to retaliation claims, and the merits of Wagner's discrimination claims. The court denied the defendants' motions for summary judgment on the race discrimination, hostile work environment, and intentional infliction of emotional distress claims, as well as the retaliation claim based on internal complaints, finding sufficient issues of material fact. However, the motion for summary judgment was granted for the retaliation claim specifically based on the filing of an EEOC charge, as the defendants had no knowledge of it at the time of termination.

Racial DiscriminationHostile Work EnvironmentRetaliationSummary Judgment42 U.S.C. § 1981Title VIIAt-will EmploymentEmployer LiabilityIndividual LiabilityPretext
References
69
Case No. 2020-03-0244
Regular Panel Decision
Sep 21, 2020

Johnson, Robert E. v. G.UB.MK Constructors, Inc.

Robert E. Johnson, an employee, filed a claim against G.UB.MK Constructors, Inc., his employer, for alleged occupational exposure illnesses and/or injuries sustained as a commercial truck driver on the Kingston Fly Ash Recovery Project between 2012 and 2014. After telephonic mediation, the parties agreed to a dismissal without prejudice. The employee has a third-party tort suit pending for the same claims and is currently working full-time without restrictions. The Court approved the dismissal, allowing the employee to refile the workers' compensation claim in the future if he becomes incapacitated and provides medical proof that the incapacity is over 50% related to his work, pursuant to T.C.A § 50-6-102(14) and T.C.A. § 50-6-303(a). The filing fee was taxed to G.UB.MK.

Workers' Compensation ClaimsOccupational IllnessesDismissal Without PrejudiceTelephonic MediationTrucking IndustryDisputed CompensabilityThird-Party LitigationDOT Medical CertificateStatutory InterpretationAgreed Order
References
3
Case No. 2020-03-0243
Regular Panel Decision
Sep 24, 2020

Watkins, Michael v. G.UB.MK Constructors, Inc.

Michael Watkins, an employee, and G.UB.MK Constructors, Inc., the employer, reached an agreement to dismiss the employee's workers' compensation claim without prejudice. The claim involved alleged occupational exposure illnesses and injuries from Watkins' work as a commercial truck driver between 2011 and 2019. The parties disputed the compensability of these occupational exposures and illnesses. However, they stipulated that Watkins has a pending third-party tort suit related to these claims and is currently working full-time without restrictions. The dismissal allows Watkins to refile his claim in the future if he becomes incapacitated due to an occupational illness proven to be more than 50% related to his work for the employer. The Court taxed a filing fee of $150.00 to G.UB.MK, to be paid within five business days, and mandated the submission of an SD-2 form.

occupational illnessworkers' compensationdismissalwithout prejudicetruck drivervocationalthird-party claimT.C.A.stipulatedcompensability
References
0
Case No. 2020-03-0245
Regular Panel Decision
Sep 21, 2020

Adkisson, Greg v. G.UB.MK Constructors, Inc.

This document is an Agreed Compensation Order of Dismissal Without Prejudice, concerning the case of Greg Adkisson (Employee) against G.UB.MK Constructors, Inc. (Employer). The parties reached this agreement during a telephonic mediation with Specialist Nina Harris on September 17, 2020. The Employee's claims for alleged occupational exposure illnesses and/or injuries, stemming from his work as a heavy equipment operator, are dismissed without prejudice. This allows him to re-file his workers' compensation claim in the future if he becomes partially or totally incapacitated due to an occupational illness, provided it is medically proven to be more than 50% related to his employment, as per T.C.A § 50-6-102(14) and T.C.A. § 50-6-303(a). The Court ordered G.UB.MK to pay a $150.00 filing fee and submit an SD-1 form.

Occupational IllnessHeavy EquipmentSettlement AgreementDismissalTelephonic MediationThird-Party ClaimFuture ClaimsWorkers' CompensationTennessee Law
References
0
Case No. PD-1358-15, PD-1359-15, PD-1360-15, PD-1361-15
Regular Panel Decision
May 23, 2016

Baumgart, Eric L.

The State of Texas filed a reply brief in the Court of Criminal Appeals, addressing whether the court of appeals erred in applying Penal Code § 2.02. The underlying case involves Eric L. Baumgart, convicted of violating the Private Security Act by acting as a security guard without a license. The State argues the court of appeals correctly held that exceptions not in the same statute as the offense, and where a prima facie case can be made without negating the exception, need not be pleaded or disproven by the State. It asserts this aligns with established common law and statutory interpretation, and that requiring the State to negate over 40 exceptions would lead to absurd results. The State respectfully requests the court of appeals' judgment be affirmed.

Criminal LawStatutory InterpretationExceptionsPrivate Security ActTexas Occupations CodeTexas Penal CodeLicensing RequirementsPeace OfficerPleading RequirementsBurden of Proof
References
27
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