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

Case No. 2016-06-0104, 2016-06-0105 (Docket No.); 2435-2016, 6196-2016 (State File No.)
Regular Panel Decision
Jul 15, 2016

Smiley, Shane v. Four Seasons Coach Leasing, Inc., et al.

The claimant, Shane Smiley, a commercial driver, alleged injury while operating a touring coach during a concert tour, attributing pain in his shoulder, left hip, and lower back to a defective seat and rough road conditions. Two potential employers, Four Seasons Coach Leasing, Inc. (coach owner) and Live Soul Touring (tour management company), denied liability. Four Seasons argued Smiley was not an employee or, if injured, Live Soul was the responsible employer under the loaned servant doctrine. Live Soul contended Smiley was an independent contractor and not a loaned servant. Following an expedited hearing, the trial court found Four Seasons to be the employer and ordered medical benefits but denied temporary disability benefits, prompting Four Seasons to appeal. The Appeals Board affirmed the trial court's determinations, finding Smiley was an employee of Four Seasons and not a loaned servant of Live Soul, and remanded the case for further proceedings.

Workers' CompensationEmployment StatusIndependent ContractorLoaned Servant DoctrineCompensable InjuryMedical BenefitsTemporary Disability BenefitsFactual AnalysisControl TestWork Relationship
References
11
Case No. MISSING
Regular Panel Decision

Triboro Coach Corp. v. State

This case addresses an appeal concerning whether a "Workmen’s Compensation and Employers’ Liability Policy" covers an employer's payment of first-party benefits to an injured employee. The claimant, Triboro Coach Corp., sought indemnification from the defendant, State Insurance Fund, after paying such benefits to an employee involved in a motor vehicle accident during employment. The Court of Claims initially granted summary judgment to the claimant. However, the appellate court reversed, finding that an exclusion in the insurance policy limited coverage to liabilities founded in negligence. As first-party benefits are payable irrespective of fault, the employer's liability for these benefits fell squarely within the exclusion, leading to the dismissal of the indemnification claim.

Workers' Compensation PolicyEmployer's LiabilityFirst-Party BenefitsNo-Fault InsuranceIndemnificationInsurance Policy InterpretationExclusion ClauseNegligenceSummary JudgmentAppellate Review
References
7
Case No. MISSING
Regular Panel Decision
Aug 09, 1946

In re the Arbitration between Transport Workers Union of America, C.I.O., & Fifth Avenue Coach Co.

The Transport Workers Union of America, O.I.O., applied to vacate an arbitration award made in a dispute with the Fifth Avenue Coach Company. The core of the dispute revolved around the implementation of one-man operation of double-deck buses and related employment terms. The Union contended that the arbitrator failed to render a decision on the primary question regarding the implementation of one-man operation, despite it being a key item in the submission agreement. The court found that the arbitrator explicitly avoided deciding this issue, thus failing to fulfill the terms of the submission. Consequently, the court ruled that the award was not mutual, final, and definite on all matters submitted for arbitration, rendering it invalid. The application to vacate the award was therefore granted, with an order for resubmission.

ArbitrationAward VacatedLabor DisputeCollective BargainingOne-Man OperationDouble-Deck BusesArbitrator AuthorityScope of SubmissionUnionPublic Transport
References
6
Case No. MISSING
Regular Panel Decision

Fifth Avenue Coach Lines, Inc. v. Transport Workers of America, Local 100

Plaintiffs Fifth Avenue Coach Lines, Inc. and Surface Transit, Inc. sued Transport Workers of America, Local 100, Transport Workers of America, and Michael J. Quill for damages alleging a breach of collective bargaining agreements following a 1962 strike. The Union defendants moved for a stay of proceedings pending arbitration, arguing the dispute fell within the arbitration clauses of their agreements. Defendant Michael J. Quill moved to dismiss the action against him, contending that Section 301(a) of the Taft-Hartley Act does not permit actions against individual union officers. The court found the arbitration clauses sufficiently broad to cover the strike issue and granted the stay of proceedings. Additionally, the court granted Quill's motion to dismiss, citing Supreme Court precedent that such actions are against the union, not its president.

ArbitrationCollective Bargaining AgreementStrikeTaft-Hartley ActMotion to StayMotion to DismissUnion LiabilityIndividual LiabilityNo-Strike ClauseGrievance Procedure
References
4
Case No. M2020-01368-COA-R3-CV
Regular Panel Decision
Oct 28, 2021

All Access Coach Leasing, LLC v. Jeff McCord, Commissioner Of Labor And Workforce Development, State of Tennessee

All Access Coach Leasing, LLC, a tour bus leasing company, appealed an agency's determination, affirmed by the chancery court, that it misclassified its tour bus drivers as independent contractors rather than employees for unemployment tax purposes. The Court of Appeals of Tennessee at Nashville affirmed the trial court's judgment. The court found substantial and material evidence supporting the agency's decision that the drivers were employees under the 'ABC test' of the Tennessee Employment Security Law, specifically failing Part B. This was due to the drivers performing required pre-trip and post-trip duties, such as inspections and cleaning, on the company's premises, which meant their services were not performed 'outside of all' of the taxpayer’s places of business.

Workers' CompensationUnemployment TaxIndependent ContractorEmployee MisclassificationABC TestCommon Law TestJudicial ReviewAdministrative LawDue ProcessStatutory Interpretation
References
46
Case No. 08-02-00403-CV
Regular Panel Decision
Mar 18, 2004

Tony Labrado and Sunset Coaches, Inc. v. County of El Paso, Texas and Lulac Project Amistad, Inc.

Sunset Coaches, Inc. and its president Tony Labrado challenged El Paso County's award of two transit service contracts to LULAC Project Amistad, Inc., alleging LULAC was not the lowest responsible bidder. The trial court granted summary judgment for the County and LULAC. On appeal, the court dismissed Sunset's damages claim due to governmental immunity but held that Labrado and Sunset had standing for injunctive and declaratory relief, and the case was not moot. The appellate court reversed the trial court's summary judgment, finding that the County abused its discretion by awarding contracts to LULAC, as LULAC failed to meet the material bid specification of maintaining a well-equipped garage. The case was remanded for further proceedings regarding LULAC's licensing and attorney's fees.

Public ContractsCompetitive BiddingGovernmental ImmunityStandingMootnessDeclaratory ReliefInjunctive ReliefAbuse of DiscretionBid SpecificationsLowest Responsible Bidder
References
46
Case No. MISSING
Regular Panel Decision

Lenart v. Coach, Inc.

Plaintiff Todd Lenart filed an action against his former employer, Coach Inc., alleging sex discrimination and hostile work environment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). Lenart moved to stay all proceedings and seal the docket, while Coach cross-moved to dismiss the complaint. The court denied Lenart's motion to stay and to seal. Regarding Coach's motion to dismiss, the court granted it in part and denied it in part. Specifically, Lenart’s Title VII and NYSHRL hostile work environment claims were dismissed, but his hostile work environment claim under the NYCHRL and his wrongful termination claims under Title VII, the NYSHRL, and the NYCHRL survived the motion to dismiss, based on the standards clarified in Littlejohn v. City of N.Y.

Sex DiscriminationHostile Work EnvironmentMotion to DismissTitle VIINew York State Human Rights LawNew York City Human Rights LawPleading StandardMcDonnell Douglas FrameworkLittlejohn StandardWrongful Termination
References
45
Case No. MISSING
Regular Panel Decision
Nov 23, 2005

CARTIER, DIV. OF RICHEMONT v. Bertone Group

In a trademark infringement case, defendants moved to disqualify plaintiffs' litigation counsel, Tal Benschar, Esq., from serving as a 30(b)(6) deposition witness, citing New York Disciplinary Rule 5-102 which addresses the advocate-witness rule. The Court denied the defendants' motion, allowing Mr. Benschar to testify. The Court acknowledged the potential for confusion and conflicting loyalties when a lawyer acts as both a witness and an advocate, but found these dangers less likely in the pre-trial context. It also considered that Mr. Benschar was in the best position to provide the requested information, having supervised the investigation. However, the Court deferred its ruling on whether Mr. Benschar’s testimony would disqualify him from subsequently serving as trial counsel, noting that another attorney would be primary trial counsel.

Trademark InfringementDiscoveryFed.R.Civ.P. 30(b)(6)Attorney DisqualificationAdvocate-Witness RuleEthical RulesDeposition TestimonyPre-Trial ProcedureNew York LawCounsel Representation
References
2
Case No. MISSING
Regular Panel Decision
Aug 09, 2002

In Re the United States for Material Witness Warrant

This Opinion and Order addresses the Court's authority to investigate potential government misrepresentations in the case of Abdallah Higazy, a prospective grand jury witness. Higazy was detained as a material witness after a transceiver was allegedly found in his hotel room and he purportedly confessed during a polygraph test, both of which later proved false. The Court determined it lacked criminal contempt jurisdiction over the FBI agent's conduct but affirmed its inherent supervisory power to inquire into and publicize the truth of such misconduct. The Court ordered the Government to complete its internal investigation and report findings by October 31, 2002, while directing the unsealing of most case documents, subject to government-proposed redactions by August 9, 2002, to protect grand jury secrecy. The government's internal investigation reports were ordered to remain sealed.

Material WitnessGrand Jury InvestigationFBI MisconductFalse ConfessionJudicial Supervisory PowerCriminal ContemptUnsealing DocumentsGovernment MisrepresentationsPolygraph TestSeptember 11 Investigation
References
16
Case No. MISSING
Regular Panel Decision

National Surety Corp. v. Rushing

The defendant appealed a jury verdict granting the plaintiff workers' compensation for total and permanent disability. The primary contention was the trial court's admission of an expert chiropractor witness not timely disclosed in pretrial interrogatories, violating Tex.R.Civ.P. 168. The appellate court upheld the trial court's decision, finding no abuse of discretion given the court's offer of a recess to depose the witness, which the defendant declined, and the defendant's failure to show prejudice. The court also affirmed the trial court's ruling on an objection during cross-examination of the chiropractor, noting the defendant's failure to lay a proper predicate for the introduction of an authoritative treatise. The defendant's remaining points of error were found to be without merit.

Discovery RulesExpert Witness TestimonyInterrogatoriesRule 168 ViolationWorkers' CompensationChiropractic EvidenceAbuse of DiscretionAppellate ProcedurePrejudice RequirementEvidentiary Foundation
References
14
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