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

Case No. 07-05-0449-CV
Regular Panel Decision
Mar 14, 2007

Gibson Plumbing Heating & Air Conditioning, Inc. and Robin L. Hughes v. Coolbaugh Chiropractic

Gibson Plumbing Heating & Air Conditioning, Inc. and employee Robin L. Hughes appealed a judgment rendered in favor of Coolbaugh Chiropractic for medical services provided to Hughes. Hughes sustained a workplace injury and sought chiropractic treatment. Key issues on appeal included the legal sufficiency of evidence regarding Gibson's bookkeeper's actual authority to authorize multiple medical treatments and the basis for the $3,000 damages award. The Court of Appeals for the Seventh District of Texas affirmed the trial court's judgment. It found sufficient evidence for the bookkeeper's authority and that the damages were within the range of evidence, further concluding that Coolbaugh had adequately presented its claim for attorney's fees.

Employer liabilityEmployee injuryChiropractic treatmentAgency authorityActual authorityApparent authorityDamages awardSufficiency of evidenceAttorney's feesAppellate court
References
22
Case No. MISSING
Regular Panel Decision

Snively v. Peak Pressure Control, LLC

Plaintiffs Jason Snively, Stephen Clark, and others similarly situated filed a motion for conditional certification against Defendants Peak Pressure Control, LLC and Nine Energy Service, LLC. The lawsuit alleges violations of the Fair Labor Standards Act (FLSA), specifically that Pressure Control Operators were not paid overtime wages despite working in excess of 40 hours per week, instead receiving a base salary and bonuses. The court reviewed the motion under the Lusardi two-stage approach and found sufficient evidence that aggrieved and similarly situated individuals exist and desire to opt-in. Consequently, the court granted in part the motion for conditional certification, setting forth directives for a revised notice to potential plaintiffs, including a 60-day opt-in period and approval for notice dissemination via mail, email, and workplace posting.

FLSACollective ActionConditional CertificationOvertime WagesWage and HourPressure Control OperatorsOilfield ServicesFair Labor Standards ActEmployer LiabilityMisclassification
References
26
Case No. 2021-02-0225
Regular Panel Decision
Oct 16, 2023

Randall, Wilma v. Food Lion and Delhaize America, Inc.

The Tennessee Workers' Compensation Appeals Board affirmed a trial court's denial of medical benefits to employee Wilma Randall, who sought treatment for pulmonary conditions allegedly caused by workplace chemical exposure at Food Lion, operated by Delhaize America, Inc. The employer denied causation, asserting no evidence of the conditions arising primarily from or being aggravated by workplace exposures. The trial court initially found insufficient evidence for the employee to likely prevail on medical causation, a decision upheld on appeal. The Appeals Board gave greater weight to the employer's expert toxicologist, Dr. Christopher Holstege, who reviewed more complete medical records and attributed symptoms to an infectious process, over the employee's treating pulmonologist, Dr. April Lambert, who causally connected the conditions to workplace chemicals but had reviewed fewer records. The case was remanded for further proceedings.

Workers' CompensationOccupational DiseasePulmonary ConditionsChemical ExposureMedical CausationExpert Witness TestimonyAppellate ReviewTennessee LawExpedited HearingMedical Benefits
References
6
Case No. MO:16-CV-00313-RAJ
Regular Panel Decision
Mar 21, 2017

Minyard v. Double D Tong, Inc.

Plaintiffs Dustin Minyard, Jeremy Dutch, and Justin Clark filed a collective action lawsuit against Double D Tong, Inc., Robert Duncan, and Cody Duncan, alleging violations of the Fair Labor Standards Act (FLSA) for unpaid overtime. Plaintiffs claimed they and other non-exempt casing employees were not properly compensated for overtime hours, either due to being paid on a quantity basis without all hours being tracked or by excluding additional pay (bonuses, allowances) from their regular rate for overtime calculations. The court initially granted in part and denied in part Plaintiffs' motion for conditional certification, limiting the class to Field Hands and Crew Pushers. However, upon Plaintiffs' motion for reconsideration, the court granted the motion, broadening the conditionally certified class to include all non-exempt casing workers who were subject to the alleged common, illegal pay plan, regardless of their specific job duties. The court also approved the dissemination of notice via mail, email, and workplace posting, with specific instructions for the notice content and class period.

Fair Labor Standards Act (FLSA)Overtime PayConditional CertificationCollective ActionWage and HourOilfield ServicesNon-Exempt EmployeesPiece Rate PayBonusesTruck Allowance
References
23
Case No. MISSING
Regular Panel Decision
May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability
References
11
Case No. 2-09-265-CV
Regular Panel Decision
Oct 28, 2010

Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. v. Shelby Jackson

Appellants Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. appealed a judgment following a bench trial in favor of Appellee Shelby Jackson. The appellants contended that the evidence was legally and factually insufficient to establish DTPA violations, economic damages, an unconscionable act by Norris, mental anguish damages, and entitlement to treble damages or attorney's fees. The trial court found that Avery violated the DTPA by misrepresenting rights and failing to disclose information, causing $500 in economic damages, which were trebled. It also found Norris committed an unconscionable act intentionally, causing $2,500 in mental anguish damages, also trebled. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support all findings.

Deceptive Trade Practices ActDTPA ViolationUnconscionable ActEconomic DamagesMental AnguishSufficiency of EvidenceAttorney's FeesContract ModificationConsumer ProtectionTexas Law
References
46
Case No. ADJ578732 (STK 0210190)
Regular
Mar 08, 2010

Elizabeth Anne Clark vs. LIVINGSTON UNION SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration to reverse a prior award. The Board found applicant failed to prove her hypersensitivity pneumonitis was industrially caused by a reasonable medical probability. While one doctor linked her condition to workplace exposure based on temporal factors and improvement upon removal, another expert found insufficient evidence of industrial causation. The Board concluded there was no substantial evidence, such as identified workplace antigens, to tie the applicant's lung condition to her employment.

Hypersensitivity pneumonitisIndustrial causationPulmonary systemCumulative traumaMedical evidenceInciting agentReasonable medical probabilityOccupational diseaseAir quality testingPrednisone treatment
References
4
Case No. MISSING
Regular Panel Decision

Claim of Sandell v. Frito Lay, Inc.

An employee of a snack plant developed chronic hypersensitivity pneumonitis after 12 years due to workplace exposure to chemicals and seasonings. His condition improved upon cessation of work. A Workers' Compensation Law Judge and subsequently the Workers' Compensation Board found the illness causally related and awarded benefits. The employer and its carrier appealed. The Appellate Division affirmed the Board's decision, crediting medical evidence linking the condition to workplace exposure and noting that failure to identify a specific allergen is not fatal to the claim.

Occupational DiseaseHypersensitivity PneumonitisRespiratory ProblemsWorkplace ExposureChemical ExposureSeasoning DustMedical EvidencePulmonologistExpert TestimonyCausal Relationship
References
5
Case No. 05-18-00564-CV
Regular Panel Decision
Aug 28, 2019

Regency Development & Construction Services, LLC v. Ralph Carrington D/B/A Carrington Air Conditioning and Heating, Carrington AC and Heat , LLC, Anthony Turpin, Turpin & Turpin, Turpin and Turpin, Inc.

Regency Development & Construction Services, LLC appealed the trial court's summary judgments in favor of Ralph Carrington d/b/a Carrington Air Conditioning and Heating, Carrington AC and Heat LLC, Anthony Turpin, Turpin & Turpin, and Turpin and Turpin, Inc. Regency argued that the trial court erred in granting summary judgment on the grounds that Regency had no evidence of damages because its insurance carrier paid the underlying personal injury settlement and defense costs. The court affirmed the trial court's judgments, concluding that the collateral source rule does not apply to Regency under the facts of this case because Regency made no payments and received no payments from any other party. Furthermore, Regency's insurer, Cincinnati Insurance Company, failed to properly assert its subrogation rights or intervene in the lawsuit.

Summary JudgmentCollateral Source RuleInsurance CoverageSubrogation RightsBreach of ContractNegligenceIndemnityAppellate ReviewTexas LawCivil Procedure
References
13
Case No. MISSING
Regular Panel Decision
Mar 10, 1948

Garcia v. Texas Indemnity Insurance

Mathew Garcia, a dock hand, died after collapsing and hitting his head on a sharp post at his workplace. His dependents, Dolores Garcia et al., filed a workmen's compensation claim against Texas Indemnity Insurance Co. The jury found in favor of the petitioners, but the trial court granted judgment non obstante veredicto for the respondent, which was affirmed by the court of civil appeals. The Supreme Court of Texas reversed the lower judgments, ruling that Garcia's injuries arose out of his employment due to the hazardous conditions of his workplace, despite his fall potentially being caused by an epileptic seizure. The court emphasized that the employment conditions were a causal factor in the resulting injury and death, and remanded the case with instructions to enter judgment for the petitioners.

Workers' CompensationEpilepsyAccidental InjuryCausal ConnectionCourse of EmploymentArising Out of EmploymentIdiopathic ConditionPremises LiabilityDangerous ConditionJudgment Non Obstante Veredicto
References
35
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