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Case Law Database

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

Case No. 2013-74668
Regular Panel Decision
Feb 20, 2015

in Re Solid Software Solutions, Inc., D/B/A Edible Software

Andrea Farmer, an employee of Solid Software Solutions, Inc. d/b/a Edible Software, filed a lawsuit against her employer and Henri Morris (President and CEO) alleging sexual assault and invasion of privacy. Ms. Farmer claims Morris drugged her during business trips, rendering her unconscious, and then sexually assaulted her and took nude photographs without her consent. The defendants filed a Motion to Dismiss or for Summary Judgment, arguing that the claims are time-barred under a two-year limitations period and are preempted by the Texas Commission on Human Rights Act (TCHRA), which addresses workplace discrimination. Ms. Farmer argues that her claims are not workplace discrimination but intentional sexual assaults, governed by a five-year statute of limitations for sexual abuse or, alternatively, that the limitations period was tolled due to fraudulent concealment. She also asserts that the TCHRA is inapplicable and that, if Texas law is not applied, the laws of the states where the attacks occurred support her claims for assault/battery.

Sexual AssaultInvasion of PrivacyStatute of LimitationsFraudulent ConcealmentTexas Civil Practice and Remedies CodeTexas Labor CodeWorkplace DiscriminationEmployee LitigationTort LawSexual Abuse
References
234
Case No. 2022-08-1069
Regular Panel Decision
Aug 19, 2025

Morris, Damon Curry v. Select Services

In this interlocutory appeal, the employee claimed he suffered arm and shoulder injuries due to an alleged workplace assault committed by his supervisor. The employer denied the assault occurred and denied the employee sustained any work-related injuries. Pursuant to a prior expedited hearing order, the employer provided a panel of physicians and authorized limited medical treatment. Thereafter, an MRI revealed a small partial tear in the left rotator cuff. The employer declined to approve additional treatment recommended by the authorized physician and declined to approve the authorized physician’s referral to a specialist. As a result, the employee requested another expedited hearing, after which the trial court ordered the employer to authorize the referral to a specialist for evaluation and treatment of the left shoulder despite acknowledging the lack of any expert medical evidence indicating that the employee’s left shoulder condition was primarily caused by the alleged workplace assault. Upon careful consideration of the record, we reverse the trial court’s order and remand the case.

Workplace InjuryShoulder InjuryRotator CuffMedical CausationExpedited HearingEmployer LiabilityEmployee Burden of ProofInterlocutory AppealRemandSubsequent Injury Fund
References
8
Case No. MISSING
Regular Panel Decision

Caballero v. First Albany Corp.

Plaintiff, a former employee, appealed an order granting summary judgment to the defendant employer, dismissing her six causes of action. Her claims included gender discrimination, wrongful discharge, intentional infliction of emotional distress, assault and battery (due to secondhand smoke), unsafe workplace (Labor Law § 200), and civil rights discrimination (Civil Rights Law § 40-c), all stemming from alleged retaliation for her complaints about smoking in the office. The Appellate Division affirmed, finding the mistreatment was animus-based, not sexual discrimination. The court also held that her employment was at-will, her emotional distress claims lacked outrageous conduct, and her assault and battery and unsafe workplace claims were barred by Workers’ Compensation Law's exclusive remedy provisions.

Employment-at-willSummary JudgmentGender DiscriminationWrongful DischargeIntentional Infliction of Emotional DistressAssault and BatteryUnsafe WorkplaceWorkers' Compensation ExclusivitySmoking PolicyRetaliation
References
19
Case No. MISSING
Regular Panel Decision
Jun 18, 2009

Claim of Cuthbert v. Panorama Windows Ltd.

Claimant, a purchasing clerk, sought workers' compensation benefits after being assaulted by a coworker. A Workers’ Compensation Law Judge initially awarded benefits, finding the assault originated from work-related differences. The Workers’ Compensation Board affirmed this decision, concluding there was a sufficient nexus between the employment relationship and the assault, despite a history of personal animosity and racial slurs between the individuals. The Board relied on the plant manager's credible testimony, which indicated the claimant's workplace attitude created tension. The appellate court subsequently affirmed the Board's decision, finding no error in their determination of a work-related nexus for the assault.

AssaultWorkplace InjuryWorkers' CompensationEmployment NexusCoworker DisputeRacial DiscriminationBoard AffirmationAppellate ReviewCredibilityPlant Manager Testimony
References
6
Case No. MISSING
Regular Panel Decision

Beck v. State

Plaintiff, Carolyn Beck, a driver's license examiner for the State of Tennessee, was sexually assaulted at her workplace in Knoxville in August 1987. Although she initially completed her shift, her anxiety worsened, leading to a diagnosis of post-traumatic stress disorder, which a psychiatrist linked to the assault aggravating a prior trauma. The employer, the State of Tennessee, appealed the Claims Commission's award of benefits, arguing the assault was not a compensable 'injury by accident' and did not arise out of employment. The Supreme Court affirmed the Claims Commission's judgment, holding that the sexual assault constituted an acute, sudden, and unexpected emotional stress, making it a compensable accidental injury, and that it arose out of employment due to the plaintiff's indiscriminate exposure to the public as a condition of her work.

Mental Health ClaimsWorkplace InjurySexual AssaultPost-Traumatic Stress DisorderDisability BenefitsEmployment LawLegal PrecedentAppellate ReviewTennessee Supreme CourtCompensable Accident
References
12
Case No. MISSING
Regular Panel Decision
Mar 03, 2005

Hunt v. State

The claimant, arrested for grand larceny in 1998, was unable to post bail and was sexually assaulted by another inmate while in the Manhattan Detention Center. Despite a court directive for protective custody on September 18, 1998, state court officers failed to properly record this order on the securing order. Consequently, the claimant was returned to general population and assaulted again on September 21. The Court of Claims initially dismissed the claimant's action for damages against the State. However, the appellate court reversed this decision, finding that the court officers' failure to record the protective custody order was a breach of a ministerial duty, thereby establishing state liability. The case has been remanded for a trial to determine the damages for the September 21 assault.

Inmate AssaultProtective CustodyMinisterial NegligenceState LiabilityCourt Officer DutySecuring OrderDamages RemandAppellate ReversalCorrectional Facility NegligencePrisoner Safety
References
7
Case No. MISSING
Regular Panel Decision

In re the Claim of Marquette

Claimant, a clerical employee for New York Telephone Company (Telco) in New York City, was viciously assaulted twice in late 1982 near her workplace in the Penn Plaza complex while commuting. The Workers’ Compensation Board found her injuries compensable, ruling the assaults occurred "within the concept of the precincts of employment." Telco appealed this decision, arguing that accidents on the way to work are generally not compensable without a direct physical connection to the employer's premises. The court affirmed the Board's decision, emphasizing that injuries are compensable if they are part and parcel of the entrance to employment and there's a causal relation. The ruling highlighted that the assaults took place along a normal and reasonable route to work, within the precincts of employment, even though they occurred on a public stairway not directly controlled by the employer.

Workers' CompensationAssaultPremises LiabilityArising Out of EmploymentCourse of EmploymentPublic AccessOff-Premises InjuryAppealsEmployee SafetyNew York Law
References
6
Case No. MISSING
Regular Panel Decision

Claim of Craig v. Jefferson Auto Painting Co.

The claimant, an automobile sander and polisher, sustained eye injuries when a coemployee threw a chemical solution during an assault. The incident occurred after the claimant refused to participate in a false accusation against a foreman, leading to threats during working hours and the actual assault immediately after work, just outside the employer's premises. The Workers' Compensation Board determined the assault was work-connected and within the reasonable time and space limits of employment, thus finding the resultant disability compensable. The employer and its insurance carrier appealed, challenging the applicability of the proximity rule and the determination that the incident occurred in the course of employment. The appellate court affirmed the Board's decision, relying on the 'continued altercation rule' which allows recovery for work-connected quarrels extending beyond employment limits, and emphasized that an employee remains in the course of employment until a suitable opportunity to leave the workplace is provided.

Workers' CompensationAssaultWork-Connected InjuryEmployment ScopeContinued Altercation RulePremises LiabilityCoemployee MisconductDisability BenefitsAppealJudicial Review
References
3
Case No. MISSING
Regular Panel Decision

Lewter v. O'Connor Management Inc.

This case involves an appeal from a summary judgment granted in favor of O’Connor Management, Inc., d/b/a Rivergate Mall, the defendant, in a lawsuit filed by Norma Jean Lewter, an employee of a tenant. Lewter was criminally assaulted in the mall's parking lot. The central issue revolves around whether the defendant owed a duty to the plaintiff to provide adequate security and whether the assault was foreseeable given prior incidents. The court affirmed the summary judgment, ruling that under Cornpropst v. Sloan, there must be actual notice of 'imminent probability of the act' rather than just knowledge of past similar acts, and found no special relationship between the mall and the plaintiff.

Shopping Mall LiabilityPremises LiabilityCriminal AttackSecurity DutyForeseeabilitySummary Judgment AppealTennessee LawInvitee ProtectionSpecial Relationship DoctrineWorkers' Compensation Intervention
References
4
Case No. MISSING
Regular Panel Decision
Jun 07, 2000

Claim of Hemeda v. Sbarro, Inc.

Claimant appealed a Workers’ Compensation Board decision denying benefits for an alleged workplace assault by his supervisor. At the hearing, the claimant and supervisor presented conflicting testimonies regarding the incident, with the supervisor denying the assault. The Board found the claimant's testimony not credible and denied the claim. The Court affirmed the Board's decision, stating that the Board is the final judge of witness credibility and its decision was supported by substantial evidence. An argument concerning the accuracy of the interpreter’s translation was not considered as it was not raised before the Board.

Workers' CompensationWorkplace AssaultCredibility AssessmentWitness TestimonyBoard DecisionSubstantial EvidenceAppellate ReviewTimeliness of AppealInterpreter AccuracyDenial of Benefits
References
4
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