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

Case No. 2020-06-0102
Regular Panel Decision
Feb 23, 2022

Love, Emilie v. Love Management, Inc.

An employee, Emilie Love, suffered severe injuries in an accident while placing luggage in a car. Her workers' compensation insurer, Zenith Insurance Company, denied the claim, asserting the injuries did not occur in the course and scope of employment. The trial court granted Love's motion for partial summary judgment, ruling that her injuries occurred within the course and scope of her employment. Zenith appealed this decision, arguing errors in procedural and substantive rulings. The Tennessee Workers' Compensation Appeals Board reversed the trial court's order, finding an abuse of discretion in denying Zenith's motion to continue and the application of an incorrect legal standard for summary judgment. The case was remanded for further proceedings consistent with the Appeals Board's opinion.

Workers' CompensationPartial Summary JudgmentMotion to ContinueAbuse of DiscretionStandard of ReviewBurden of ProofInterlocutory OrderCompensabilityCourse and Scope of EmploymentAccident
References
10
Case No. 04-12-00231-CV
Regular Panel Decision
Mar 27, 2013

Michael Love v. the GEO Group, Inc.

Michael Love sued his former employer, The Geo Group, Inc., alleging unlawful termination for filing a worker’s compensation claim under Texas Labor Code § 451.001. The trial court granted Geo Group’s motion for summary judgment, dismissing Love’s suit due to a lack of evidence for a causal connection between his worker’s compensation claim and his termination. On appeal, Love contended that circumstantial evidence proved the causal link, citing factors like employer knowledge of the claim, alleged negative attitudes from supervisors, and purported failures to adhere to company policies regarding the Temporary Alternative Position (TAP) program. However, the appellate court found that Love failed to provide sufficient probative evidence for these claims, concluding that the mere knowledge of a worker's compensation claim by the employer was not enough to establish a causal connection. Therefore, the appellate court affirmed the trial court's judgment, holding that Love did not meet his burden.

Workers' Compensation ClaimRetaliatory DischargeSummary JudgmentCausal ConnectionTexas Labor CodeEmployment TerminationAppellate ReviewCircumstantial EvidenceDiscriminatory TreatmentTemporary Alternative Position Program
References
15
Case No. MISSING
Regular Panel Decision

Newspapers, Inc. v. Love

A collision in Austin, Texas, involving Gerald Witt Love's truck and Otis Franklin's car, resulted in injuries to the Love family and the death of their son. The Loves sued Otis Franklin, Curren Eugene Cargile, and Newspapers, Inc., alleging Cargile, a newspaper distributor, was an employee and not an independent contractor, making Newspapers, Inc. liable under respondeat superior. A jury found in favor of the Loves, and the trial court's judgment was affirmed on appeal by Newspapers, Inc. The appellate court reviewed arguments concerning the employer-employee relationship, jury instructions, proximate cause, and the alleged excessiveness of damages awarded. The court found no reversible error and upheld the trial court's decision, affirming the judgment.

Automobile AccidentPersonal InjuryWrongful DeathRespondeat SuperiorIndependent ContractorMaster-Servant RelationshipAgency LawProximate CauseForeseeabilityDamages
References
38
Case No. C.A. No. 02A01-9803-CV-00053
Regular Panel Decision
Nov 18, 1998

Carolyn Love v. Shelby Co.

Plaintiff Carolyn Martin Love was awarded $123,991.22 in on-the-job injury benefits, including permanent disability, by the Shelby County Circuit Court, based on a finding of 100% permanent disability to each arm from carpal tunnel syndrome and related issues. Defendant Shelby County appealed, contending the award was excessive and not substantiated by medical evidence to support a 100% disability finding. The Court of Appeals affirmed the trial court's judgment, emphasizing that vocational disability is distinct from anatomical impairment and can be established through both expert medical testimony and compelling lay testimony, considering factors like the employee's skills, education, and job opportunities. The court found Dr. Boals' medical opinion, which assigned significant impairment and deemed Love unable to return to work, combined with consistent lay testimony from Love, her husband, and coworkers about her daily pain and inability to perform tasks, provided sufficient evidence to support the trial court's determination of 100% permanent disability to each arm, especially given Love's age and clerical background.

Permanent DisabilityWorkers' CompensationCarpal Tunnel SyndromeVocational DisabilityMedical ImpairmentLay TestimonyExpert Medical TestimonyAppellate ReviewSufficiency of EvidenceJob Duties
References
9
Case No. 2017 NY Slip Op 08467 [156 AD3d 410]
Regular Panel Decision
Dec 05, 2017

Torres v. Love Lane Mews, LLC

In this appellate case, Hilarion Torres, a construction worker, was allegedly injured by falling bricks at a construction site involving Love Lane Mews, LLC and Red Hook Construction Group-I, LLC. The Supreme Court initially denied Torres's motion for partial summary judgment on his Labor Law § 240 (1) claim, dismissed Labor Law § 200 and common-law negligence claims against Red Hook, and dismissed the Labor Law § 241 (6) claim. It also granted Love Lane's motion for contractual indemnification against third-party defendant Galaxy General Contracting Corp. The Appellate Division, First Department, modified the Supreme Court's order, reinstating the Labor Law § 200 and common-law negligence claims against Red Hook due to unresolved factual issues regarding Red Hook's control over the injury-producing work. All other aspects of the Supreme Court's decision were affirmed.

Construction AccidentFalling ObjectsLabor LawSummary Judgment MotionContractual IndemnificationVicarious LiabilityAppellate Division First DepartmentBronx County Supreme CourtDemolition WorkWorkplace Safety
References
5
Case No. 14-07-00621-CV
Regular Panel Decision
Jan 08, 2009

Gloria Celeste Loving v. City of Houston

Gloria Celeste Loving appealed the trial court's summary judgment in her mandamus suit against the City of Houston, seeking disclosure of public information. The City refused, citing that the information involved juvenile law-enforcement records and was confidential under Texas Family Code section 58.007(c). Loving argued the juvenile, Michael Torres, was tried as an adult, which should allow disclosure. The appellate court affirmed the summary judgment, ruling that section 58.007(c) maintains confidentiality for juvenile records, even if the individual was later tried as an adult, as an earlier exception for such cases was intentionally removed from the statute. The court found the information confidential and thus the City had no duty to disclose it.

Public Information ActMandamus ActionConfidentiality of RecordsJuvenile LawFamily CodeGovernment CodeSummary JudgmentAppellate AffirmationLaw Enforcement RecordsTexas Courts
References
21
Case No. MISSING
Regular Panel Decision
May 30, 2018

Love v. Allstate Vehicle & Prop. Ins. Co.

The case involves David and Latusha Love's lawsuit against Allstate Vehicle and Property Insurance Company for the wrongful denial of their homeowners insurance claim. The denial was based on alleged material post-loss misrepresentations and a civil arson defense after a fire damaged their home. Allstate moved for summary judgment, arguing their policy was voided. The court denied Allstate's motion, finding genuine disputes of material fact regarding Mr. Love's intent to deceive and whether the fire was incendiary in origin, citing conflicting evidence from fire reports and expert opinions.

Homeowners InsuranceInsurance Claim DenialSummary Judgment MotionMaterial MisrepresentationIntent to DeceiveCivil Arson DefenseIncendiary Fire OriginCircumstantial EvidenceCredibility DeterminationJury Question
References
17
Case No. 2020 NY Slip Op 07968 [189 AD3d 1946]
Regular Panel Decision
Dec 24, 2020

Matter of Love v. Village of Pleasantville

Claimant, Richard Love, Chief of Police for the Village of Pleasantville, sought workers' compensation benefits for injuries from a motor vehicle accident. The employer and carrier initially waived defenses by failing to timely serve a prehearing conference statement, a determination upheld in a prior appeal. Although a Workers' Compensation Law Judge and the Board found a causal relationship, the Appellate Division, Third Department, reversed this decision. The court ruled that despite the waiver of defenses, the claimant still bore the burden of proving a causal nexus between his employment and the accident. Finding that Love failed to demonstrate this nexus, as the accident occurred during a personal weekend trip, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationMotor Vehicle AccidentWaiver of DefensesCausal NexusCourse of EmploymentArising Out Of EmploymentPolice OfficerChief of PoliceAppellate ReviewSubstantial Evidence
References
20
Case No. No. 08-13-00348-CV (TC#12-09-802)
Regular Panel Decision
Sep 23, 2015

EXLP Leasing LLC and EES Leasing LLC v. Loving County Appraisal District

This ad-valorem tax case concerns the taxation of natural gas pipeline compressor packages. Appellants, EXLP Leasing LLC and EES Leasing LLC, lease these compressor packages. The trial court initially ruled that the packages qualified as heavy equipment but found the taxable situs in Loving County and deemed the statutory formulas for market value and tax (Texas Tax Code Sections 23.1241 and 23.1242) unconstitutional as applied. On appeal, the Court of Appeals addressed the constitutionality of these statutes and the determination of taxable situs. The appellate court reversed the trial court's finding on constitutionality, holding that the statutes are not unconstitutional as applied, and affirmed the trial court's ruling that the taxable situs was indeed in Loving County.

Ad Valorem TaxHeavy EquipmentTaxation LawMarket Value AssessmentStatutory InterpretationConstitutional LawTaxable SitusTexas Tax CodeAppraisal DistrictProperty Tax
References
16
Case No. MISSING
Regular Panel Decision

Love v. American Olean Tile Co.

In this workers' compensation action, employee Patricia Love appealed a judgment awarding her permanent total disability benefits to age 65 or until a maximum total benefit, with apportionment between the employer, American Olean Tile Company/Liberty Mutual Insurance Company, and the Second Injury Fund. The Special Workers’ Compensation Appeals Panel affirmed the trial court. The Supreme Court granted review to address the applicability of the maximum total benefit cap to age 65 awards and the correctness of the apportionment. The Court reversed the lower courts' decision to apply the maximum total benefit, ruling that permanent total disability benefits are payable to age 65 without monetary cap. It affirmed the apportionment, holding the employer responsible for 32.5% and the Second Injury Fund for 67.5% under Tenn.Code Ann. § 50-6-208(a).

Permanent Total DisabilityWorkers' CompensationSecond Injury FundBenefit ApportionmentMaximum Benefit CapAge 65 BenefitsCarpal Tunnel SyndromeLow Back StrainPre-existing DisabilityAppellate Review
References
1
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