CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jan 14, 2002

In Re Hinterlong

Matthew T. Hinterlong sought mandamus relief against Arlington ISD and Rynthia Clements after a trial court denied his motion to compel discovery of a student informant's identity. The informant's tip regarding alcohol in Hinterlong's car led to his expulsion under the school's zero-tolerance policy, despite his later acquittal on criminal charges. Hinterlong argued that the statutory crime stoppers privilege, which protected the informant, was unconstitutional as applied to his civil suit for malicious prosecution, defamation, and negligence, as it severely hampered his ability to pursue these common law claims. The court agreed, ruling that the privilege, in this specific public school zero-tolerance context, unreasonably abrogated Hinterlong's right to redress under the Texas Constitution's open courts provision. Consequently, the court conditionally granted the mandamus, ordering the trial court to vacate its prior order and conduct an in-camera review to determine what information, including the informant's identity, must be disclosed for a fair determination of the merits.

Mandamus ReliefCrime Stoppers PrivilegeOpen Courts ProvisionConstitutional ChallengeDiscovery DisputeStudent ExpulsionZero Tolerance PolicyAnonymous TipsterMalicious ProsecutionDefamation
References
48
Case No. MISSING
Regular Panel Decision

Roberts v. New York City Office of Collective Bargaining

This case concerns an appeal regarding the New York City Fire Department's "zero tolerance" policy, which mandates automatic termination for EMS employees who fail or refuse drug tests. Unions representing these employees argued that this policy should be subject to mandatory collective bargaining. The New York City Board of Collective Bargaining and a lower court ruled against the unions, asserting that the policy falls under management's disciplinary rights. The appellate court affirmed this decision, holding that disciplinary actions for EMS personnel are the sole province of the Fire Commissioner under the New York City Charter, and that deterring illegal drug use by EMS workers is critical to public safety and the FDNY's core mission.

Public SafetyEmergency Medical Services (EMS)Drug Testing PolicyZero ToleranceCollective BargainingMandatory BargainingNew York City Fire Department (FDNY)Fire CommissionerDisciplinary AuthorityNew York City Charter
References
12
Case No. 2022 NY Slip Op 01874
Regular Panel Decision
Mar 17, 2022

Matter of Cherrington v. New York City Tr. Auth.

The Appellate Division, First Department, affirmed an order that denied a petition to vacate an arbitration award, which had upheld a 25-day suspension for petitioner Norris Cherrington. The court found the arbitrator's decision was not irrational, as it was justified by Cherrington's violation of a zero-tolerance policy for workplace violence. Petitioners' argument regarding the lack of explanation for a retreat path was deemed beyond judicial scrutiny. Furthermore, the award did not violate public policy, as disciplining an employee for workplace violence is permissible, and no explicit conflict with anti-discrimination laws was found, given the absence of disparate treatment claims for non-Black employees. The arbitrator had also declined the respondent's request to dismiss Cherrington.

Arbitration AwardWorkplace ViolenceEmployee DisciplinePublic PolicyJudicial ScrutinyAppellate ReviewSuspensionZero-Tolerance PolicyDiscrimination ClaimNew York City Transit Authority
References
4
Case No. 2-09-050-CV
Regular Panel Decision
Feb 11, 2010

Matthew T. Hinterlong v. Arlington Independent School District

Matthew T. Hinterlong appealed a trial court's judgment that he take nothing from Arlington Independent School District (AISD) on his due process claim under 42 U.S.C. § 1983. The claim stemmed from AISD's zero tolerance policy, under which Hinterlong was transferred to an alternative school after a substance smelling like alcohol was found in his vehicle on school property. Hinterlong argued that the policy violated his due process rights by not considering his intent or knowledge of the substance. The Court of Appeals affirmed the trial court's judgment, finding that AISD provided an "escape mechanism" through which Hinterlong could have presented evidence to overturn the decision, but he failed to do so. Therefore, his as-applied due process challenge failed.

Due ProcessZero Tolerance PolicyStudent DisciplineSchool LawConstitutional Law42 U.S.C. 1983Sufficiency of EvidenceFacial ChallengeAs-Applied ChallengeAppellate Review
References
22
Case No. 03-11-00066-CV
Regular Panel Decision
Apr 05, 2012

M. Lawrence Naumann and Naumann Farm, LLC v. Edward R. Lee and Wife, Josephine R. Lee Edward J. Lee and Wife, Zenaida Lee Robert D. Norris and Wife, Dana K. Norris Diana Toler and Von Toler

M. Lawrence Naumann and Naumann Farm, LLC (Appellants) appealed a trial court's summary judgment in an easement dispute. The trial court had ruled that Naumann possessed only a limited easement to access a portion of his property, invalidating an easement for the remainder, and had also awarded attorney's fees to the appellees. Naumann challenged these decisions, arguing errors in the denial of their motion, the granting of appellees' cross-motion, the permanent injunction, and the attorney's fee award. The Court of Appeals reviewed the judgment, including the application of the "strip and gore" doctrine, and affirmed the trial court's decision in its entirety. The court concluded that the trial court did not err in its declaratory summary judgment, the permanent injunction, or the award of attorney's fees to the appellees.

Easement disputeSummary judgmentAppellate reviewProperty lawStrip and gore doctrineDeed constructionDeclaratory reliefInjunctive reliefAttorney's feesTexas Court of Appeals
References
48
Case No. MISSING
Regular Panel Decision
Sep 27, 2007

National Union Fire Insurance Co. of Pittsburgh v. St. Barnabas Community Enterprises, Inc.

This case concerns the arbitrability of disputes between an unnamed petitioner and its insured, St. Barnabas, over retrospective premiums and credits from workers' compensation policies covering 1995-1998 and 2000-2001. The Supreme Court's order, which compelled arbitration and denied St. Barnabas's cross-motion to dismiss, was modified. The appellate court affirmed arbitration for the 1995-1998 policies due to explicit arbitration clauses. However, arbitration for the 2000-2001 policies was stayed as they lacked such clauses and provided for litigation. Claims of fraudulent inducement related to the earlier policies were referred to arbitrators, as they did not specifically challenge the arbitration agreement itself.

ArbitrationWorkers' Compensation PoliciesRetrospective PremiumsInsurance DisputesPolicy InterpretationFraudulent InducementContract LawNew York CourtsAppellate DecisionJurisdiction
References
6
Case No. MISSING
Regular Panel Decision

Catania v. Hartford Accident & Indemnity Co.

This case involves a submitted controversy under sections 546 to 548 of the Civil Practice Act, concerning whether a liability policy issued to John Schiro extends coverage to the plaintiff for injuries sustained by Schiro's wife. Schiro's wife alleged negligence against her spouse in the operation of his vehicle during his employment with the plaintiff. The court analyzed Insurance Law section 167 (subd. 3), which states that policies do not cover liability for spousal injuries unless expressly provided. Citing Morgan v. Greater New York Taxpayers Mut. Ins. Assn., the court treated the policy as if issued to the plaintiff alone, determining that Schiro's wife is not the plaintiff's spouse, thus making section 167 (subd. 3) inapplicable. The decision, supported by Manhattan Cas. Co. v. Cholakis, concluded that the insurer is liable. Therefore, judgment was granted in favor of the plaintiff, requiring the defendant to defend the pending negligence action and pay any judgment up to the policy limits.

Liability PolicyInsurance CoverageSpousal LiabilityCivil Practice ActInsurance LawNegligenceDeclaratory JudgmentAutomobile AccidentEmployer LiabilityInterspousal Immunity
References
2
Case No. MISSING
Regular Panel Decision

Trojcak v. Valiant Millwrighting & Warehousing, Inc.

This case involves an appeal from a Workers' Compensation Board decision concerning the proper cancellation of an employer's workers' compensation policy. A claimant was injured in September 1995, leading to a dispute when the carrier claimed the policy was canceled in June 1995 due to nonpayment. Initially, a Workers' Compensation Law Judge ruled the policy was improperly canceled, citing Banking Law § 576 and estoppel. However, the Workers' Compensation Board reversed this, finding the cancellation adhered to Banking Law § 576's notice requirements. This appellate court affirmed the Board's decision, concluding that the statutory notice provisions were met and that the finance agency and carrier were not estopped from canceling the policy despite prior acceptance of late payments.

Workers' Compensation Policy CancellationBanking Law § 576Estoppel DoctrineNotice RequirementsLate PaymentsInsurance Coverage DisputePolicy DefaultAppellate ReviewStatutory CompliancePremium Finance Agreement
References
7
Case No. ADJ10950502
Regular
Mar 10, 2020

ROBERT HANSEN (Deceased), DIANA HANSEN, MAYA HANSEN, CALLIE HANSEN, ROBERT GENE REINHARDT, Guardian Ad Litem For MATTHEW HANSEN and TAYLOR HANSEN vs. FREIGHT HANDLERS, LLC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the deceased sustained a compensable industrial injury causing death. The Board agreed with the WCJ that the defendant failed to prove the decedent's intoxication proximately caused the injury, despite acknowledging the decedent was intoxicated. Furthermore, the Board found substantial evidence supported the WCJ's conclusion that the death was not a suicide and that the decedent remained within the course of employment under the commercial traveler rule, even with his intoxication and the employer's zero-tolerance policy.

Compensable Industrial InjurySuicide DefenseIntoxication DefenseCourse of EmploymentCommercial Traveler RuleProximate CauseBurden of ProofSubstantial Evidence RuleCredibility DeterminationsZero Tolerance Policy
References
11
Case No. MISSING
Regular Panel Decision

Michael v. City of Dallas

Steven C. Michael, a white, disabled probationary employee, was discharged by the City of Dallas after a co-worker reported he made violent threats. Michael sued the City, alleging wrongful termination based on race and disability discrimination under the Texas Commission on Human Rights Act (TCHRA). The City moved for summary judgment, asserting it had a zero-tolerance policy for workplace violence and that Michael failed to establish a prima facie case of discrimination, including showing disparate treatment or that he was replaced by someone outside his protected class. The trial court granted summary judgment. The appellate court affirmed the judgment, concluding that Michael failed to present evidence beyond subjective beliefs to support his claims of discrimination.

Employment DiscriminationRace DiscriminationDisability DiscriminationWrongful DischargeSummary JudgmentTexas Commission on Human Rights ActPrima Facie CaseDisparate TreatmentWorkplace ViolenceProbationary Employee
References
16
Showing 1-10 of 2,583 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational