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

Case No. ADJ1298520
Regular
Dec 24, 2010

CLUSEGUN AFOLAYAN (DECEASED), OLUWASEUN AFOLAYAN, et al vs. STATE OF CALIFORNIA CDCR, CALIFORNIA REHABILITATION CENTER, Legally Uninsured, SCIF/STATE CONTRACTS

In this workers' compensation case, the Appeals Board reconsidered a WCJ's award of dependency benefits to three adult children of a deceased worker. The WCJ had awarded $192,000 total, based on the children being total dependents despite the widow electing CalPERS benefits which typically bar other death benefits. The Board agreed that the adult children are entitled to benefits under Labor Code section 4702, as the widow's CalPERS election does not necessarily exclude other dependents with good cause. However, the Board disagreed with the WCJ's calculation method and remanded the case for a new decision, directing the adult children to divide the difference between the maximum benefit for a widow with dependents and the benefit for a widow without dependents.

Workers' Compensation Appeals BoardDependency benefitsLabor Code Section 4702Adult childrenDeath benefitsLabor Code Section 4707CalPERS special death benefitGood causeTotal dependentsWidow's benefits
References
1
Case No. MISSING
Regular Panel Decision

Brown v. Edwards Transfer Co., Inc.

Justice Spears, in a concurring and dissenting opinion, argues that the Texas Wrongful Death Act's term "children" should not include illegitimate, adult, non-dependent children. The opinion contends that neither case law, statutes like the Probate Code or Family Code, nor legislative history supports such a broad interpretation, highlighting the statutory origin of wrongful death actions. Spears distinguishes the current case from U.S. Supreme Court precedents, Levy v. Louisiana and Weber v. Aetna Casualty & Surety Company, by emphasizing that those cases focused on dependent illegitimate children, whereas the children in the present case were adults and not financially dependent. The Justice concludes that extending the act to non-dependent adult children constitutes judicial legislating and goes against legislative intent.

Illegitimate ChildrenWrongful Death ActStatutory InterpretationDependencyTexas LawProbate CodeFamily CodeWorkers Compensation ActEqual ProtectionSeparation of Powers
References
3
Case No. 2023 NY Slip Op 02365 [215 AD3d 140]
Regular Panel Decision
May 04, 2023

Matter of Oceanview Home for Adults, Inc. v. Zucker

The case involves an appeal by Howard Zucker, Commissioner of Health, challenging a Supreme Court judgment that invalidated state regulations imposing an admissions cap on individuals with serious mental illness in transitional adult homes. Oceanview Home for Adults, Inc. argued that these regulations violated the Fair Housing Act (FHA). The Appellate Division, Third Department, reversed the lower court's decision, asserting that the regulations, although facially discriminatory, were designed to benefit the protected class by implementing the integration mandate of the Americans with Disabilities Act (ADA) as interpreted in Olmstead v L.C. The court concluded that the regulations were narrowly tailored to achieve the beneficial purpose of promoting community-based integration for individuals with serious mental illness.

Fair Housing Act (FHA)Americans with Disabilities Act (ADA)Olmstead v L.C.Integration MandateMental IllnessAdult HomesTransitional Adult HomesAdmissions CapState RegulationsAppellate Review
References
40
Case No. MISSING
Regular Panel Decision

Bopp v. Wiest

This is a case of first impression concerning the application of a workers' compensation lien to a wrongful death settlement involving beneficiaries who are not statutory dependents. The decedent's estate received $50,000 in workers' compensation benefits under Workers' Compensation Law § 16 (4-b) following a workplace death, as there were no dependents. The estate's coexecutrices secured a $60,000 wrongful death settlement on behalf of the decedent's adult children. Liberty Mutual, the workers' compensation carrier, asserted a lien against this settlement. The court, presided over by Justice Andrew V. Siracuse, ruled that the 1990 amendment to Workers' Compensation Law § 16 (4-b) made the distinction between dependents and distributees irrelevant in this context. Consequently, the court approved the settlement but confirmed that the proceeds are subject to Liberty Mutual's workers' compensation lien, ensuring that adult children receiving benefits through the estate do not have a superior position to minor dependents receiving direct benefits.

wrongful deathworkers' compensationliensettlementstatutory interpretationdependentsdistributeesNew York lawfirst impressionsubrogation
References
7
Case No. 01-15-00774-CV
Regular Panel Decision
Aug 27, 2014

in Re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

This case is an original proceeding arising from a Petition for Writ of Mandamus concerning a trial court's order. The underlying litigation involves personal injury and wrongful death claims following a fire at a residential group home for mentally incapacitated adults. Key issues include the applicability of Chapter 74 of the Texas Civil Practice & Remedies Code (Medical Liability Act) to the defendants, which could impose damage caps, and the factual sufficiency of the jury's finding regarding the negligence of the resident who started the fire. The appellate court affirmed the trial court's order.

Texas Court of AppealsMandamus ProceedingPersonal InjuryWrongful DeathPremises LiabilityGroup Home NegligenceFire AccidentMentally Disabled AdultsChapter 74 Medical Liability ActDamage Caps
References
32
Case No. 04-24-00516-CV & 04-24-00521-CV
Regular Panel Decision
Aug 13, 2025

B&T Dependable Services, LLC and Bernell Gardener v. Edward Santos

Edward Santos, performing work for B&T Dependable Services, LLC, was injured in a truck accident. B&T had workers' compensation coverage, and Texas Mutual Insurance Company provided Santos benefits. Santos subsequently sued B&T and Bernell Gardener for negligence, disputing his employment status. An administrative law judge (ALJ) previously ruled Santos was an employee, and Santos did not appeal this decision. Appellants filed a plea to the jurisdiction and a motion for summary judgment, arguing that the exclusive remedy provision of the Texas Labor Code and the doctrine of election of remedies barred Santos's lawsuit. The appellate court affirmed the trial court's denial of the plea to the jurisdiction, citing recent Supreme Court precedent that the Division of Workers' Compensation does not hold exclusive jurisdiction over negligence claims not predicated on entitlement to benefits. The court also affirmed the denial of the motion for summary judgment, concluding that appellants failed to conclusively prove every element of their affirmative defense of election of remedies.

Workers' Compensation LawNegligence ClaimExclusive Remedy DoctrineElection of RemediesSubject Matter JurisdictionAppellate Court ReviewSummary Judgment DenialTexas Labor CodeEmployment Status DisputeAdministrative Remedies Exhaustion
References
19
Case No. MISSING
Regular Panel Decision

State ex rel. Dunn v. Catholic Home Bureau for Dependent Children

Maureen M. Dunn filed a writ of habeas corpus to regain custody of "Baby Girl" Dunn, born April 6, 1986, after executing a surrender for adoption to Catholic Home Bureau for Dependent Children (CHB) on May 1, 1986. The child was placed with prospective adoptive parents, John and Mary Doe, on April 10, 1986. Dunn attempted to revoke her surrender on May 21, 1986, within the 30-day period stipulated by Social Services Law § 384(5). The adoptive parents moved to dismiss or transfer the case, arguing against Supreme Court jurisdiction. The court retained jurisdiction and, following hearings, addressed Dunn's claims of fraud, duress, or coercion in the surrender's execution, which it ultimately denied despite concerns about CHB's procedures and a witness's credibility. The court also clarified the application of Social Services Law §§ 383(6) and 384(5) regarding the natural mother's rights post-surrender, ruling that Dunn lost her presumption of superiority once the child was placed in an adoptive home, requiring the custody determination to be based solely on the child's best interests. Considering the stability, financial security, and family ties of the adoptive parents versus the natural mother's temporary employment, uncertain support from the natural father, and past substance use during pregnancy, the court found it in the child's best interest to remain with the adoptive parents and be adopted by them.

AdoptionChild CustodyHabeas CorpusSurrender of Parental RightsBest Interests of the ChildParental RightsSocial Services LawRevocation of SurrenderFraudDuress
References
10
Case No. 01-19-00346-CV
Regular Panel Decision
May 20, 2021

Four J's Community Living Center, Inc. and Anthonia Uduma v. Patti J. Wagner, as Guardian of Jenny Ann Wagner, an Incapacitated Adult

The appellants, Four J's Community Living Center, Inc. and Anthonia Uduma, challenged a trial court's judgment in favor of Patti J. Wagner, as guardian of Jenny Ann Wagner. Jenny, an incapacitated adult, sustained severe burns and smoke inhalation in a fire at a residential care facility operated by Four J's and owned by Uduma. The jury found Four J's and Uduma negligent, awarding significant non-economic damages for past and future pain and disfigurement. The Court of Appeals affirmed the judgment, finding legally sufficient evidence of Uduma's negligence as the premises owner and factually sufficient evidence for the damages awarded. The court also rejected the application of a health care liability damages cap, stating that Four J's did not conclusively prove its status as a licensed health care provider.

NegligencePersonal InjuryResidential Care FacilityFire SafetyDamagesLegal SufficiencyFactual SufficiencyPremises LiabilityHealth Care Liability ClaimTexas Medical Liability Act
References
33
Case No. MISSING
Regular Panel Decision

Westerhaus v. Liberty Mutual Insurance Co.

Justice Lagarde dissents in a case concerning the readjudication of "future dependency" of a minor under the Workers' Compensation Act. In 1982, Stacie was found dependent, with an insurance company, Liberty, paying benefits until 1993 when it sought readjudication. The trial court's judgment allowed for readjudication based on a "material change of the then circumstances of dependency." Lagarde argues that Liberty's summary judgment evidence, which included Stacie's admissions about her financial independence and age, conclusively proved this material change. Therefore, Justice Lagarde would have affirmed the summary judgment in favor of Liberty.

Future DependencyMinor DependencyWorkers' CompensationReadjudicationMaterial Change of CircumstancesSummary JudgmentDissenting OpinionAdult Child DependencyFinancial IndependenceInsurance Benefits
References
0
Case No. ADJ1940516 (GOL 0101910)
Regular
Apr 29, 2011

TONY COSTANTINO (Deceased), ELLIE COSTANTINO (Widow), CIERA MILLENDER (Dependent) vs. SANTA BARBARA SCHOOL DISTRICT

This case concerns whether a stepdaughter is entitled to the conclusive presumption of total dependency for workers' compensation death benefits under Labor Code section 3501. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, holding that the conclusive presumption does not apply to stepchildren absent legal adoption. The Board found insufficient evidence regarding the stepdaughter's actual dependency and returned the matter for further proceedings to develop the record on this issue. The WCAB clarified that while stepchildren can be dependents, the specific statutory presumption of total dependency is limited to "children" under the law.

Workers' Compensation Appeals BoardIndustrial InjuryDeath BenefitsDependencyLabor Code Section 3501Conclusive PresumptionStepchildPartial DependentReconsiderationWCJ
References
3
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