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

Case No. 09-08-268 CV
Regular Panel Decision
Aug 14, 2008

in Re Charlena Renee Smith

Relator Charlena Renee Smith filed a petition for writ of mandamus seeking to compel the trial court to vacate a 2002 order naming Sheila Renee Haley joint managing conservator of Smith's children and 2008 temporary orders. Smith argued the 2002 agreed order was void because Haley lacked standing, which is a constitutional prerequisite for maintaining a suit under Texas law and cannot be conferred by consent. The court found that Haley did not meet the statutory standing requirements under the Family Code when the original petition was filed, making the 2002 order void. Consequently, the temporary orders stemming from a motion to modify the void order must also be vacated. The court conditionally granted Smith's petition for writ of mandamus, instructing the trial court to vacate both the October 23, 2002, and March 11, 2008 orders.

MandamusStandingFamily LawParent-Child RelationshipConservatorshipVoid OrderJurisdictionTexas Family CodeAppellate ReviewDue Process
References
24
Case No. ADJ2786471 (AHM 0131083) ADJ1723308 (AHM 0131186) ADJ1776217 (AHM 0131184)
Regular
Jul 12, 2011

RENE GARCIA vs. CITY OF ANAHEIM

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision regarding applicant Rene Garcia's industrial injury to his low back and knees. The Board found that the treating physician's impairment rating was not substantial evidence because it impermissibly considered the applicant's ability to compete in the open labor market, in addition to Activities of Daily Living (ADLs), deviating from *Almaraz/Guzman* guidelines. The matter was returned to the trial level for further proceedings, including a supplemental report or deposition from the physician, to clarify the *Almaraz/Guzman* analysis solely on ADLs.

Workers Compensation Appeals BoardCity of Anaheimfirefightercumulative traumapermanent disability awardapportionmentAMA GuidesAlmaraz v. Environmental Recovery ServicesMilpitas Unified School Dist. v. Workers' Comp. Appeals Bd.Whole Person Impairment
References
7
Case No. ADJ7507358
Regular
Apr 03, 2023

KENNETH HARLAN vs. RENE M. CASAREZ aka RENE CASAREZ aka RENE BASAREZ aka RENE CAESAREZ dba AFFORDABLE PLUMBING AND ROOTER, HIROSHI CHARLES TANGE, FARMERS INSURANCE

This case concerns a worker injured while performing plumbing services at a new construction project. The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the finding that the homeowner, Hiroshi Tange, was the applicant's employer. The Board gave significant weight to the Workers' Compensation Judge's credibility determination of witnesses. Ultimately, the Board found no substantial evidence to overturn the judge's conclusion that the applicant was an employee working for the benefit of the homeowner, who exercised control over the project.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility determinationhomeownerunlicensed contractorindependent contractorpresumption of employmentLabor Code Section 3700Business and Professions Code Section 7125.2
References
12
Case No. ADJ9572711
Regular
May 20, 2019

RENE HINOJOSA vs. NORTH KERN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition and granted the applicant's petition for reconsideration. The Board affirmed the original finding of injury to the psyche and cardiovascular system, including hypertension, but amended the award. Crucially, the Board found that Labor Code section 3212.2 applied due to the applicant's custodial duties, thus precluding apportionment of permanent disability for hypertension and cardiovascular disease under Labor Code section 4663(e). This resulted in an increased permanent disability rating of 73% and entitlement to a life pension.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Orders and Awardstationary engineerpsyche injurycardiovascular systemhypertensionheart trouble presumptionLabor Code Section 3212.2Labor Code Section 4663(e)
References
1
Case No. ADJ9831208
Regular
Sep 09, 2016

MANUEL ESQUIVEL vs. MJH DESIGN BUILDERS, INC, TOWER INSURANCE CO. OF NEW YORK

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, finding insufficient evidence to bar Manuel Esquivel's claim by the statute of limitations. The employer had knowledge of the industrial injury claim around February 15, 2013, but failed to provide required written notice of workers' compensation rights to the applicant. The Board also noted that the employer's stipulation to providing some medical treatment could estop them from asserting the statute of limitations defense. The case is returned for further proceedings to determine the applicability of the statute of limitations.

Workers Compensation Appeals BoardManuel EsquivelMJH Design BuildersTower Insurance Co.AmtrustStatute of LimitationsLabor Code section 5410Labor Code section 5405Petition for ReconsiderationFindings and Order
References
14
Case No. ADJ1054155 (LAO 0854446) ADJ1247741 (LAO 0854447) ADJ1895803 (LAO 0854448)
Regular
May 03, 2011

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY, STATE COMPENSATION INSURANCE FUND

This amended order clarifies that the Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of the February 8, 2011 Findings and Awards. This reconsideration aims to allow the Board to thoroughly study the factual and legal issues, including those to be raised in the applicant's supplemental petition. The applicant's request to file a supplemental petition has also been granted and reaffirmed. All future communications regarding these cases should be directed to the Office of the Commissioners of the WCAB.

Supplemental PetitionReconsiderationAppeals Board Rule 10848Findings and AwardsDecision After ReconsiderationOffice of the CommissionersWCABADJ1054155ADJ1247741ADJ1895803
References
0
Case No. ADJ9016733
Regular
May 03, 2016

TYSON CONGER vs. CARE AMBULANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior award concerning industrial injuries to his low back and psyche. The applicant argues the original findings did not properly weigh evidence and support a higher permanent disability rating. The Board also permitted the applicant to file a supplemental petition to address new information, allowing defendants an opportunity to respond. Reconsideration was granted to ensure a complete review of the record and a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental PetitionEmergency Medical TechnicianLow Back InjuryPsyche InjuryTemporary DisabilityFuture Medical TreatmentPermanent DisabilityApportionment
References
1
Case No. MISSING
Regular Panel Decision

In Re Cypresswood Land Partners, I

The case involves an objection by Cypresswood Land Partners, I (Debtor) to the final fee application of its former counsel, Beirne, Maynard & Parsons, L.L.C. (BMP), in a Chapter 11 bankruptcy. The Debtor alleged that BMP failed to properly disengage from representing Stephen A. Morrow, the Debtor's managing venturer, individually, and failed to adequately disclose this continued representation to the court. Additionally, the Debtor claimed BMP's final application was untimely filed, and an agreement signed by Morrow, which made him and another entity (Grace Interests, L.L.C.) liable for BMP's fees, was overreaching. The Bankruptcy Court sustained the Debtor's objections, denying all compensation and reimbursement to BMP, and ordering the firm to disgorge all fees already paid. The court found that BMP violated professional conduct rules, failed to disclose conflicts, filed late without cause, and presented an overreaching agreement.

BankruptcyChapter 11Attorney FeesFee Application ObjectionProfessional EthicsConflict of InterestDisclosure ViolationDisgorgement of FeesUntimely FilingFiduciary Duty
References
29
Case No. 12-15-00033-CV
Regular Panel Decision
Jul 30, 2015

in the Matter of the Estate of Ruby Renee Byrom

This is an Appellee's Brief in an appeal concerning the Estate of Ruby Renee Byrom. The primary issue revolves around the imposition of a constructive trust on Jerry Byrom's homestead property, which was constructed using estate funds, and the subsequent order for its sale. The Appellee argues that the Appellant's claims are barred by res judicata, as these issues have been previously litigated and decided adversely to the Appellant in two prior appeals, which were affirmed by the Tyler Court of Appeals and denied review by the Supreme Court of Texas. The brief also addresses the award of attorney's fees, contending it is valid given the prior rulings. The Appellee requests that the court affirm the judgment of the trial court.

Estate LawProbateConstructive TrustHomestead ExemptionRes JudicataAppellate ProcedureAttorney's FeesMisappropriation of FundsExecutor DutiesProperty Sale
References
41
Case No. E2011-00005-CCA-R3-CD
Regular Panel Decision
Sep 15, 2011

State of Tennessee v. Susan Renee Bise

Susan Renee Bise appealed her convictions for facilitation of aggravated burglary and two counts of theft of property, and her three-year sentence. The charges stemmed from her involvement in two separate incidents of breaking into a victim's Greene County home and stealing numerous items. The Court of Criminal Appeals affirmed her convictions, determining that sufficient evidence supported the jury's findings of guilt for both theft counts. However, the appellate court concluded that the trial court improperly applied a sentencing enhancement factor related to high risk to human life, as the reasoning was speculative given the facts. Therefore, the court modified Bise's sentences to the minimum of two years for each offense.

Theft of PropertyAggravated BurglaryCriminal AppealSentencing EnhancementSufficiency of EvidenceAppellate ReviewTrial Court ErrorMinimum SentenceCircumstantial EvidenceTennessee Law
References
24
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