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

Case No. 03-02-00403-CV
Regular Panel Decision
Jan 16, 2003

Randy Pretzer Scott Bossier Bossier Chrysler-Dodge II, Inc. D/B/A Bossier Country v. the Motor Vehicle Board and Motor Vehicle Division of the Texas Department of Transportation

This case involves an appeal concerning sanctions imposed by the Motor Vehicle Board against Randy Pretzer, Scott Bossier, and Bossier Chrysler-Dodge II, Inc. (collectively "Bossier") for violations of the Texas Motor Vehicle Code, specifically fraudulent practices that led to $180,000 in civil penalties. The Court of Appeals affirmed the Board's authority to sanction non-licensees for new vehicle sales violations under section 4.06(a)(5). However, it reversed the district court's finding of Board jurisdiction over used vehicle sales violations of section 4.06(a)(5) occurring before June 8, 1995. Additionally, the Court reversed the Board's power to prospectively limit Pretzer's employment in the motor vehicle industry. The case was remanded to the district court for redetermination of civil penalties consistent with the opinion, while Bossier's other arguments regarding notice, standard of proof, and constitutional challenges were overruled.

Motor Vehicle Code ViolationsFraudulent PracticesCivil PenaltiesStatutory AuthorityAdministrative LawJudicial ReviewUsed Vehicle SalesNew Vehicle SalesLicense RevocationDue Process
References
49
Case No. MISSING
Regular Panel Decision

Cividanes v. City of New York

The case concerns a plaintiff who sued the City of New York and two transit authorities for negligence after sustaining an ankle injury from a pothole while alighting a bus. The claim against the City was dismissed due to lack of prior written notice, while the claim against the authorities alleged a breach of duty to provide a safe disembarking location. The dissenting opinion argues that the No-Fault Insurance Law should apply, as the injury arose from the use or operation of a motor vehicle—specifically, the bus driver's negligent positioning. This contrasts with the majority's decision, which affirmed the Appellate Division's order, finding the No-Fault Law inapplicable because the injury did not arise from the use or operation of a motor vehicle. The dissent cites *Manuel v New York City Tr. Auth.* as relevant precedent, distinguishing it from *Walton v Lumbermens Mut. Cas. Co.*

NegligenceNo-Fault Insurance LawMotor Vehicle OperationPothole InjuryBus AccidentProximate CauseDisembarking SafetyDuty of CareAppellate ReviewDissenting Opinion
References
4
Case No. MISSING
Regular Panel Decision

Pretzer v. Motor Vehicle Board

This case concerns an appeal by Randy Pretzer, Scott Bossier, and Bossier Chrysler-Dodge II, Inc. d/b/a Bossier Country (collectively, "Bossier") against sanctions imposed by the Motor Vehicle Board and Motor Vehicle Division of the Texas Department of Transportation ("Board"). The Board had imposed civil penalties for violations of sections 4.06(a)(5) and 4.06(a)(6) of the Texas Motor Vehicle Code. The district court affirmed in part, overruled in part, and reversed and remanded in part the Board's final order. The appellate court affirmed the district court's judgment in part, reversed and rendered in part concerning the Board's power to bar Pretzer from the motor vehicle industry, and remanded the cause for further proceedings regarding the redetermination of civil penalties based on the correct jurisdictional scope of section 4.06(a)(5) for used vehicle sales before June 8, 1995.

Texas Motor Vehicle CodeStatutory InterpretationAdministrative LawCivil PenaltiesFraudulent PracticesDealer LicensingNon-licensee SanctionsUsed Vehicle SalesSubstantial Evidence ReviewEqual Protection
References
50
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & Gholson

Willie Gholson, a bus operator for Manhattan and Bronx Surface Transit Operating Authority, sought no-fault benefits after being attacked by a passenger. The Authority moved to stay arbitration, arguing that the incident was not related to the "use or operation" of the bus as defined by the Insurance Law. Gholson contended his injury, resulting from refusing to open the door at a non-bus stop, was part of his operation. The court, acknowledging the Workers' Compensation Board's finding that the injuries were due to employment activity, ultimately ruled that the no-fault law was intended for motor vehicle accidents involving physical contact between vehicles or persons, not assaults within a vehicle. Therefore, the court granted the Authority's motion to permanently stay arbitration.

No-fault benefitsBus operatorPassenger assaultArbitration stayInsurance LawMotor vehicle accidentUse or operationWorkers' CompensationScope of employmentJudicial interpretation
References
7
Case No. MISSING
Regular Panel Decision
Nov 25, 2013

Janes v. Triborough Bridge & Tunnel Authority

Plaintiffs Riva Janes, Bruce Schwartz, Bette Goldstein, and Hillel Abraham filed a class action against the Triborough Bridge and Tunnel Authority (TBTA), Metropolitan Transportation Authority (MTA), and their chairmen. They alleged that differential toll policies on New York City bridges, which provide discounts only to residents of specific areas, violate the Commerce Clause, Privileges and Immunities Clause, and Equal Protection Clause of the U.S. Constitution, as well as New York State law. The court, relying on prior Selevan decisions, determined that the toll policies were merely minor restrictions on travel and did not warrant strict scrutiny. Applying the three-factor Northwest Airlines test, the court concluded that the tolls were a fair approximation of use, not excessive relative to the benefits conferred on the integrated transit system, and did not discriminate against interstate commerce. Ultimately, the court granted the defendants' motion for summary judgment, dismissing all federal and state law claims.

Toll PoliciesDifferential TollsDormant Commerce ClauseRight to TravelEqual ProtectionSummary JudgmentConstitutional LawNew York City TransitVerrazano-Narrows BridgeCross Bay Veterans Memorial Bridge
References
52
Case No. MISSING
Regular Panel Decision
Oct 12, 2007

Salvador-Pajaro v. Port Authority

This case involves a Port Authority police officer who sued the Port Authority for personal injuries, alleging an unsafe workplace in New Jersey. The Port Authority's motion for summary judgment dismissing the complaint was initially denied by the Supreme Court, New York County. However, the appellate court unanimously reversed this decision, granting the motion and dismissing the complaint. The court ruled that New York's Labor Law § 27-a, which was the basis for the General Municipal Law § 205-e claim, does not apply to the Port Authority as an Interstate Compact agency, particularly without concurring legislation from New Jersey. Additionally, New York Labor Law provisions concerning workplace safety do not apply to workplaces located outside of New York, even if both the injured worker and the employer are New York domiciliaries.

Interstate Compact AgencyWorkplace SafetyJurisdictionExtraterritorial ApplicationLabor LawGeneral Municipal LawSummary JudgmentPersonal InjuryPort AuthorityEmployer-Employee Relations
References
5
Case No. MISSING
Regular Panel Decision

Gray v. New York City Transit Authority

The petitioner, a signal maintainer’s helper, was terminated from employment by the New York City Transit Authority after a urine test revealed marihuana use, aligning with T.O.P. No. 616, § 6.9 for employees with less than two years of service. The petitioner challenged this dismissal as arbitrary, citing a coworker, Joseph Joyce, who received a lesser penalty. Initially, the Supreme Court, Kings County, vacated the dismissal and remitted the matter for a new penalty. However, the appellate court reversed this decision, finding that Joyce’s lenient punishment occurred after the Transit Authority had implemented a more forgiving policy. Consequently, the court concluded that the petitioner failed to demonstrate arbitrary enforcement at the time of his dismissal, confirmed the Transit Authority's determination, and dismissed the petition on the merits.

Employment TerminationMarihuana UseDrug TestingCivil Service LawCPLR Article 78Arbitrary and CapriciousPolicy ChangeRetroactive ApplicationAppellate ReviewPublic Employee Dismissal
References
3
Case No. 2015 NY Slip Op 00461 [124 AD3d 475]
Regular Panel Decision
Jan 15, 2015

Port Authority of New York & New Jersey v. Port Authority Police Lieutenants Benevolent Ass'n

The Appellate Division, First Department, affirmed a judgment confirming an arbitration award that found the Port Authority of New York and New Jersey violated a collective bargaining agreement by ending free E-Z Pass privileges for retired police sergeants. The court ruled that the arbitrator did not exceed his authority and that his interpretation, which vested retired members with a lifetime interest in these privileges, was not irrational. The decision also clarified that a contractual phrase regarding 'applicable law' pertains to the award's binding nature, not a ground for vacating the award due to a mistake of law.

Arbitration AwardCollective Bargaining AgreementE-Z Pass PrivilegesRetired EmployeesArbitrator's AuthorityAppellate ReviewContractual InterpretationLifetime BenefitsJudicial ReviewPublic Authority
References
5
Case No. MISSING
Regular Panel Decision

Claim of Greene v. City of New York Department of Social Services

Sue Greene, a homemaker for the New York City Department of Social Services, was injured in a car accident in 1974 while traveling between work assignments. Her claim for workers' compensation benefits was denied by a referee and subsequently affirmed by the Workmen’s Compensation Board and the Appellate Division, based on a finding that she used her personal car for convenience without employer authorization. The dissenting opinion argued that there was substantial evidence to support the Board's denial of benefits, emphasizing the unauthorized use of the vehicle. However, the order was ultimately reversed, and the matter remitted to the Appellate Division for further proceedings, indicating the majority found the denial was not dictated as a matter of law. This decision highlights the complexities of determining what constitutes 'in the course of employment' when an employee uses a personal vehicle without explicit authorization.

Workers' Compensation BenefitsScope of EmploymentPersonal Vehicle UseEmployer AuthorizationSubstantial Evidence ReviewAppellate DivisionWorkmen's Compensation BoardRemand OrderDissenting OpinionHomemaker Duties
References
0
Case No. 13-06-00569-CV
Regular Panel Decision
Oct 30, 2008

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, the Texas Commission on Environmental Quality, and Margaret Hoffman in Her Official Capacity as Executive Director of the Texas Commission on Environmental Quality

This case involves an appeal by Canyon Regional Water Authority (Canyon Regional) regarding water rates charged by Guadalupe-Blanco River Authority (Guadalupe-Blanco) and the administrative rules of the Texas Commission on Environmental Quality (the Commission). Canyon Regional challenged Guadalupe-Blanco's rate increases, arguing they were not

Water Rate AppealContractual InterpretationAdministrative LawDeclaratory ReliefAttorney's FeesSummary JudgmentPublic Interest HearingTexas Commission on Environmental QualityGuadalupe-Blanco River AuthorityCanyon Regional Water Authority
References
14
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