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
Nov 03, 2014

Lewis v. Livingston County Center for Nursing & Rehabilitation

Plaintiff Cindy L. Lewis brought an action against Livingston County Center for Nursing and Rehabilitation (Livingston County CNR) for alleged disability discrimination and retaliation under the Americans with Disabilities Act (ADA) and the New York State Human Rights Law (NYSHRL). Lewis, a former certified nursing assistant, claimed she was terminated for refusing mandated overtime due to a permanent partial disability. Defendant moved to dismiss the complaint, asserting the Livingston County CNR lacked the capacity to be sued and that Lewis failed to serve a notice of claim for her NYSHRL claims. The court granted Lewis's cross-motion to amend the complaint to substitute Livingston County as the defendant. The court dismissed Lewis's NYSHRL claims due to the failure to file a notice of claim but denied the motion to dismiss the ADA discrimination and retaliation claims, concluding that the essential function of overtime work and the reasonableness of the accommodation required factual inquiry.

Disability DiscriminationEmployment RetaliationAmericans with Disabilities ActNew York State Human Rights LawReasonable AccommodationMandated OvertimeMotion to DismissMotion to Amend ComplaintIdentity of Interest ExceptionNotice of Claim
References
56
Case No. 15-25-00033-CV
Regular Panel Decision
Feb 19, 2025

Edith Okechukwu Omietimi v. Texas Board of Nursing

This case concerns Edith Omietimi's appeal against the Texas Board of Nursing's (BON) denial of her Licensed Vocational Nurse (LVN) license renewal. The denial stemmed from an FBI investigation, "Operation Nightingale," which uncovered a fraudulent nursing diploma scheme involving Ms. Omietimi's nursing school, Sacred Heart Houston (SHH). An Administrative Law Judge (ALJ) found no personal fraud by Omietimi but concluded that SHH's program was unapproved and did not provide education substantially equivalent to Texas standards, recommending the denial of her license renewal. The district court affirmed BON's Final Order. BON argues that the decision is supported by substantial evidence and that license renewal is a discretionary act vital for protecting public safety due to Omietimi's inadequate training.

Nursing LicenseLicense RenewalFraudulent Diploma SchemeOperation NightingaleVocational NurseNursing Education StandardsAdministrative LawJudicial ReviewDue ProcessProfessional Licensure
References
26
Case No. NO. 01-13-00108-CV
Regular Panel Decision
Sep 23, 2014

Iris Gonzalez v. Diversicare Leasing Corp D/B/A Afton Oaks Nursing Care Center A/K/A Afton Oaks Nursing and Rehab Center Diversicare Afton Oaks, LLC.

Iris Gonzalez, an employee at a nursing home, sued her employer, Afton Oaks, for personal injuries sustained after tripping over crates on an employee pathway. The trial court dismissed her lawsuit for failure to file an expert report under the Texas Medical Liability Act, categorizing it as a health care liability claim. Gonzalez appealed, arguing it was an ordinary negligence claim unrelated to health care. The Court of Appeals, relying on a recent decision in Williams v. Riverside General Hospital, Inc., held that a 'garden-variety slip-and-fall claim that is completely untethered from the provision of health care' does not constitute a health care liability safety claim. Therefore, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Slip and FallOrdinary NegligenceTexas Medical Liability ActHealth Care Liability ClaimEmployer LiabilityNursing HomePremises LiabilityWorkers' CompensationExpert ReportAppellate Procedure
References
4
Case No. 02-24-00248-CV
Regular Panel Decision
Mar 13, 2025

Granbury SNF LLC D/B/A Granbury Rehab & Nursing, Advanced HCS LLC D/B/A Advanced Healthcare Solutions, and Granbury Rehab & Nursing GS LLC v. Natalie Jackson

Natalie Jackson sued Granbury SNF LLC, Advanced HCS LLC, and Granbury Rehab & Nursing GS LLC for unlawful retaliation after reporting resident abuse. A jury found in Jackson's favor, awarding compensatory and exemplary damages. On appeal, the Appellants challenged the sufficiency of evidence for Granbury GS's involvement, mental anguish damages, exemplary damages for reprehensible conduct, and the individual capping of punitive damages. The appellate court affirmed the trial court's judgment, largely finding that Appellants failed to preserve most issues. Specifically, the court affirmed the exemplary damages against Granbury GS and the award of contingent appellate attorney's fees, citing sufficient evidence of malice and proper calculation methods for fees.

Unlawful RetaliationAbuse ReportingExemplary DamagesMental Anguish DamagesLegal SufficiencyAppellate Attorney's FeesPreservation of ErrorVice-Principal DoctrineTexas Civil Practice and Remedies CodeTexas Health & Safety Code
References
47
Case No. MISSING
Regular Panel Decision
Mar 04, 1988

In re Nurse Care Registry, Inc.

Nurse Care Registry, Inc., an agency providing health care personnel, appealed a decision by the Unemployment Insurance Appeal Board that classified its workers as employees rather than independent contractors, making Nurse Care liable for unemployment insurance contributions. The court affirmed the Board's decision, finding substantial evidence of Nurse Care's control over key aspects of the services provided by the workers. This control included client contact, worker wages, and billing/collection, which were deemed indicative of an employer-employee relationship. The court relied on precedent establishing that such control warrants an employment finding, despite workers having full-time positions elsewhere and the agency not directly supervising daily work.

unemployment insuranceemployer-employee relationshipindependent contractoradministrative lawappellate reviewlabor lawagency staffingcontrol testsubstantial evidencehealth care industry
References
4
Case No. 01-12-00581-CV
Regular Panel Decision
Oct 24, 2013

Newspaper Holdings, Inc., Integracare of Texas, LLC, and Charlotte Patterson v. Crazy Hotel Assisted Living, LTD, Crazy Hotel Assisted Living GP, LLC, Leisure Life Senior Apartment Housing II, LTD, and Charles v. Miller, Jr.

This case is an appeal from the denial of motions to dismiss a defamation, business disparagement, and tortious interference lawsuit. Appellants, Newspaper Holdings, Inc., IntegraCare of Texas, LLC, and Charlotte Patterson, published articles detailing regulatory issues and investigations at Crazy Hotel Assisted Living facility and its owner, Charles Miller. They sought dismissal under the Texas Citizens’ Participation Act (TCPA), asserting their communications were protected free speech on matters of public concern. The appellate court found it had jurisdiction, reversed the trial court's decision, holding that Appellants met the TCPA burden, and that Appellees failed to provide prima facie evidence for their claims. The court also determined the commercial speech exemption to the TCPA did not apply, remanding the case for dismissal.

DefamationBusiness DisparagementTortious InterferenceTexas Citizens' Participation Act (TCPA)Free SpeechPublic ConcernAssisted Living FacilityElder AbuseMedicaid Fraud ProbeNewspaper Articles
References
29
Case No. ADJ8990294
Regular
Oct 26, 2015

VELMA CRUZ vs. TRINITY NURSING HOME MANAGEMENT/SERRANO SOUTH CONVALESCENT HOSPITAL, SEABRIGHT INSURANCE COMPANY

This case involves an applicant seeking workers' compensation for injuries allegedly sustained as a certified nursing assistant. The Workers' Compensation Appeals Board denied reconsideration of the administrative law judge's (WCJ) decision that found no industrial injury, adopting the WCJ's reasoning that the applicant failed to meet her burden of proof regarding causation. While one commissioner dissented, advocating for further record development due to credible testimony of injury mechanisms and potentially insufficient medical evidence, the majority upheld the denial. The majority also noted that, separate from the causation issue, a post-termination provision might also bar the claim.

WCABVelma CruzTrinity Nursing HomeSerrano South ConvalescentSeabright InsuranceADJ8990294Petition for ReconsiderationAdministrative Law JudgeFindings and OrderCertified Nursing Assistant
References
2
Case No. 2017-05-0082
Regular Panel Decision
Dec 11, 2017

Emory, Wendy v. Epic Group, LP

Wendy Emory, a certified nursing assistant, suffered a low back injury while assisting a patient at an Epic Group nursing home. She sought medical and temporary disability benefits, which were initially denied or not fully provided by her employer and its insurer, Amerisure Ins. Key disputes included Ms. Emory's entitlement to TTD benefits after being taken off work by providers at Seven Springs, and Epic's failure to provide a valid panel of orthopedic physicians. The Court found in favor of Ms. Emory for TTD benefits for a specified period and ordered continued medical treatment with Dr. Douglas Wilburn, the authorized treating physician. The Court also assessed a 25% penalty against Epic for late TTD payments and referred the issue of the invalid physician panel for further penalty consideration. Mileage benefits were denied, and attorney fees are to be determined.

Workers' CompensationTemporary Total DisabilityMedical BenefitsExpedited HearingPenalty AssessmentPhysician PanelChronic PainLumbar InjuryNurse PractitionerOrthopedics
References
4
Case No. 07-08-0305-CV
Regular Panel Decision
Jun 02, 2009

Carrie Welch v. Nightingale Nurses, LLC

Carrie Welch, an EEG technician, sued Nightingale Nurses, LLC, her employer, for retaliatory discharge after she filed a worker's compensation claim for an on-the-job injury. Welch's employment contract with Nightingale Nurses, a Florida company, included a forum selection clause requiring litigation in Palm Beach County, Florida. The trial court granted Nightingale's motion to dismiss based on this clause, prompting Welch's appeal. Welch argued the clause was unenforceable due to public interest favoring a Texas forum and because it would be unreasonable and unjust. The Court of Appeals affirmed the trial court's dismissal, finding Welch failed to demonstrate any exceptions to the enforceability of the forum selection clause.

Forum Selection ClauseRetaliatory DischargeWorker's Compensation ClaimEmployment ContractTexas Labor CodeMotion to DismissAppellate ReviewAbuse of DiscretionContract EnforcementFlorida Venue
References
12
Case No. MISSING
Regular Panel Decision

Huntington Hospital v. Huntington Hospital Nurses' Ass'n

Huntington Hospital initiated an action under the Federal Arbitration Act to partially vacate an arbitration award, while the Huntington Hospital Nurses’ Association cross-petitioned to confirm it. The dispute originated from the Hospital unilaterally granting two nurses, Betty Evans and Lynn Meyer, longevity pay credits exceeding the ten-year cap stipulated in their collective bargaining agreement (CBA). The arbitrator found the Hospital violated the CBA's sections on pay and exclusive bargaining rights. The arbitrator mandated the Hospital roll back excess credits and recover overpayments. The District Court denied the Hospital's petition, dismissing arguments regarding public policy, manifest disregard for law, and lack of award finality, ultimately confirming the arbitration award.

Arbitration AwardCollective Bargaining AgreementLabor LawFederal Arbitration ActWage DisputesLongevity PayUnion RightsPublic Policy ExceptionManifest Disregard of LawContract Interpretation
References
22
Showing 1-10 of 1,899 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