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

Case No. M2009-02442-COA-R3-CV
Regular Panel Decision
Oct 28, 2010

Estate of David Holt Ralston, by John A. Ralston, Personal Representative v. Fred R. Hobbs

The personal representative of David Holt Ralston's estate filed an action to rescind twelve deeds executed by Fred R. Hobbs, the decedent's attorney-in-fact, without the decedent's knowledge and for no consideration. The properties were conveyed to Hobbs, his mother, and his daughter. The personal representative alleged breach of fiduciary duty. The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties. On appeal, Hobbs challenged the personal representative's standing, statute of limitations, the finding of fiduciary duty breach, and damage calculation. The Court of Appeals affirmed the trial court's decision on all grounds, finding the personal representative had standing, the action was timely filed, and Hobbs breached his fiduciary duty by making unauthorized gifts not in line with the principal's gifting history.

Fiduciary DutyPower of AttorneyReal Property ConversionStatute of LimitationsDeed RescissionMonetary DamagesAppellate ReviewEstate LawUndue InfluenceAttorney-in-Fact Breach
References
32
Case No. 2022 NY Slip Op 00289
Regular Panel Decision
Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

The Appellate Division affirmed the Supreme Court's judgment, which denied a petition to overturn a decision by the Office of Administrative Trials and Hearings Contract Dispute Resolution Board (CDRB). The CDRB had found that Personal-Touch Home Care's claim to use unspent Medicaid funds for fiscal year 2007 to offset workers' compensation assessment expenses from 2009-2010 was foreclosed. The court agreed that the State Department of Health (DOH) rationally interpreted its regulations, concluding that these retroactive assessments, levied due to financial mismanagement of a self-insurance trust, were not

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement
References
4
Case No. MISSING
Regular Panel Decision

Wooldridge v. TXU Electric Delivery Co.

This case concerns an appeal by Phillip Darren Wooldridge against TXU Electric Delivery Company after a trial court judgment found him partially responsible for injuries sustained from electrocution during a roofing accident. Wooldridge argued the trial court erred by not including a specific jury instruction regarding the employment status of Johnny Calhoun, a designated responsible third party, and the applicability of Texas Health and Safety Code Section 752. The trial court refused the instruction, allowing alternative theories of liability. The jury ultimately attributed varying percentages of negligence to multiple parties, including Wooldridge, Jim Gribble, Wayne’s Roofing, Johnny Calhoun, Brazos River Authority, and TXU. The appellate court affirmed the trial court's judgment, concluding that the trial court did not abuse its discretion in submitting the jury charge.

Jury InstructionElectrocution InjuryHigh Voltage LineResponsible Third PartyNegligence AttributionTexas Health and Safety CodeEmployee vs. Independent ContractorProximate CauseAppellate ReviewAbuse of Discretion
References
6
Case No. 03-11-00072-CV
Regular Panel Decision
Aug 06, 2014

State of Texas' Agencies and Institutions of Higher Learning Office of Public Utility Counsel Steering Committee of Cities Served by Oncor Oncor Electric Delivery Company, LLC// Public Utility Commission of Texas v. Public Utility Commission of Texas Office of Public Utility Counsel Steering Committee of Cities Served by Oncor// State of Texas' Agencies and Institutions of Higher Learning Steering Committee

This case is an administrative appeal concerning a final order from the Public Utility Commission (PUC) that increased rates for Oncor Electric Delivery Company, LLC. The Texas Court of Appeals, Third District, at Austin, reviewed the district court's judgment on various regulatory and financial issues. The appellate court affirmed the district court's judgment on eight of twelve issues but reversed and remanded four issues back to the Commission for further proceedings. These reversed issues included the university discount, municipal franchise-fee expenses, the calculation of 'lead days' for the franchise-tax component of cash working capital, and the federal income-tax expense. The court's decision hinged on statutory interpretation and the application of regulatory standards in the context of utility ratemaking.

Electric Utility RegulationRate IncreaseAdministrative LawAppellate ReviewTexas Public Utility CommissionOncor Electric Delivery CompanyState Universities DiscountFranchise TaxFederal Income Tax ExpenseAutomated Metering Systems
References
110
Case No. 2017-03-0832
Regular Panel Decision
Nov 17, 2017

Foust, David Michael v. Pinnacle Delivery Service

The claimant alleged a left knee injury while working as a delivery helper for Pinnacle Delivery Service, which contended he was an independent contractor and denied the injury arose from employment. The trial court found a likely employment relationship but insufficient evidence of a work-related injury, thus denying benefits. The claimant appealed but failed to provide a transcript, statement of evidence, or a brief to support his arguments. The Appeals Board affirmed the trial court's decision, deeming the appeal frivolous due to the inadequate record, and remanded the case for any necessary further proceedings, but did not award expenses to the employer.

AppealInterlocutory AppealIndependent Contractor StatusEmployment RelationshipKnee InjuryExpedited HearingFrivolous AppealInadequate RecordAppellate ProcedureBurden of Proof
References
7
Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. 03-17-00534-CV
Regular Panel Decision
Jan 02, 2018

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Management, Inc.

This is an appeal from a summary judgment in a personal injury car-crash case involving an incapacitated person, Douglas Lee Stroup (Appellant). Appellant sued Penny Harrington Taylor for negligence and MRM Management, Inc. (Appellee) for vicarious liability, alleging Taylor, a licensed real estate salesperson, was acting for MRM. Appellee's motion for summary judgment was granted, asserting Taylor was an independent contractor, thus negating vicarious liability. Appellant argues that the independent contractor agreement is void under the Texas Occupation Code, which assigns liability to brokers for their salespersons' tortious conduct. Furthermore, Appellant contends that MRM should be estopped from relying on the agreement, and that factual disputes exist regarding Taylor's employment status, joint-enterprise liability, and statutory vicarious liability under the Texas Occupations Code. Appellant seeks to reverse the trial court's order granting summary judgment, arguing sufficient evidence was presented to raise genuine issues of material fact for trial.

Personal InjuryCar CrashVicarious LiabilityIndependent ContractorReal Estate AgentReal Estate BrokerTexas Occupations CodeRespondeat SuperiorJoint EnterpriseSummary Judgment Appeal
References
22
Case No. ADJ16905183
Regular
Apr 03, 2025

KIMBERLY ARREOLA CORTES vs. OC DIRECT DELIVERY, OLD REPUBLIC INSURANCE COMPANY

Kimberly Arreola Cortes, a delivery associate, claimed a work-related injury but repeatedly failed to attend scheduled medical evaluations with QME Dr. Ryan Culver due to personal reasons and relocation. Following a petition by the defendant, OC Direct Delivery, for dismissal due to inactivity, the WCJ issued a Notice of Intention to Dismiss Case. Applicant filed a premature Petition for Reconsideration, incorrectly believing the NIT was a final order. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration, finding both applicant's petition and defendant's prior petition for dismissal premature due to errors in applying notice periods for out-of-state service, and returned the matter to the trial level for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to DismissQualified Medical EvaluatorAOE/COEOut-of-State RelocationWCAB Rule 10550Inactive Case DismissalPetition for DismissalPremature Filing
References
3
Case No. 03-94-00079-CV
Regular Panel Decision
Feb 14, 1996

Owens-Corning Fiberglas Corporation v. Barbara Wasiak Tyler Turner Boulo, as Personal Representative of the Heirs and Estate of Stanley Wasiak, James Edwin Wingate, Sr. and Jean Wingate Homer Clifton Brownlee, Sr. and Alma Brownlee And Martha Barnes, Individually

Owens-Corning Fiberglas Corporation appealed a trial-court judgment awarding compensatory and punitive damages to several appellees. The appellees, including Barbara Wasiak and other individuals, suffered wrongful death, personal injury, and loss of consortium due to exposure to "Kaylo," an asbestos-containing product manufactured by Owens-Corning. The case was tried under Alabama substantive law where the asbestos exposures occurred. Owens-Corning raised eleven points of error, challenging the exclusion of testimony regarding its financial condition, arguing that repetitive punitive damage awards violated due process, and contesting certain jury instructions. The appellate court found no error in the trial court's rulings and affirmed the judgment, concluding that the punitive damages were reasonable and consistent with legal objectives.

asbestos litigationproduct liabilitypunitive damagesmass tortdue process challengeAlabama lawTexas appellate procedurejury instructionswrongful deathpersonal injury
References
59
Case No. MISSING
Regular Panel Decision

Prescott v. CSPH, Inc.

Mitchell B. Prescott, a part-time delivery person for Domino's Pizza, was stabbed by a co-employee, Calvin Hill, during a pizza delivery run on December 16, 1991. The injury occurred for personal reasons and was not directed at Prescott as an employee. Prescott sued Domino's, alleging negligence and intentional injury in hiring Hill, citing a past criminal history. The trial court granted summary judgment in favor of Domino's, which Prescott appealed. The appellate court affirmed the summary judgment, ruling that under the Workers’ Compensation Act, injuries from third-person acts for personal reasons are not covered, and Prescott had waived common law claims by not providing written notice to opt out of the workers' compensation scheme. Additionally, the court found no specific intent by Domino's to inflict injury, thus negating the intentional injury claim.

Workers' CompensationSummary JudgmentPersonal InjuryIntentional TortNegligenceEmployer LiabilityCourse and Scope of EmploymentThird-Party InjuryStatutory InterpretationTexas Law
References
15
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