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

Case No. MISSING
Regular Panel Decision
Sep 13, 1983

Claim of Lubrano v. Malinet

A 16-year-old gasoline service station attendant sustained burns from an explosion after throwing a lighted match into a can with gasoline residue, an act he and another employee had previously performed without incident. The Workers’ Compensation Board affirmed the administrative law judge’s decision, ruling the injury compensable as a result of "cumulative horseplay." The employer and its carrier appealed, arguing the horseplay was an isolated, unauthorized act, contrary to employer warnings. The court reviewed precedents on compensability of horseplay, noting that exceptions typically involve foreseeable conduct or trifling deviations. The court found that throwing a lighted match into gasoline was not condoned or an incident of employment. The decision of the Board was reversed, and the claim was dismissed.

Workers' CompensationHorseplay InjuryScope of EmploymentEmployee MisconductCompensabilityGasoline StationExplosion InjuryAppellate ReviewWorkplace SafetyBoard Decision Appeal
References
8
Case No. MISSING
Regular Panel Decision
Dec 19, 1995

Esposito v. D'Orsagna

Plaintiff, an employee of a contractor, sought recovery under Labor Law § 241 (6) for injuries sustained when his pants ignited after a co-worker lit a cigarette. The incident occurred after a roof repair was completed and plaintiff had cleaned tar from his hands with gasoline. He claimed violations of 12 NYCRR 23-1.7 (h), 23-1.8 (c) (4), and 23-1.9 (d), related to corrosive substances and protective equipment. The court affirmed the dismissal of the complaint, noting the plaintiff's expert failed to include gasoline in a list of corrosive substances and that plaintiff did not demonstrate he was required to use gasoline. Furthermore, the court found the accident occurred after the work was complete and plaintiff was no longer performing duties incidental to the roof work.

Summary JudgmentLabor LawWorkplace AccidentPremises LiabilityCorrosive SubstancesGasoline IgnitionStatutory InterpretationEmployer LiabilityRoof RepairIndustrial Code
References
1
Case No. MISSING
Regular Panel Decision

Houston General Insurance Co. v. Lujan

The deceased, after being saturated with paint at work, attempted to remove it using gasoline at home. Fumes from the gasoline ignited from a water heater pilot light, leading to his death two days later. The court examined whether this injury fell under Texas Workers' Compensation law, which requires the injury to originate and manifest within the course of employment and in furtherance of the employer's business. Citing established Texas precedents, the court rejected the argument that the incident's inception at work was sufficient, and also the application of the positional risk doctrine. Consequently, the appellate court reversed the trial court's judgment, denying death benefits to the plaintiffs.

Scope of EmploymentOrigin of InjuryPositional Risk DoctrineFatal InjuryGasoline IgnitionArising out of EmploymentCourse of EmploymentAppellate ReversalDeath BenefitsStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision

Boswell v. Leemilt's Petroleum, Inc.

Plaintiffs Thomas Boswell and his family purchased property next to a gas station owned by Leemilt’s Petroleum, Inc. and leased by Getty Petroleum Corporation in September 1988, soon noticing a strong gasoline odor. They later discovered a confirmed leakage from underground storage tanks had been reported by Getty in May 1988, initiating remediation efforts by Groundwater Technology, Inc. (GTI), but plaintiffs were not informed of the contamination or pre-purchase property tests. In May 1993, Boswell learned of contamination through a GTI request to place monitoring wells and observed blackening on his home's wall, subsequently receiving formal notification from the DEC. Plaintiffs initiated legal action in September 1994, asserting claims for trespass, nuisance, and Navigation Law violations due to gasoline seepage and vapors, seeking damages and remediation costs. The Supreme Court initially granted summary judgment to defendants based on the Statute of Limitations; however, the appellate court modified this, ruling that the property damage claims accrued in May 1993 and were thus timely, while Navigation Law claims had not yet accrued.

Environmental ContaminationGasoline LeakageProperty DamageStatute of LimitationsSummary JudgmentAppellate ReviewTrespassNuisanceUnderground Storage TanksDiscovery Rule
References
9
Case No. 10-07-00160-CR
Regular Panel Decision
Apr 01, 2009

Melvin Ray Childress v. State

Melvin Childress was convicted of dating violence assault (enhanced) and aggravated assault after he poured gasoline on his girlfriend, Tamala, and threatened to ignite it. A jury found him guilty, leading to ten and forty-five-year prison sentences. Childress appealed, raising three issues: factual insufficiency of the evidence, double jeopardy, and a claim that the 'dating relationship' statute was unconstitutionally vague. The appellate court affirmed the trial court's judgment, finding the evidence factually sufficient, no double jeopardy violation, and the 'dating relationship' statute to be constitutional.

Criminal LawDating Violence AssaultAggravated AssaultFactual SufficiencyDouble JeopardyConstitutional VaguenessDating Relationship StatuteFelony EnhancementAppellate ReviewCredibility of Witness
References
33
Case No. MISSING
Regular Panel Decision
May 19, 1999

In re the Claim of Adorno

The claimant was terminated from employment as a mechanic due to misconduct, specifically engaging in personal activities like loading bags into his car and siphoning gasoline during business hours, which was captured on video surveillance. The Unemployment Insurance Appeal Board, upon reconsideration, adhered to its decision to disqualify the claimant from receiving unemployment insurance benefits. The court affirmed the Board's decision, finding substantial evidence supported the finding of misconduct, as the claimant conducted personal business on company time, regardless of his explanations. The claimant's assertions about conducting activities during lunch break were deemed a credibility issue resolved against him by the Board.

Unemployment InsuranceMisconductTermination of EmploymentVideo SurveillancePersonal Business on Company TimeCredibility IssueSubstantial EvidenceAppealUnemployment BenefitsWorker Misconduct
References
2
Case No. MISSING
Regular Panel Decision
Jun 28, 2000

In re the Claim of Rose

The claimant, a utility worker for a casino, was terminated from his employment after it was discovered that he had purchased gasoline for his personal vehicle on 14 occasions and charged it to his employer without permission. The employer's policy dictated that employees using personal vehicles for work should apply for mileage reimbursement, not directly charge fuel to the company. The Unemployment Insurance Appeal Board initially ruled that the claimant was disqualified from receiving unemployment insurance benefits due to misconduct, a decision it adhered to upon reconsideration. The appellate court affirmed the Board's decision, finding substantial evidence to support the denial of benefits based on the claimant's disqualifying misconduct.

Unemployment InsuranceMisconductEmployee TerminationEmployer Policy ViolationBenefits DisqualificationAppellate ReviewAdministrative AppealFuel TheftWorkplace MisconductPanel Decision
References
3
Case No. MISSING
Regular Panel Decision
Feb 26, 1998

Sun Coast Resources, Inc. v. Cooper

John C. Cooper sued the appellants for property damage and lost wages after purchasing defective gasoline. The trial court certified a class action, which the appellants challenged. This opinion addresses the appellants' motion for rehearing, which is denied. The court affirms the trial court's class certification order, finding that requirements such as numerosity, commonality, predominance, superiority, typicality, and adequacy of representation were met. The decision emphasizes that despite a dormant voluntary claims process, a class action is superior, especially given the small average claim size which discourages individual lawsuits, and the widespread but geographically concentrated nature of the damage.

Class Action CertificationProduct LiabilityDefective GasolineAppellate ReviewAbuse of DiscretionNumerosityCommonalityPredominanceSuperiorityTypicality
References
36
Case No. MISSING
Regular Panel Decision

E-Z Mart Stores, Inc. v. Ronald Holland's A-Plus Transmission & Automotive, Inc.

The Hollands sued E-Z Mart, Yates, and Mapco for negligence, trespass, and nuisance after gasoline leaked from a storage system and migrated to their property, causing an explosion. A jury awarded the Hollands over $550,000 in damages. On appeal, E-Z Mart challenged the legal and factual sufficiency of the evidence regarding causation and damages, and the trial court's exclusion of evidence related to Mapco. The appellate court affirmed the sufficiency of evidence for causation and damages, but found that the trial court erred by excluding evidence pertaining to Mapco's potential responsibility for the contamination. Consequently, the judgment was reversed, and the case was remanded for further proceedings consistent with the opinion.

Environmental ContaminationGasoline LeakProperty DamageNegligence ClaimNuisance ClaimCausation EvidenceSufficiency of EvidenceExclusion of EvidenceReversal and RemandAppellate Court Decision
References
29
Case No. MISSING
Regular Panel Decision

McCammon v. Neubert

Plaintiff McCammon, a painter's helper and errand boy, sustained severe hip and knee injuries in an automobile accident. The accident occurred while he was driving to get lunch for co-workers and cashing his paycheck to buy gasoline for the trip. The chancellor found that his injury arose out of and in the course of his employment, awarding him worker's compensation benefits for 100% permanent disability. Defendants appealed, contending the injury was not compensable under T.C.A. § 50-6-102(a)(4) and § 50-6-103. The appellate court affirmed the chancellor's finding, concluding there was material evidence to support that the injury was compensable, given the usual lunch practices and the benefit to the employer.

Workers CompensationEmployment InjuryArising Out Of EmploymentCourse Of EmploymentCommuting Rule ExceptionLunch Break InjuryEmployer BenefitRisk HazardFactual DeterminationAppellate Review
References
8
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