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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Campbell Cleaning & Dye Works, Inc. v. Porter

This case concerns an appeal regarding a lawsuit filed by Jack Porter and his wife against Campbell Cleaning & Dye Works, Inc. The plaintiffs sought 630 hours of overtime pay for Mrs. Porter, who worked as a laundress, under Article 5169 of Vernon’s Ann.Civ.Statutes. The defendant contended that recovery was not possible as Mrs. Porter also worked in the dry cleaning department, not exclusively the laundry. The trial court found the departments intermingled, making differentiation impossible. The appellate court affirmed the finding that the work fell under the statute but reversed the award of attorney's fees, deeming them non-recoverable.

Overtime PayLaundry IndustryDry CleaningEmployment LawWage DisputeStatutory InterpretationAttorney's FeesTexas Civil ProcedureAppeal DecisionWorker Classification
References
3
Case No. 2017 NY Slip Op 08382 [155 AD3d 1049]
Regular Panel Decision
Nov 29, 2017

Matter of Soliman v. Suffolk County Dept. of Pub. Works

Nader I. Soliman, a Senior Civil Engineer for Suffolk County Department of Public Works, was terminated after an arbitration award found him guilty of misconduct for accessing unauthorized, sexually explicit websites during work hours. Soliman petitioned the Supreme Court, Suffolk County, to vacate the arbitration award, but the court denied the petition, dismissed the proceeding, and confirmed the award. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding that Soliman failed to demonstrate by clear and convincing evidence that the arbitration award was irrational or that the arbitrator exceeded their powers.

MisconductArbitration AwardVacaturCPLR Article 75Appellate ReviewPublic EmploymentTerminationEmployee MisconductRationality of AwardArbitrator Powers
References
10
Case No. MISSING
Regular Panel Decision

Lawson v. Employers Insurance

Russell C. Lawson, an employee, sued his employer's insurance carrier under the Tennessee Workmen's Compensation Law for an occupational disease. He claimed long hours and irregular shifts caused chronic anxiety and hypertension, disabling him on September 19, 1969. While doctors confirmed his condition was linked to shift work, the court ruled that shift work or long hours during a strike were not "risks connected with employment" under T.C.A. 50-1101. Furthermore, Tennessee law had not recognized psychological injury without traumatic injury. The court also found Lawson not disabled as he could perform his work on regular shifts. Consequently, the suit was dismissed.

Occupational DiseaseChronic AnxietyHypertensionShift WorkWorkers' CompensationPsychological InjuryTraumatic InjuryDisabilityStatute of LimitationsTennessee Law
References
6
Case No. MISSING
Regular Panel Decision

Alonso v. Stanley Works, Inc.

Antonio Alonso sued his employer, The Stanley Works, Inc., alleging retaliatory discharge after his employment was terminated while on medical leave for a work-related injury, claiming it was due to his workers' compensation claim. Stanley Works moved for summary judgment, asserting Alonso was terminated under a uniformly enforced six-month leave of absence policy. The trial court granted summary judgment, finding Alonso failed to provide evidence that his termination would not have occurred but for his workers' compensation claim. The appellate court affirmed the trial court's judgment, concluding that the uniform enforcement of a reasonable absence-control policy does not constitute retaliatory discharge under the Texas Labor Code.

Retaliatory DischargeWorkers' CompensationSummary JudgmentLeave of Absence PolicyUniform EnforcementTexas Labor CodeEmployment TerminationAbsence Control PolicyAppellate ReviewWorkplace Injury
References
4
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. MISSING
Regular Panel Decision

Wyler Industrial Works, Inc. v. Garcia

Robert Garcia, a pipe-fitter's helper, filed a workers' compensation claim after a work-related injury. He was subsequently terminated by Wyler Industrial Works, Inc., who claimed it was due to a low budget and his unavailability for Saturday work. Garcia sued for wrongful termination, and a jury found Wyler discharged him for filing the claim, awarding $60,000 in damages. Wyler appealed, arguing insufficiency of evidence for both liability and damages, as well as errors in prejudgment interest and jury instructions. The appellate court affirmed the jury's findings, concluding there was sufficient evidence to support Garcia's termination due to his workers' compensation claim and the damage award, and finding no abuse of discretion in the trial court's rulings.

Wrongful TerminationWorkers' Compensation ClaimRetaliationSufficiency of EvidenceLegal InsufficiencyFactual InsufficiencyAbuse of DiscretionPrejudgment InterestJury InstructionsCollateral Source Rule
References
61
Case No. ADJ8820335
Regular
Apr 17, 2017

RAHSHON LOYD vs. DOLAN CONCRETE CONSTRUCTION, OLD REPUBLIC CONTRACTORS INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This case concerns the calculation of applicant Rahshon Loyd's average weekly earnings (AWE) for temporary disability indemnity following a $100\%$ permanent and total industrial injury. The defendant argued the WCJ erred by calculating AWE based on a presumed 40-hour work week, instead of applicant's actual irregular earnings history. The Appeals Board granted reconsideration, finding that while applicant's earning capacity was relevant, his historical earnings as a union cement mason, even after attaining journeyman status, did not consistently reflect a 40-hour work week. Consequently, the Board amended the decision to calculate AWE as an average of his weekly wage over the three years prior to injury, resulting in a reduced temporary disability rate.

Workers' Compensation Appeals BoardAverage Weekly EarningsTemporary Disability IndemnityLabor Code Section 4453Earning CapacityUnion Cement MasonJourneymanPermanent and Total DisabilityVocational EvaluatorPetition for Reconsideration
References
4
Case No. MISSING
Regular Panel Decision

Carter v. Victor Chemical Works

The case concerns a widow's claim for worker's compensation following her husband, George L. Carter's, fatal work-related injury. The core dispute centers on calculating the deceased's "average weekly wage." The trial court divided his annual earnings by 52 weeks, but the petitioner argued for dividing by the actual number of weeks worked due to variations in his weekly hours. The appellate court affirmed the trial court's methodology, referencing Code, sec. 6852, which mandates dividing total annual wages by 52 for continuous employment over a year. The court distinguished between time lost due to unforeseen circumstances and normal fluctuations in work availability, deeming the latter a recognized incident of continuous employment.

Workers' CompensationAverage Weekly Wage CalculationContinuous EmploymentVariable Work ScheduleStatutory InterpretationDeath BenefitsJudicial ReviewCompensation ClaimEmployer LiabilityTennessee Law
References
7
Case No. ADJ9787852
Regular
Oct 18, 2016

CAROLINE NJOKI vs. 24 HOUR FITNESS, ACE AMERICAN INSURANCE COMPANY

This case affirms an award of temporary total disability benefits to an applicant injured while working for 24 Hour Fitness. The Workers' Compensation Appeals Board found that the employer failed to provide modified work within the applicant's medical restrictions. The employer's assertion that they offered modified work was contradicted by the applicant's credible testimony, which the Board credited. Therefore, the applicant's wage loss was deemed total, entitling her to ongoing temporary total disability benefits.

Temporary total disabilityModified workMedical restrictionsDriving restrictionCommuteGood faith offerWCJ credibilityHearsay evidenceLabor CodeRebuttal evidence
References
4
Case No. 2018 NY Slip Op 06537 [165 AD3d 667]
Regular Panel Decision
Oct 03, 2018

Matter of Heritage Mech. Servs., Inc. v. Suffolk County Dept. of Pub. Works

This case involves an appeal by Heritage Mechanical Services, Inc. (petitioner) from a judgment denying its petition to annul a determination by the Suffolk County Department of Public Works (DPW). The dispute stemmed from a general construction contract awarded to Posillico/Skanska, JV for a waste water treatment plant upgrade. Heritage was listed as a subcontractor for HVAC work, but a disagreement arose over the agreed-upon amount, with Heritage claiming a higher price for alternates not included in the initial bid figure. DPW approved Posillico's request to perform the HVAC work itself, citing Heritage's refusal as a 'legitimate construction need' under General Municipal Law § 101 (5). The Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding DPW's determination was not arbitrary and capricious, affected by an error of law, or an abuse of discretion, and thus dismissed the proceeding.

Public Works ContractSubcontractor DisputeGeneral Municipal LawCPLR Article 78Administrative ReviewArbitrary and CapriciousProject Labor AgreementHVAC SubcontractBid DisputeContractual Interpretation
References
1
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