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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

What Happened in Felix vs. Weber Metals Reconsideration?

Plaintiff David Rivera, a correctional officer, initiated a Title VII retaliation lawsuit against Defendant Eric H. Holder, Jr., alleging adverse actions after he assisted a co-worker with an EEOC complaint. Rivera's claims included an unfair performance review and unjustified Absent Without Leave (AWOL) status. Crucially, after filing his own EEOC complaint, Rivera subsequently filed for bankruptcy but failed to disclose this pending administrative proceeding in his bankruptcy petition. The Defendant moved for summary judgment, arguing judicial estoppel. The Court found Rivera's omission was not inadvertent, as he had knowledge of the claim and a motive to conceal it from creditors. Consequently, the Court granted the Defendant's motion, dismissing Rivera's complaint with prejudice based on judicial estoppel.

Judicial EstoppelSummary JudgmentBankruptcyEEOC ClaimTitle VIIRetaliationFederal Bureau of PrisonsUndisclosed AssetsPrior Inconsistent PositionFifth Circuit
References
14
Case No. 2019 NY Slip Op 01077
Regular Panel Decision
Feb 13, 2019

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This disciplinary proceeding concerns attorney Alan Michael Simon, who was previously removed from his judicial position by the New York Court of Appeals for extensive judicial misconduct. The misconduct included bullying, ethnic smearing, poor temperament, engaging in a physical altercation, repeatedly threatening officials with contempt without cause, and improperly interfering in a political election. The Grievance Committee for the Ninth Judicial District brought three charges of professional misconduct against Simon, alleging conduct prejudicial to the administration of justice, conduct adversely reflecting on his fitness as a lawyer, and conduct involving dishonesty, deceit, fraud, and misrepresentation. The court found the charges sustained under the doctrine of collateral estoppel, given the prior findings by the Court of Appeals. Despite Simon's arguments for mitigation, including his good faith and election as mayor, the court deemed his actions "truly egregious" and noted his continued lack of insight. Consequently, Alan Michael Simon was disbarred, effective immediately.

Attorney DisciplineJudicial MisconductDisbarmentProfessional MisconductCollateral EstoppelGrievance CommitteeAppellate DivisionRules of Professional ConductEthical ViolationsAttorney and Counselor-at-Law
References
4
Case No. MISSING
Regular Panel Decision
Oct 22, 1980

What Did the WCAB Decide in Cuadra vs. Community Home Care?

In a negligence action for personal injuries, the plaintiff appealed an order from the Supreme Court, Queens County, dated October 22, 1980. The order, issued by Justice Hyman, had denied the plaintiff's motion to dismiss the defense of collateral estoppel. The appellate court affirmed the order, holding that an arbitration award, even without judicial confirmation, can serve as a basis for res judicata and collateral estoppel if there was a final determination on the merits. The court referenced Kilduff v Donna Oil Corp. and distinguished Hana Heating & Air Conditioning Co. v Sheet Metal Workers Int. Assn. All other contentions raised by the plaintiff were deemed to be without merit.

NegligencePersonal InjuryAppealCollateral EstoppelRes JudicataArbitration AwardJudicial ConfirmationFinal DeterminationAppellate DecisionSupreme Court Order
References
4
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

This case addresses motions by both the defendant to dismiss the complaint and by the plaintiff to restore the action to the trial calendar and for summary judgment dismissing the defendant's defense of estoppel. The dispute stems from a motor vehicle accident on January 13, 2011, where the plaintiff, after a denial of claim from the defendant's insurer (Allstate), received a conditional settlement of $25,000 from her own insurer (USAA) under an uninsured motorist clause. The settlement required reimbursement to USAA if the plaintiff successfully recovered from the person responsible for the accident. The defendant argued that the plaintiff had irrevocably waived her right to sue by accepting this settlement, citing the doctrines of election of remedies and judicial estoppel. The court ultimately found these doctrines inapplicable, noting the conditional nature of the settlement which contemplated further action against the tortfeasor, and that the defendant failed to prove the plaintiff took an inconsistent position in a prior proceeding. Consequently, the plaintiff's motion for partial summary judgment on the issue of judicial estoppel was granted, and the defendant's motion to dismiss was denied.

Motor Vehicle AccidentUninsured MotoristConditional SettlementElection of Remedies DoctrineJudicial Estoppel DoctrineSummary Judgment MotionMotion to DismissCPLR 3211CPLR 3212Insurance Policy Interpretation
References
25
Case No. 05-01136
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

Bank Mandiri, the defendant in an underlying bankruptcy adversary proceeding, sought leave to appeal a Bankruptcy Court order that denied its motion to dismiss. The Bankruptcy Court's order, issued on October 23, 2006, pertained to a complaint filed by Michael S. Fox, the Trustee for Perry H. Koplik & Sons, Inc. ("Koplik"). The dispute originated from a letter of credit issued by Bank Mandiri's predecessor to secure Koplik's purchase of equipment from an Indonesian company. Following a default and subsequent multi-year litigation in Indonesian courts, the matter moved to U.S. bankruptcy proceedings. Bank Mandiri's motion to dismiss was based on claims of res judicata, comity, collateral estoppel, judicial estoppel, and lack of personal jurisdiction. The District Court, applying the standards of 28 U.S.C. § 1292(b), denied Bank Mandiri's motion for leave to appeal, concluding that there were no controlling questions of law with substantial grounds for difference of opinion regarding comity, res judicata, or judicial estoppel that would warrant an interlocutory appeal.

BankruptcyAdversary ProceedingInterlocutory AppealMotion to DismissComityRes JudicataJudicial EstoppelLetter of CreditInternational LawIndonesian Courts
References
20
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

Why Was Removal Denied in Rush vs. California Correctional Institution?

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. MISSING
Regular Panel Decision
Dec 06, 2001

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

The plaintiff, employed as a marine oiler by the City of New York, sustained personal injuries after slipping on oil on a barge. He initiated an action under the Jones Act, seeking damages, but the City contested his status as a 'seaman,' arguing the barge was not a 'vessel in navigation.' Initially, the Supreme Court denied the City's summary judgment motion due to judicial estoppel. However, the appellate court reversed this decision, concluding that the barge functioned primarily as a work platform, was moored, and any transportation role was merely incidental, thereby precluding the plaintiff from seaman status under the Jones Act. Additionally, the appellate court found the doctrine of judicial estoppel to have been improperly applied in this context.

Personal InjuryJones ActSeaman StatusVessel in NavigationJudicial EstoppelSummary JudgmentAppellate ReviewMaritime LawWorkers' CompensationBarge
References
10
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The Smiths appealed a summary judgment in a workers' compensation case. Beverly Smith suffered a back injury at work and settled her claim based on medical reports from doctors recommended by the appellees, American Economy Insurance Company and Lindsey & Newsom Insurance Adjusters, Inc. Subsequent diagnoses revealed a herniated disk requiring surgery and leading to permanent disability. The Smiths sued for misrepresentation and bad faith. The trial court granted summary judgment, citing ERISA preemption and judicial estoppel. The appellate court reversed, ruling that workers' compensation claims are exempt from ERISA preemption and judicial estoppel does not bar challenging a compromise settlement agreement based on alleged misrepresentations, remanding the case for trial.

ERISA PreemptionJudicial EstoppelCompromise Settlement AgreementMisrepresentationBad Faith Insurance ClaimSummary Judgment ReversalSpinal InjuryMedical MisdiagnosisAppellate ReviewTexas Law
References
9
Case No. 2024 NY Slip Op 00187
Regular Panel Decision
Jan 17, 2024

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

In this legal malpractice action, William McGlynn sued attorneys Burns & Harris, Esq., and Allison R. Keenan for failing to notify insurance carriers in a prior personal injury case, preventing him from collecting a judgment. The defendants moved for summary judgment, arguing judicial estoppel applied due to McGlynn's workers' compensation claim with an inconsistent injury theory. The Supreme Court granted summary judgment to the defendants and denied McGlynn's cross-motion to strike their answer for spoliation of evidence. On appeal, the Appellate Division, Second Department, reversed the summary judgment for the defendants, finding that multiple proximate causes for injuries are possible and the judicial estoppel doctrine might not preclude recovery. The court affirmed the denial of McGlynn's cross-motion for spoliation of evidence, determining he failed to show an obligation to preserve the evidence or a culpable state of mind.

legal malpracticesummary judgmentjudicial estoppelspoliation of evidenceproximate causeinsuranceappellate reviewattorney's dutycausationdamages
References
15
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