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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

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. MISSING
Regular Panel Decision

Toma v. Ahders

This case involves an appeal from a summary judgment that terminated a legal malpractice action. The Appellant, a welder, suffered a back injury and claims his employer offered to file his worker's compensation claim. After a significant delay, a worker's compensation claim was filed in 1984, which was subsequently denied by the Texas Industrial Accident Board in 1985 due to a failure to establish a compensable injury. The Appellant then initiated a legal malpractice suit against the Appellee, alleging negligence in failing to notify him of the claim denial or to appeal the adverse ruling. The trial court initially granted summary judgment against the Appellant, citing the untimeliness of the original claim. However, the appellate court reversed this decision, concluding that there was a genuine issue of material fact regarding whether the Appellant, an Iraqi refugee with limited English proficiency, acted with ordinary prudence by relying on his employer's representations to file the claim.

Legal MalpracticeSummary Judgment AppealWorker's Compensation ClaimGood Cause DefenseTimeliness of FilingEmployer RelianceLanguage BarrierDiligence StandardOrdinary PrudenceEvidentiary Burden
References
5
Case No. MISSING
Regular Panel Decision
Aug 24, 2001

Marcano v. Litman & Litman, P.C.

This case concerns an action for legal malpractice brought by a laborer who suffered a construction site injury. The plaintiff alleged that the defendant-appellant law firm, specializing in workers' compensation, committed malpractice by failing to advise him about potential third-party personal injury claims or to verify if such claims were being handled by the defendant-respondent personal injury law firm. The defendant-appellant moved for summary judgment, arguing it owed no such duty since the plaintiff had already consulted with a personal injury lawyer. However, the Supreme Court, New York County, denied this motion, a decision later unanimously affirmed by the appellate court. The appellate court found a material issue of fact, emphasizing the appellant's affirmative duty to ensure the plaintiff understood the limits of its representation and its alleged repeated assurances that his personal injury claims were "being taken care of."

legal malpracticeworkers' compensationpersonal injuryduty of caresummary judgmentlaw firmattorney-client relationshipprofessional responsibilitythird-party claimsappellate decision
References
2
Case No. 07-14-00435-CV
Regular Panel Decision
Nov 19, 2014

Ashley Denham as Parent and Legal Guardian of F.L.J.B., a Minor Child v. Texas Mutual Insurance Company

This case concerns an appeal filed by Ashley Denham, as legal guardian for Freedom Lynn Jean Burris, against Texas Mutual Insurance Company. The appeal challenges a trial court's summary judgment granted in favor of the insurer. The core dispute revolves around a worker's compensation claim following the death of Donnie Lee Burris in a motor vehicle accident, specifically whether his intoxication at the time of death absolves the insurer of liability. Appellant argues that a genuine issue of material fact exists regarding the decedent's intoxication, which was not properly addressed by the summary judgment. The appellant seeks to reverse the trial court's decision and remand the case for a trial on the merits.

IntoxicationSummary JudgmentWorker's Compensation ClaimAppellate ReviewExpert Witness TestimonyMaterial Issue of FactMedical EvidenceBlood Test AnalysisDrug LevelsDecedent Death
References
18
Case No. 02-21-00364-CV
Regular Panel Decision
Nov 18, 2021

Texas Health Huguley, Inc., D/B/A Texas Health Huguley Hospital Fort Worth South, Dr. Jason Seiden, John Does 1-5, and Jane Roes 1-5 v. Erin Jones, Individually and as Legal Representative and Next Friend of Jason Jones

Jason Jones, suffering from post-COVID-19 complications, had his wife, Erin Jones, sue Texas Health Huguley Hospital and Dr. Jason Seiden to compel Ivermectin administration. The trial court issued a temporary injunction, ordering the hospital to grant temporary privileges to Dr. Mary Talley Bowden for this purpose. The Second Appellate District of Texas at Fort Worth reversed and vacated the injunction, holding that the judiciary cannot substitute its judgment for that of medical professionals in treatment and credentialing decisions without a valid legal basis. The court found Mrs. Jones failed to prove a probable right to recovery on any viable cause of action, including alleged violations of informed consent, pandemic liability waivers, CMS waivers, or the Right to Try Act, or breaches of implied contracts or the Hippocratic Oath.

Temporary InjunctionMedical TreatmentIvermectinCOVID-19 AftereffectsHospital PrivilegesJudicial InterventionMedical DiscretionStandard of CareDeclaratory JudgmentAppellate Review
References
68
Case No. 2018 NY Slip Op 02434 [160 AD3d 475]
Regular Panel Decision
Apr 10, 2018

Encalada v. McCarthy, Chachanover & Rosado, LLP

Plaintiff, Jorge Encalada, suffered an injury in a 2001 work accident and subsequently sought legal representation from the defendant law firm, McCarthy, Chachanover & Rosado, LLP. The firm represented Encalada in a workers' compensation case until 2004. In 2007, Encalada filed a legal malpractice suit against the defendant, alleging negligence in failing to file a timely notice of claim and a personal injury lawsuit against municipal entities. The Supreme Court initially granted the defendant's motion for summary judgment, ruling the malpractice claim was time-barred by the three-year statute of limitations. However, the Appellate Division, First Department, reversed this decision. The appellate court found a triable issue of fact existed regarding whether the continuous representation doctrine tolled the statute of limitations, thereby potentially making the plaintiff's claim timely. The court also clarified that a credibility dispute regarding the plaintiff's initial conversation with the defendant was a matter for the fact-finder, not appropriate for resolution at the summary judgment stage.

Legal MalpracticeStatute of LimitationsContinuous Representation DoctrineSummary JudgmentWorkers' CompensationAppellate DivisionPersonal Injury ClaimCredibility IssueTollingLaw Firm Negligence
References
5
Case No. MISSING
Regular Panel Decision

Washington Legal Foundation v. Texas Equal Access to Justice Foundation

The Washington Legal Foundation, along with a Texas attorney and a legal services consumer, challenged the mandatory Texas Interest on Lawyers’ Trust Accounts (IOLTA) Program, alleging violations of their First and Fifth Amendment rights. They claimed the program constituted a taking of property without just compensation and compelled financial support for objectionable organizations. The Defendants, including the Texas Equal Access to Justice Foundation and Supreme Court Justices, sought summary judgment, arguing the IOLTA program did not infringe on constitutional rights and served a legitimate state interest in providing legal services to the indigent. The Court granted summary judgment in favor of the Defendants, concluding that no cognizable property interest in the IOLTA-generated interest existed and no First Amendment violations occurred. Consequently, all plaintiffs' claims were dismissed with prejudice.

Fifth AmendmentFirst AmendmentIOLTA ProgramTaking ClauseFreedom of SpeechFreedom of AssociationSummary JudgmentTexasState BarLegal Services
References
51
Case No. MISSING
Regular Panel Decision

Fireman's Fund Insurance v. Farrell

This case involves an appeal and cross-appeal in a legal malpractice action. Defendant James P. Farrell, Jr., a lawyer, represented Six G’s Contracting Corp. in a personal injury action. Farrell failed to timely notify the State Insurance Fund (SIF) of a third-party action against Six G’s, leading SIF to disclaim coverage. Six G’s assigned its malpractice claim to Joseph Gazza and Fireman’s Fund Insurance Company, the plaintiffs. The Supreme Court denied Farrell’s motion to dismiss the complaint for failure to state a cause of action and denied the plaintiffs’ cross-motion for summary judgment. The appellate court affirmed the Supreme Court’s order, concluding that the complaint sufficiently stated elements of legal malpractice and that the issue of SIF's waiver of disclaimer was a question of fact, not determinable as a matter of law.

Legal MalpracticeProfessional NegligenceInsurance DisclaimerSummary JudgmentMotion to DismissAssignment of ClaimWorkers' CompensationIndemnificationAppellate ReviewCausation
References
7
Case No. ADJ7079625
Regular
Apr 16, 2012

NOEL MORTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, SCIF STATE EMPLOYEES ROHNERT PARK

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an Amended Findings and Award. This decision was made due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB intends to thoroughly review the record to issue a just and reasoned decision, and all future filings must be submitted in writing to the Board's Commissioners.

Workers' Compensation Appeals BoardNoel MortonState of California Department of CorrectionsLegally UninsuredSCIFPetition for ReconsiderationAmended Findings and AwardReconsideration GrantedDecision After ReconsiderationOffice of the Commissioners
References
0
Case No. ADJ1415493 (MON 0254625) ADJ2515529 (POM 0136019)
Regular
Jul 22, 2011

MARIA NEVAREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This Workers' Compensation Appeals Board case involves defendant's petitions for reconsideration of two prior decisions. The Board granted these petitions to allow for further study of the factual and legal issues. This action is necessary to fully understand the record and issue a just decision. All further communications in this matter are to be directed to the Office of the Commissioners.

MARIA NEVAREZDEPARTMENT OF INDUSTRIAL RELATIONSlegally uninsuredSTATE COMPENSATION INSURANCE FUNDAdjusting AgencyJoint Findings and AwardAmended Joint Findings and AwardPetition for ReconsiderationWorkers' Compensation Appeals BoardOpinion and Order
References
0
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