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Case Law Database

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

Case No. 03-03-00580-CV
Regular Panel Decision
Jul 01, 2004

McManus-Wyatt Produce Co., Inc., D/B/A McManus-Wyatt Produce Marketing Co., Inc. v. Texas Department of Agriculture Produce Recovery Fund Board Eddy Carnes Carnes Farms, Inc. And Allen Carnes

McManus-Wyatt Produce Co. appealed a district court order affirming a decision by the Texas Department of Agriculture Produce Recovery Fund Board. The Board had awarded Carnes damages for a breach-of-contract complaint against McManus. McManus argued that the Board's administrative determination violated its state constitutional right to a jury trial for a breach-of-contract claim. The appellate court agreed, finding that the administrative scheme completely abrogated this right, which was established prior to the 1876 Texas Constitution. Consequently, the court held the Board's order unconstitutional as applied to McManus, reversing the district court's final order and vacating the Board's decision.

Jury Trial RightConstitutional ViolationBreach of ContractAdministrative Due ProcessProduce Recovery FundTexas Constitution Article I Section 15Appellate Court ReviewStatutory SchemeAgriculture LawDe Novo Review
References
16
Case No. MISSING
Regular Panel Decision

Claim of Macareno v. Son Yeng Produce, Inc.

A claimant sustained injuries while working as a delivery person for Son Yeng Produce, Inc., subsequently filing a workers' compensation claim. After several hearings, a Workers' Compensation Law Judge (WCLJ) established the case for accident, notice, and causal relationship, awarding the claimant a 10% schedule loss of use of the left foot and confirming the employment relationship. Son Yeng Produce, Inc. sought a rehearing from the Workers' Compensation Board, arguing lack of notice for a crucial hearing and disputing the employment relationship. The Board denied this application, noting that Son Yeng had proper notification and prior opportunities to contest the employment. The appellate court affirmed the Board's decision, finding no arbitrary, capricious, or abusive discretion in the denial.

Workers' Compensation LawAppellate ReviewAdministrative ProcedureRehearing ApplicationNotice RequirementEmployment StatusCausal RelationshipSchedule Loss of UseJudicial DiscretionDue Process
References
2
Case No. 2022-07-0138
Regular Panel Decision
Feb 12, 2024

Hepner, Charles v. MC Produce, LLC, d/b/a McCartney Produce

Mr. Charles Hepner, an employee, sought permanent disability benefits for neck and low back injuries sustained in February 2021 while working for MC Produce, LLC. He initially claimed permanent total disability or extraordinary benefits, but the Court denied these claims. The case involved conflicting impairment ratings from three physicians: Dr. Kyle Stephens (orthopedic surgeon, 2%), Dr. Jacob Schwarz (neurosurgeon, 25% for cervical spine), and Dr. James Wiesman (orthopedic surgeon, 3% for lumbar spine). The Court accredited Dr. Schwarz's 25% rating for the cervical spine and Dr. Wiesman's 3% rating for the lumbar spine, totaling a 27% permanent partial disability. Applying multipliers for not returning to work and age, Mr. Hepner was awarded $91,250.39 in benefits. The Court denied the education multiplier and dismissed the claim against the Subsequent Injury Fund. Future medical benefits were granted with Dr. Stephens designated as the treating physician.

Workers' CompensationPermanent Partial DisabilityCervical Spine InjuryLumbar Spine InjuryImpairment RatingMedical Expert TestimonyTennessee LawIncreased BenefitsNeurosurgeon EvaluationOrthopedic Surgeon Evaluation
References
5
Case No. MISSING
Regular Panel Decision

Claim of Brian VV. v. Chenango Forks Central School District

Petitioners filed a notice of claim after their six-year-old daughter was allegedly sexually assaulted on a school bus. The respondent, a school district, subsequently served a notice to orally examine the infant and petitioners. While petitioners submitted to examination, they refused to produce their child. The Supreme Court initially granted petitioners’ motion to strike the notice to examine the infant, deeming prior informal interviews with the child as substantial compliance. However, the appellate court reversed this decision, emphasizing that General Municipal Law § 50-h mandates a pre-action examination as a condition precedent. The court ruled that the prior interviews did not fulfill the statutory purpose and that the child's submission to an examination is required. Due to the child's young age, the matter was remitted to the Supreme Court to conduct a hearing to determine the child's competency to testify under oath before the examination takes place.

General Municipal Law § 50-hEducation Law § 3813Infant examinationSexual assault claimCondition precedentAppellate procedureCompetency hearingSchool district liabilityPre-action discoveryOath requirement
References
13
Case No. MISSING
Regular Panel Decision

Double Green Produce, Inc. v. Forum Supermarket Inc.

Plaintiff Double Green Produce, Inc. sued Defendants Forum Supermarket Inc. and Hong Wen Cai for failure to pay for wholesale produce under the Perishable Agricultural Commodities Act (PACA) and other claims. After Defendants defaulted, Plaintiff moved for default judgment. Although initially recommended for denial due to jurisdictional concerns, the Court allowed Plaintiff to submit additional information. Upon review, the Court found Forum to be a PACA 'dealer' and that Plaintiff had preserved its trust rights. The Court determined Defendants' default was willful and that Defendant Cai was personally liable for dissipating trust assets. Consequently, the Court granted Plaintiff's motion for default judgment, awarding $23,080.75 in damages, $5579.82 in prejudgment interest, and $4074.25 in attorneys' fees, totaling $32,734.82.

PACAPerishable Agricultural CommoditiesDefault JudgmentBreach of ContractStatutory TrustFiduciary DutyInterstate CommerceWholesale ProduceDamages AwardPrejudgment Interest
References
49
Case No. MISSING
Regular Panel Decision

Moore v. Eagle Sanitation, Inc.

Plaintiffs Kevin Moore and Roger Snyder filed a lawsuit against Eagle Sanitation Inc. and Michael Reali, seeking unpaid overtime compensation under the Fair Labor Standards Act (FLSA) and New York Labor Law. They moved for conditional certification as an FLSA collective action, production of contact information for potential class members from April 2005 to April 2011, and court authorization to circulate a Notice of Pendency. The court, presided over by Magistrate Judge A. Kathleen Tomlinson, granted the motion for conditional certification, finding that the plaintiffs met the lenient evidentiary standard required at this stage. Additionally, the court granted the request for defendants to produce contact information for a six-year period to account for state law claims, emphasizing judicial economy. The court also authorized the dissemination of the proposed notice, with minor modifications regarding the inclusion of defense counsel's contact details and clarification on potential costs and discovery obligations for opt-in plaintiffs.

FLSACollective ActionOvertime CompensationNew York Labor LawConditional CertificationNotice of PendencyStatute of LimitationsDiscovery of Class MembersWage and Hour DisputeEmployment Law
References
26
Case No. MISSING
Regular Panel Decision

McManus-Wyatt Produce Co. v. Texas Department of Agriculture Produce Recovery Fund Board

McManus-Wyatt Produce Co., Inc. (McManus) appealed a district court order that affirmed a decision by the Texas Department of Agriculture Produce Recovery Fund Board. The Board had awarded Eddy Carnes and Carnes Farms, Inc. $138,439.74, with $35,000 from the Produce Recovery Fund and the remainder to be paid by McManus. McManus argued that the Board's determination violated its state constitutional right to a jury trial, as a breach-of-contract suit was also pending in Hidalgo County district court. The appellate court agreed, finding that the administrative scheme completely abrogated McManus's right to a jury trial on a breach-of-contract claim, a right preserved by the Texas Constitution of 1876. Therefore, the court reversed the district court's order and vacated the Board's order, deeming it unconstitutional as applied to McManus.

Jury TrialConstitutional RightBreach of ContractAdministrative LawProduce Recovery FundTexas Agriculture CodeDue ProcessPACAAppellate ReviewVacated Order
References
16
Case No. ADJ11350389
Regular
Sep 23, 2025

JOSE PEREZ LEDESMA, Marjorie Martinez Interpreting vs. RUIZ & SON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding a prior order that ruled a notice to produce was an invalid discovery mechanism. The WCAB found that California Code of Regulations, title 8, section 10642 expressly permits the use of notices to produce in workers' compensation proceedings, similar to Civil Code of Civil Procedure section 1987(b). Therefore, the defendant was ordered to produce the relevant interpreter payment and Explanation of Review documents requested by the cost petitioner. This decision emphasizes the system's intent for a simple and nontechnical path to relief, allowing authorized discovery methods.

WCABPetition for ReconsiderationNotice to ProduceSubpoenaWCJRemovalLabor CodeCode of Civil ProcedureRule 10642Explanation of Review
References
10
Case No. MISSING
Regular Panel Decision

WW Rodgers and Sons Produce Co. v. Johnson

Relators, W.W. Rodgers and Sons Produce Company and W.W. Rodgers and Sons Trucks, Inc., sought a writ of mandamus against respondent Judge H. Dee Johnson to compel discovery. The discovery concerned witness statements and an addendum/memorandum related to an accident involving a relator's truck and a Dallas police vehicle. The trial court had previously denied the discovery, citing Tex.R.Civ.P. 186a. The appellate court affirmed the denial, concluding that the documents were not discoverable solely for impeachment purposes, as established in Russell v. Young. The court emphasized that the trial court lacked the authority to order such discovery, deeming the trial court's refusal to permit discovery proper.

MandamusDiscoveryImpeachment EvidenceTrial ProcedureAppellate ReviewJudicial DiscretionTexas LawCivil ProcedureWitness StatementsPolice Reports
References
9
Case No. MISSING
Regular Panel Decision

Donovan v. Eastern Milk Producers Cooperative Ass'n

Plaintiff Michael H. Donovan initiated legal action against Eastern Milk Producers Cooperative Association, Inc., Milk Marketing, Inc., and individuals Lewis Gardner and Edwin Schoen, alleging breach of employment contract and age discrimination under both the ADEA and New York Human Rights Law. Donovan contended his termination was age-based, while defendants cited performance issues. The court denied the defendants' motion for summary judgment, identifying genuine issues of material fact regarding both the age discrimination claim and the breach of contract. Additionally, the court granted in part and denied in part Donovan's cross-motion for summary judgment on various affirmative defenses, affirming individual liability under New York Human Rights Law but dismissing it under the ADEA.

Age DiscriminationEmployment ContractSummary Judgment MotionNew York Human Rights LawADEAIndividual LiabilityBoard DecisionBreach of ContractMcDonnell Douglas FrameworkPretext
References
25
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