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

Case No. ADJ6687390

Regular

Sep 28, 2015

GABRIELA OCHOA RODRIGUEZ vs. PERSONA HR, TOWER INSURANCE, ACCUPRINT SERVICES

This case involves an applicant injured while employed as a printer for Persona HR and Accuprint Services, Inc. Persona HR sought reconsideration of a finding of dual employment, arguing it was denied due process by the admission of witness testimony without prior notice. The Workers' Compensation Appeals Board denied reconsideration, finding that any error in admitting the testimony was harmless as it was not relied upon for the decision. The Board affirmed the finding of dual employment based on contract language and emails, noting that an employee can have joint and several liability for compensation benefits from multiple employers.

Workers' Compensation Appeals BoardPersona HRTower InsuranceAccuprint ServicesUninsuredpetition for reconsiderationindustrial injurybilateral wristslumbar spineright knees

References

Case No. ADJ761271 (SJO 0070447)

Regular

Sep 22, 2010

Dorothy Thompson vs. GENERAL MOTORS, Permissibly SelfInsured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has declared Dorothy Thompson a vexatious litigant. This declaration follows a notice issued on September 7, 2010, to which no response was received. As a result, any future filings by Ms. Thompson in propria persona will be considered "conditionally filed." Such filings will only be deemed properly filed after a judge or the Board determines they do not violate Rule 10782(a).

Vexatious LitigantPre-filing OrderWorkers' Compensation Appeals BoardPropria PersonaRule 10782(a)Conditionally FiledPermissibly Self-InsuredSedgwick Claims Management ServicesNotice of IntentionPresiding Workers' Compensation Judge

References

Case No. ADJ6621190 (MF)

Regular

Jan 18, 2019

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Applicant Deanna Carroll was previously declared a vexatious litigant in 2016, requiring pre-approval to file any requests with the Workers' Compensation Appeals Board (WCAB). In this decision, the WCAB reviewed a Petition for Removal for Cause filed by Carroll in propria persona on December 4, 2018. Finding no significant change in circumstances or newly discovered evidence since the prior determination, the WCAB declined to accept the petition for filing. Therefore, Carroll's petition was rejected as per the vexatious litigant pre-filing order.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removal for Causein pro pernew evidencechange in lawpresiding judgelicensed attorneydeclaration of readiness

References

Case No. MISSING

Regular Panel Decision

Union Carbide Corp. v. Smith

Oliver Smith, diagnosed with mesothelioma due to asbestos exposure, sued Union Carbide Corporation and Hexion Speciality Chemicals, Inc. A jury found the defendants negligent, but the appellate court reversed this decision. It found no evidence that Union Carbide controlled the details of Smith's work, which was necessary to establish premises owner liability. Additionally, the court ruled that claims against Hexion, even as a successor-in-interest to Smith-Douglas, were barred by the exclusive remedy provision of the Texas Workers’ Compensation Act, declining to adopt the 'dual-persona' doctrine. Consequently, a take-nothing judgment was rendered in favor of Union Carbide and Hexion.

Asbestos exposureMesotheliomaWorkers' Compensation ActPremises liabilityIndependent contractorSuccessor liabilityExclusive remedyDual persona doctrineNegligenceOccupational disease

References

Case No. 01-08-00641-CV

Regular Panel Decision

Oct 01, 2009

Union Carbide & Hexion Specialty Chemicals, Inc.'s v. Oliver D. Smith and Peggy Ann Bowen Smith

Oliver D. Smith and Peggy Ann Bowen Smith sued Union Carbide Corporation and Hexion Specialty Chemicals, Inc. for Oliver's mesothelioma caused by asbestos exposure. A jury found Union Carbide and Hexion negligent. On appeal, the Court of Appeals for the First District of Texas reversed the trial court's judgment. The court found insufficient evidence that Union Carbide controlled the details of Oliver's work, which is required to establish premises owner liability under Chapter 95 of the Texas Civil Practice and Remedies Code. Additionally, the court held that the Smiths' claims against Hexion, as successor-in-interest to Smith-Douglas, were barred by the exclusive remedy provision of the Texas Workers' Compensation Act, declining to apply the 'dual-persona' doctrine.

Asbestos LitigationMesotheliomaPremises LiabilityIndependent ContractorWorkers' Compensation ActExclusive RemedyCorporate MergerSuccessor LiabilityDual-Persona DoctrineLegal Sufficiency

References

Case No. MISSING

Regular Panel Decision

Godinez v. Siena College

Plaintiff, an alumnus of Siena College, initiated a lawsuit against Siena College and Shirley Staley, a nurse employed at the Capital District Psychiatric Center (CDPC). The action stemmed from Staley's report to a crisis team about potential violent behavior by the plaintiff at his graduation ceremony, information allegedly based on statements from the plaintiff's mother. Following this, Siena College declared the plaintiff 'persona non grata' and barred him from campus. The plaintiff alleged that Staley negligently disclosed inaccurate confidential information and that Siena College negligently barred him from campus without due process. The Supreme Court granted Siena College's motion for summary judgment, dismissing the complaint against it, and subsequently dismissed the complaint against Staley at the close of the plaintiff's case. The appellate court affirmed both decisions, ruling that Siena College had the authority to ban the plaintiff as an alumnus and that the plaintiff failed to establish a prima facie case against Staley because the alleged confidential information was deemed manufactured and thus lacked confidentiality.

Student conductPersona non grataConfidentiality breachMental health informationSummary judgmentDismissal of complaintAppellate reviewEducation lawExecutive lawCivil rights

References

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GABRIELA OCHOA RODRIGUEZ vs. PERSONA HR, TOWER INSURANCE, ACCUPRINT SERVICES

Workers' Compensation Appeals BoardPersona HRTower InsuranceAccuprint ServicesUninsuredpetition for reconsiderationindustrial injurybilateral wristslumbar spineright knees

Dorothy Thompson vs. GENERAL MOTORS, Permissibly SelfInsured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removal for Causein pro pernew evidencechange in lawpresiding judgelicensed attorneydeclaration of readiness

Union Carbide Corp. v. Smith

Asbestos exposureMesotheliomaWorkers' Compensation ActPremises liabilityIndependent contractorSuccessor liabilityExclusive remedyDual persona doctrineNegligenceOccupational disease

Union Carbide & Hexion Specialty Chemicals, Inc.'s v. Oliver D. Smith and Peggy Ann Bowen Smith

Asbestos LitigationMesotheliomaPremises LiabilityIndependent ContractorWorkers' Compensation ActExclusive RemedyCorporate MergerSuccessor LiabilityDual-Persona DoctrineLegal Sufficiency

Godinez v. Siena College

Student conductPersona non grataConfidentiality breachMental health informationSummary judgmentDismissal of complaintAppellate reviewEducation lawExecutive lawCivil rights