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Case Law Database

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

Case No. 01-09-01141-CV
Regular Panel Decision
Jun 28, 2012

Union Carbide Corporation v. Daisey E. Synatzske and Grace Annette Webb, Individually and as Representatives and Co-Executrixes of the Estate of Joseph Emmite, Sr., Joseph Emmite, Jr., Dorothy A. Day, Vera J. Gialmalva and James R. Emmite

Joseph Emmite Sr. was exposed to asbestos while working for Union Carbide, leading to his death from asbestosis. His family, the Emmites, filed a wrongful death claim. Union Carbide moved to dismiss the claims, arguing that the Emmites failed to timely serve a compliant physician report as required by Chapter 90 of the Texas Civil Practice and Remedies Code. The MDL pretrial court denied Union Carbide's motions. On appeal, the Court of Appeals affirmed the MDL pretrial court's order, finding that while the submitted physician reports did not satisfy the specific pulmonary function testing requirement of Chapter 90, applying that requirement retroactively to the Emmites' case, where the deceased could not undergo such testing, would be unconstitutional under the Texas Constitution's prohibition against retroactive laws.

AsbestosisWrongful DeathRetroactive LawTexas ConstitutionChapter 90Physician ReportPulmonary Function TestingAsbestos LitigationMedical CriteriaVested Rights
References
17
Case No. MISSING
Regular Panel Decision

Union Carbide Corp. v. Synatzske

Justice Evelyn V. Keyes dissents from an en banc judgment affirming the denial of Union Carbide Corporation's motion to dismiss wrongful-death claims brought by the Emmites. The case concerns the death of Joseph Emmite, Sr., attributed to asbestos exposure, and the application of Civil Practice and Remedies Code Chapter 90, which mandates specific medical evidence for asbestos-related impairment claims. Justice Keyes argues that Chapter 90 is constitutional as applied, contending that the Emmites' "historic" pulmonary function test results were irrelevant and did not satisfy the statutory requirements. She believes the statute correctly bars claims from individuals without functional impairment, thus preserving resources for seriously ill claimants as intended by the Texas Legislature.

Asbestos LitigationWrongful DeathStatutory InterpretationConstitutional LawRetroactive ApplicationCivil Practice and Remedies CodePulmonary ImpairmentAsbestosisPublic InterestVested Rights
References
2
Case No. MISSING
Regular Panel Decision

Continental Casualty Insurance Co. v. Functional Restoration Associates

Continental Casualty Insurance Company (Continental) sought judicial review after the Texas Workers’ Compensation Commission (Commission) affirmed a decision holding Continental liable for medical treatment costs provided by Functional Restoration Associates (FRA) and Productive Rehabilitation Institute of Dallas for Ergonomics (PRIDE) to an injured employee. The trial court dismissed Continental's suit, citing a lack of statutory basis for judicial review of the Division of Medical Review (DMR) decisions. On appeal, Continental argued for both statutory and inherent rights to judicial review. The appellate court found no explicit or implied statutory right but concluded that Continental had an inherent right to judicial review because the Commission's decision affected Continental’s vested property interest (money). The court also rejected the Commission's argument regarding untimely filing. Consequently, the court reversed the dismissal and remanded the case for further proceedings to determine if the Commission's decision was arbitrary and capricious or unsupported by substantial evidence.

Judicial ReviewMedical Benefits DisputeWorkers' CompensationAdministrative LawDue ProcessProperty RightsStatutory InterpretationRemandTexas LawAppellate Court
References
30
Case No. 03-97-00103-CV
Regular Panel Decision
Mar 12, 1998

Continental Casualty Insurance Company v. Functional Restoration Associates Texas Workers' Compensation Commission And Productive Rehabilitation Institute of Dallas for Ergonomics

Continental Casualty Insurance Company (Continental) appealed a trial court's dismissal of its lawsuit against Functional Restoration Associates (FRA), Productive Rehabilitation Institute of Dallas for Ergonomics (PRIDE), and the Texas Workers' Compensation Commission (Commission). Continental sought judicial review of a Commission decision holding it liable for medical costs for an injured employee, James Hood. The trial court had dismissed the suit, citing a lack of statutory jurisdiction for judicial review of Division of Medical Review (DMR) decisions. On appeal, Continental asserted both statutory and inherent bases for jurisdiction. The appellate court found no explicit or necessarily implied statutory right to judicial review of DMR decisions. However, it concluded that Continental possessed an inherent right to judicial review because the Commission's decision directly affected Continental's vested property interest in the money it was ordered to pay. Consequently, the appellate court reversed the trial court's judgment of dismissal and remanded the cause for further proceedings, including a review of whether the Commission's decision was arbitrary and capricious or unsupported by substantial evidence.

Workers' CompensationJudicial ReviewAdministrative LawDue ProcessVested Property RightsMedical Benefits DisputeAppellate JurisdictionTexas LawStatutory InterpretationSubstantial Evidence
References
28
Case No. MISSING
Regular Panel Decision
Mar 02, 2010

Brown v. Commissioner of Social Security

Kenneth A. Brown sought judicial review of the Commissioner of Social Security's denial of his Supplemental Security Income (SSI) disability benefits claim, alleging sarcoidosis and other physical ailments. The case, heard by United States Magistrate Judge Gabriel W. Gorenstein, involved Brown's appeal of an Administrative Law Judge's decision and the Appeals Council's subsequent denial of review. Brown contended the ALJ failed to develop the record and the Appeals Council erred in not considering new evidence, including a pulmonary function test from 2007. The court found that the ALJ adequately developed the record for the relevant period and that the new evidence was not material as it related to a period after the ALJ's decision. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Brown's cross-motion was denied, leading to the dismissal of his complaint.

Social SecurityDisability BenefitsSSISarcoidosisChronic PainAdministrative Law JudgeAppeals CouncilMedical EvidenceRecord DevelopmentJudicial Review
References
15
Case No. MISSING
Regular Panel Decision

In Re Morton

Michael Wayne Morton, convicted of his wife's murder in 1987, sought post-conviction forensic DNA testing of various pieces of evidence under chapter 64 of the Texas Code of Criminal Procedure. The district court partially denied his motion, leading to this appeal. The appellate court affirmed the denial of testing for evidence related to a separate murder and for fingerprint evidence, finding these did not meet the statutory requirements of being "secured in relation to the offense" or containing "biological material." However, the court reversed the denial for a blood-stained bandana recovered near the crime scene. The court concluded that if DNA testing on the bandana yielded exculpatory results (Christine's blood and a third party's DNA), there is a greater than 50% likelihood that Morton would not have been convicted, and thus remanded the case for further proceedings concerning the bandana.

forensic DNA testingmurder convictionappealcriminal procedureexculpatory evidenceblood-stained bandanaunidentified fingerprintscircumstantial evidencetime of deathunknown intruder theory
References
12
Case No. MISSING
Regular Panel Decision
Jun 01, 2009

People v. Nunn

This case addresses whether a court's discretion to deem a misdemeanor complaint charging a drug offense as an information, without a field test or laboratory analysis, violates a defendant's due process rights. The court distinguishes People v Kalin and Matter of Jahron S., applying the three-factor test from Mathews v Eldridge. It concludes that the substantial private interest in physical liberty and the risk of erroneous deprivation necessitate a laboratory report or field test in most drug-related cases, imposing minimal burden on the prosecution. Specifically, for defendant Mr. Nunn, the misdemeanor complaint was deemed an information on June 1, 2009, after the certified laboratory analysis was filed.

Due ProcessCriminal ProcedureMisdemeanorControlled SubstanceDrug PossessionMisdemeanor InformationMisdemeanor ComplaintPrima Facie CaseLaboratory AnalysisField Test
References
21
Case No. MISSING
Regular Panel Decision
Dec 01, 2010

Commissioner of Social Services v. Dimarcus C.

The Family Court in New York County denied the appellant's motion for genetic testing and affirmed an order of filiation declaring the appellant to be the father of the subject child. The court found it was in the child's best interest to estop the respondent from denying paternity, as the respondent had consistently presented himself as the father to family, friends, and the child, providing support and care. Additionally, the 12-year-old child believed the respondent was his father. The court was not required to identify the biological father, having already dismissed a petition against another individual who was excluded by DNA testing, and a father-son relationship existed between the child and the respondent.

Paternity DisputeFiliation OrderEquitable EstoppelChild WelfareParental RightsGenetic Testing DenialAppellate ReviewFamily Court DecisionBest Interest of ChildImplied Paternity
References
1
Case No. MISSING
Regular Panel Decision
Aug 21, 2006

Perez v. Munoz

The father appealed a Family Court order from Kings County, dated August 21, 2006, which denied his petition to modify a prior visitation order and for paternity testing. Specifically, he sought to have a social worker transport his children to his place of incarceration for visitation. The appellate court affirmed the Family Court's decision, stating that the court lacked jurisdiction to compel relief against an un-summoned social worker or agency. Additionally, the denial of paternity testing was upheld, as the proper procedure for challenging or establishing paternity, without a support order being sought, is through a separate Family Court Act article 5 proceeding.

CustodyVisitationPaternity TestingIncarcerationFamily Court ActAppellate ReviewJurisdictionFamily LawParental RightsJudicial Procedure
References
3
Case No. MISSING
Regular Panel Decision

People v. Rodriguez

The defendant, indicted for resisting arrest and DWI, filed a motion to prevent the District Attorney from using evidence of his refusal to take a chemical test at trial. The defendant argued that admitting such evidence violates his Fifth Amendment rights against self-incrimination, despite a 1973 amendment to Vehicle and Traffic Law § 1194 that permitted it. The court analyzed precedents, distinguishing between the non-testimonial nature of the test itself and the communicative nature of a refusal. It concluded that a refusal constitutes a communication, thus falling under Fifth Amendment protection. Consequently, the court granted the defendant's motion, ruling that such evidence is inadmissible.

Fifth AmendmentSelf-incriminationChemical Test RefusalDWIAdmissibility of EvidenceConstitutional RightsTestimonial EvidenceImplied Consent LawPreclusion MotionCriminal Procedure
References
19
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