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

Case No. 13-0096
Regular Panel Decision
Aug 22, 2014

What Happened in Felix vs. Weber Metals Reconsideration?

This case concerns a challenge to the constitutionality of the Medical Liability Act's ten-year statute of repose. Petitioners, Tenet Hospitals Limited and Michael D. Compton, M.D., sought summary judgment arguing the statute barred a medical negligence claim filed by Elizabeth Rivera on behalf of M.R. The alleged negligence occurred in 1996, and the suit was filed in 2011, five years after the 2003 repose statute's 2006 deadline. The trial court granted summary judgment, but the court of appeals reversed, finding the statute unconstitutional as applied to M.R. The Supreme Court of Texas reversed the court of appeals' judgment, holding that Rivera, acting as M.R.'s next friend, failed to demonstrate due diligence in filing the claim within the three-year grace period afforded by the statute. The Court also found the retroactivity challenge failed due to the compelling public interest in the Medical Liability Act and the sufficient grace period provided. Consequently, the Supreme Court rendered judgment that the plaintiff take nothing.

Medical MalpracticeStatute of ReposeOpen Courts ProvisionRetroactivityDue DiligenceMinor's ClaimConstitutional LawSummary JudgmentTexas Supreme CourtHealthcare Liability
References
26
Case No. MISSING
Regular Panel Decision

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

This opinion, authored by Chief Justice Harbison, concurs that disability for a scheduled injury is based on loss of use rather than earning capacity. However, it dissents on the grounds that the workers' compensation claim is barred by the statute of limitations. The employee sustained a wrist fracture, received medical treatment, and wore a cast for weeks, yet waited twenty years to file a claim for permanent disability. The Chief Justice argues that the employee knew or should have known of a work-related injury and disability, even without precise information, and therefore the one-year statute of limitations should apply from the date of injury or last medical payment. The opinion references Taylor v. Clayton Mobile Homes, Inc. and Jones v. Home Indemnity Co. to support the argument against extending the statute of limitations for such a long period, especially when the injury was apparent from the beginning.

Workers' CompensationStatute of LimitationsScheduled InjuryPermanent DisabilityWrist FractureLatent InjuryKnowledge of InjuryMedical ExpensesTimeliness of ClaimJudicial Dissent
References
2
Case No. MISSING
Regular Panel Decision
Jun 29, 1992

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

This case involves a plaintiff, owner of Manhattan premises, and defendants Eshkar and Jules Schapiro, whose adjacent building shared a party wall. Following rehabilitation work on Schapiro's building in 1984, minor damage to the party wall occurred. In 1989, more significant structural cracks appeared, attributed to allegedly faulty foundation work supervised by Eshkar. The trial court dismissed the plaintiff's negligence claim against Eshkar, deeming it barred by a three-year statute of limitations, which it held commenced in 1985 upon the issuance of the certificate of occupancy. The appellate court reversed this decision, ruling that the cause of action accrued in 1989 when the structural cracks became visible, aligning with the principle that the statute of limitations for damages resulting from loss of lateral support begins when such damages are sustained and become apparent.

Statute of LimitationsNegligenceReal PropertyParty WallConstruction DefectsAccrual of Cause of ActionLatent DefectsStructural DamageNew York LawAppellate Procedure
References
2
Case No. MISSING
Regular Panel Decision

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

Plaintiff Karl Davis sued attorney Bernard A. Kuttner for legal malpractice, alleging failure to pursue certain claims after a workplace injury in 1989. Kuttner moved to dismiss the lawsuit, arguing that the action was barred by the recently amended CPLR 214 (6), which shortened the statute of limitations for non-medical malpractice to three years and would have rendered Davis's claims, which accrued in 1991, time-barred by his 1997 filing against Kuttner. The court denied Kuttner's motion, ruling that applying the amended CPLR 214 (6) in this instance would unconstitutionally deprive the plaintiff of a reasonable time to bring suit, as the claims would have been immediately barred upon the amendment's effective date without legislative provision for a grace period. Consequently, the court held that the six-year statute of limitations previously in force applied, deeming Davis's claims timely.

Legal MalpracticeStatute of LimitationsCPLR 214 (6) AmendmentConstitutional LawDue ProcessRetroactivity of LawWorkers' Compensation ClaimNegligenceWorkplace InjuryMotion to Dismiss
References
27
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

The plaintiff appealed an order from the Supreme Court (Sullivan County), which dismissed their legal malpractice action against an attorney as barred by the Statute of Limitations. The plaintiff had initially retained the defendant attorney in 1981 for a workers' compensation claim, which closed in 1984 after an award for partial disability. In 1995, the plaintiff sued the attorney for negligence regarding the calculation of the average weekly wage. The Appellate Division affirmed the dismissal, rejecting the plaintiff's argument of continuous representation, stating that a professional's failure to act does not constitute such. The court found that the Statute of Limitations expired, at the latest, six years after the workers' compensation case closed in May 1984.

Legal MalpracticeStatute of LimitationsContinuous Representation DoctrineWorkers' CompensationAttorney NegligenceAppellate ReviewDismissalAffirmationNew York LawCivil Procedure
References
8
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. 09-16-00339-CV
Regular Panel Decision
Jul 26, 2018

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

This appeal concerns Sam Rayburn Municipal Power Agency's (SRMPA) lawsuit against its former attorney, Ralph J. Gillis, and his firm, alleging breach of fiduciary duty and fraud related to the 'Nisco Deal' and the 'Cambridge Project' energy initiatives. SRMPA accused Gillis of self-dealing and undisclosed personal financial gains from these projects. The trial court, following a jury verdict, denied SRMPA's claims regarding the Nisco Deal due to the statute of limitations, but awarded damages for Gillis's breach of fiduciary duty concerning the Cambridge Project. SRMPA appealed the denial of equitable relief, the limitations finding, and the quantum of damages, while Gillis, Obain, and the Jasper/VPPA Settlement Trust filed cross-appeals. The Court of Appeals affirmed the trial court's judgment across all contested issues.

Breach of Fiduciary DutyFraudulent ConcealmentEnergy ProjectsAttorney MalpracticeStatute of LimitationsEquitable ReliefDisgorgementConstructive TrustDamagesRespondeat Superior
References
59
Case No. MISSING
Regular Panel Decision

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

Charles Wayne Davidson injured his shoulder in 2001 while working for Lewis Brothers Bakery and filed a workers' compensation claim, also naming the Second Injury Fund. After a voluntary non-suit in 2004, Davidson refiled the claim later that year, after the one-year statute of limitations had run. The Fund argued that the "savings statute" (Tennessee Code Annotated section 28-1-105(a)) did not apply to claims against it due to sovereign immunity. The Supreme Court of Tennessee agreed, holding that the savings statute does not waive the Fund's sovereign immunity and thus does not "save" claims against it after the statute of limitations has expired. The court modified the trial court's order, dismissing the Second Injury Fund and removing its liability for benefits and costs.

Workers' CompensationSecond Injury FundSovereign ImmunitySavings StatuteStatute of LimitationsVoluntary Non-SuitTennessee LawAppellate ReviewPermanent Total DisabilityWorkplace Injury
References
10
Case No. MISSING
Regular Panel Decision
May 18, 1994

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The claimant, a hospital employee, stopped working due to an aggravated preexisting back condition and filed a claim for workers' compensation benefits. Her claim was initially denied, but a Workers’ Compensation Law Judge found prima facie medical evidence for an occupational back condition. Upon appeal, the Workers' Compensation Board rejected the employer's contention that the claim was barred by Workers’ Compensation Law § 28, ruling the employer had waived this defense. The employer appealed this decision. The court affirmed the Board's decision, concluding that the employer failed to raise the Statute of Limitations defense at the first hearing where all parties were present, thereby waiving the right to assert it.

Workers' CompensationStatute of LimitationsWaiverOccupational DiseaseBack InjuryEmployer LiabilityAppellate ReviewProcedural DefenseInsurance ClaimBoard Decision
References
2
Case No. 03-95-00327-CV
Regular Panel Decision
May 22, 1996

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

Crawford Heavy and Marine Construction Limited (Crawford) appealed a district court's order that affirmed a decision by the Texas Department of Transportation (TxDOT). The dispute arose from a contract for concrete repair on IH-10, where Crawford claimed TxDOT breached the contract regarding repair sites, cement type, traffic control, and delays, seeking over $476,086.00 in damages. An administrative law judge initially recommended a recovery for Crawford, but TxDOT's executive director reduced the award. Crawford then sought judicial review, claiming errors of fact and law and deprivation of property without due process. The appellate court found the district court lacked subject matter jurisdiction because no specific statute granted jurisdiction for review of TxDOT orders under the Administrative Procedure Act, and Crawford did not demonstrate a vested property right to support a due process claim. Consequently, the appellate court vacated the trial court's order and dismissed the cause for want of jurisdiction.

JurisdictionAppellate ProcedureAdministrative LawContract DisputeGovernmental ImmunityDue ProcessVested RightsSubject Matter JurisdictionJudicial ReviewTexas Court of Appeals
References
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