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

Case No. 05-19-01013-CV
Regular Panel Decision
Dec 01, 2020

Luxottica of America Inc. F/K/A Luxottica Retail North America Inc. and EyeMed Vision Care LLC, Gutman Vision, Inc., Alex Gutman, and Milana Gutman v. Jeffrey Gray, Dawn Gray and Brave Optical, Inc.

The case is an interlocutory appeal from the Fifth District of Texas at Dallas concerning the denial of motions to dismiss filed by Luxottica of America Inc. and EyeMed Vision Care LLC (Luxottica Appellants), and Gutman Vision, Inc., Alex Gutman, and Milana Gutman (Gutman Appellants). Jeffrey Gray, Dawn Gray, and Brave Optical, Inc. (Gray Appellees) sued the appellants for claims including conspiracy to commit fraud, alleging that the appellants failed to disclose crucial information during negotiations for the purchase of two Pearle Vision optical stores. Specifically, appellees claimed appellants withheld the fact that EyeMed had terminated its contract with Gutman Vision due to fraudulent billing practices prior to the sale. Appellants moved to dismiss under the Texas Citizens Participation Act (TCPA), asserting their communications were protected. The trial court denied these motions by operation of law. The Court of Appeals affirmed the denial, concluding that the appellees' claims were based on the appellants' alleged failure to disclose information or misrepresentations, rather than on communications protected by the TCPA's rights of free speech or association.

fraudconspiracyTexas Citizens Participation ActTCPAinterlocutory appealbusiness disputenondisclosureEyeMedLuxotticaPearle Vision
References
20
Case No. MISSING
Regular Panel Decision

Gonzalez v. General Motors Assembly Division

This case involves an appeal from a Workers' Compensation Board decision filed on September 17, 1979. The Board had affirmed an award to the claimant for a 100% loss of vision in their left eye, determined to be causally related to an accidental injury sustained on February 11, 1976. The appellate court found substantial evidence in the record to support the Board's determination. Consequently, the Board's decision was affirmed, with costs awarded to the Workers' Compensation Board against the employer.

Workers' CompensationVision LossEye InjuryCausalityBoard DecisionAppealSubstantial EvidenceAffirmedInjury Claim
References
0
Case No. MISSING
Regular Panel Decision

National Union Fire Insurance Co. v. Lucio Ex Rel. Lucio

This case addresses whether uncorrected or corrected vision is the standard for determining loss of sight under the Texas Workers' Compensation Act. Claimant Felipe Lucio, Jr. suffered an eye injury resulting in legal blindness, correctable with lenses. The trial court's ruling, affirmed by the appellate court, established uncorrected vision as the proper standard. The court reasoned that artificial correction does not constitute a recovery, and the loss remains permanent. Compensation for specific injuries under Section 12 is found to be independent of the workman's incapacity, clarifying prior conflicting interpretations.

Workers' CompensationVision LossCorrective LensesUncorrected VisionEye InjuryTexas LawStatutory InterpretationSpecific InjuryIncapacityLegal Blindness
References
10
Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. MISSING
Regular Panel Decision
Apr 07, 1969

Gulf Stevedore Corp. v. Hollis

Plaintiffs Gulf Stevedore Corporation and Texas Employers’ Insurance Association appealed a compensation order awarding Gabelus Picard disability benefits for the loss of his right eye under the Longshoremen’s and Harbor Workers’ Compensation Act. The primary legal question was whether the deputy commissioner, when determining a scheduled loss of vision, should consider corrected vision (with lenses) or uncorrected vision. The Court ruled that the plain language of the Act for scheduled losses does not require consideration of corrective lenses, thereby affirming the deputy commissioner's interpretation that uncorrected vision should be used. Consequently, the motions for summary judgment by the deputy commissioner and Picard were granted, denying the plaintiffs' motion. The Court also declined to issue a mandatory injunction or assess a delay penalty against the plaintiffs.

Longshoremen's ActDisability BenefitsEye InjuryVisual ImpairmentCorrected VisionScheduled LossCompensation OrderSummary JudgmentAppealDeputy Commissioner
References
17
Case No. MISSING
Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard
References
9
Case No. MISSING
Regular Panel Decision

Newman v. Tropical Visions, Inc.

The Chief Justice concurs with the majority's opinion except for its holding that a release signed by Mrs. Newman waived Tropical Visions' liability for gross negligence. The Chief Justice argues that under existing Texas case law and public policy, gross negligence cannot be waived, citing *Smith v. Golden Triangle Raceway* which held such a release void. The opinion emphasizes that gross negligence and simple negligence are distinct and separable issues in Texas, requiring different proofs of mental state and character of the act. It further asserts that actual damages can be awarded for gross negligence, serving as a predicate for exemplary damages, and notes exceptions where actual damages need not be recoverable for punitive damages. The dissent draws an analogy to worker's compensation claims where gross negligence claims survive despite waivers for ordinary negligence. The Chief Justice concludes that public policy forbids the waiver of gross negligence, and the appellees failed to establish a defense of release for the gross negligence claim as a matter of law because 'gross negligence' was not explicitly mentioned in the release.

WaiverGross NegligenceOrdinary NegligencePublic PolicyReleaseExemplary DamagesActual DamagesSummary JudgmentTexas LawContract Law
References
16
Case No. MISSING
Regular Panel Decision

Ogden v. Matrix Vision of Williamson County, Inc.

In this workers' compensation case, plaintiff Roberta Ogden sustained injuries on January 11, 1986, while working for defendant Matrix Vision. She sought treatment from Dr. David W. Gaw, who diagnosed a soft tissue strain but consistently found no permanent impairment despite her persistent pain. Ogden filed a workers' compensation complaint on April 25, 1989, over three years after the accident. The trial court dismissed her claim, ruling it was barred by the one-year statute of limitations, as her injury manifested more than a year before the filing, and subsequent voluntary payments did not revive the expired statute. The Supreme Court of Tennessee affirmed the trial court's judgment, agreeing that the claim was time-barred.

Statute of LimitationsWorkers' Compensation LawAccrual of Cause of ActionMedical DiagnosisSoft Tissue StrainPermanent ImpairmentVoluntary PaymentsTolling StatuteAppellate ReviewInjury Date
References
11
Case No. MISSING
Regular Panel Decision

Claim of Rushnek v. Ford Motor Co.

The Workers' Compensation Board ruled that Ford Motor Company was entirely responsible for a claimant's hearing loss, which began with a 13% pre-employment loss and progressed to 23.2% by retirement. Ford appealed this decision, challenging its liability for the pre-existing portion of the hearing loss, especially considering the timing of the relevant Workers' Compensation Law provisions. The court clarified that the date of disablement, in this instance, was August 1974, thus making Workers' Compensation Law § 49-ee applicable. It determined that while the last employer is generally liable for total hearing loss, an exception exists for pre-existing, occupationally caused hearing loss, allowing for reimbursement. The court reversed the Board's decision and remitted the case, instructing further proceedings to ascertain if the claimant's initial hearing loss was work-related, which would then allow Ford to seek reimbursement from prior employers.

Workers' Compensation LawOccupational hearing lossEmployer liabilityPre-existing conditionReimbursement proceduresDate of disablementAudiometric examinationAppellate reviewStatutory interpretationFord Motor Company
References
4
Case No. MISSING
Regular Panel Decision

Normile v. Allstate Insurance

Chief Judge Cooke's dissenting opinion critiques the majority's interpretation of Insurance Law section 671 (subd 2, par [b]) regarding how collateral source payments affect an insurer's aggregate $50,000 liability for basic economic loss. The dissent argues that the majority's method, which allows insurers to reduce their total liability by these payments, leads to an incomplete recovery for injured parties, particularly when total losses exceed $50,000. Cooke proposes an alternative allocation where collateral source payments are first applied to cover losses beyond the $50,000 basic economic loss threshold. This approach, he contends, ensures that insurers pay the full $50,000 in first-party benefits and only take credit for collateral sources that would otherwise result in a double recovery within the basic economic loss limit, or for amounts exceeding the $50,000 threshold. The dissenting judge asserts that the Legislature did not intend to create such an inequity, where injured individuals are left with less than full compensation while insurers avoid their primary obligation.

Insurance Law InterpretationBasic Economic LossCollateral Source PaymentsNo-Fault InsuranceWorkers' Compensation BenefitsSocial Security Disability BenefitsDissenting OpinionAggregate LiabilityFirst-Party BenefitsDouble Recovery
References
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