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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Campbell Cleaning & Dye Works, Inc. v. Porter

This case concerns an appeal regarding a lawsuit filed by Jack Porter and his wife against Campbell Cleaning & Dye Works, Inc. The plaintiffs sought 630 hours of overtime pay for Mrs. Porter, who worked as a laundress, under Article 5169 of Vernon’s Ann.Civ.Statutes. The defendant contended that recovery was not possible as Mrs. Porter also worked in the dry cleaning department, not exclusively the laundry. The trial court found the departments intermingled, making differentiation impossible. The appellate court affirmed the finding that the work fell under the statute but reversed the award of attorney's fees, deeming them non-recoverable.

Overtime PayLaundry IndustryDry CleaningEmployment LawWage DisputeStatutory InterpretationAttorney's FeesTexas Civil ProcedureAppeal DecisionWorker Classification
References
3
Case No. MISSING
Regular Panel Decision

Alonso v. Stanley Works, Inc.

Antonio Alonso sued his employer, The Stanley Works, Inc., alleging retaliatory discharge after his employment was terminated while on medical leave for a work-related injury, claiming it was due to his workers' compensation claim. Stanley Works moved for summary judgment, asserting Alonso was terminated under a uniformly enforced six-month leave of absence policy. The trial court granted summary judgment, finding Alonso failed to provide evidence that his termination would not have occurred but for his workers' compensation claim. The appellate court affirmed the trial court's judgment, concluding that the uniform enforcement of a reasonable absence-control policy does not constitute retaliatory discharge under the Texas Labor Code.

Retaliatory DischargeWorkers' CompensationSummary JudgmentLeave of Absence PolicyUniform EnforcementTexas Labor CodeEmployment TerminationAbsence Control PolicyAppellate ReviewWorkplace Injury
References
4
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. MISSING
Regular Panel Decision

Wyler Industrial Works, Inc. v. Garcia

Robert Garcia, a pipe-fitter's helper, filed a workers' compensation claim after a work-related injury. He was subsequently terminated by Wyler Industrial Works, Inc., who claimed it was due to a low budget and his unavailability for Saturday work. Garcia sued for wrongful termination, and a jury found Wyler discharged him for filing the claim, awarding $60,000 in damages. Wyler appealed, arguing insufficiency of evidence for both liability and damages, as well as errors in prejudgment interest and jury instructions. The appellate court affirmed the jury's findings, concluding there was sufficient evidence to support Garcia's termination due to his workers' compensation claim and the damage award, and finding no abuse of discretion in the trial court's rulings.

Wrongful TerminationWorkers' Compensation ClaimRetaliationSufficiency of EvidenceLegal InsufficiencyFactual InsufficiencyAbuse of DiscretionPrejudgment InterestJury InstructionsCollateral Source Rule
References
61
Case No. 2018 NY Slip Op 06537 [165 AD3d 667]
Regular Panel Decision
Oct 03, 2018

Matter of Heritage Mech. Servs., Inc. v. Suffolk County Dept. of Pub. Works

This case involves an appeal by Heritage Mechanical Services, Inc. (petitioner) from a judgment denying its petition to annul a determination by the Suffolk County Department of Public Works (DPW). The dispute stemmed from a general construction contract awarded to Posillico/Skanska, JV for a waste water treatment plant upgrade. Heritage was listed as a subcontractor for HVAC work, but a disagreement arose over the agreed-upon amount, with Heritage claiming a higher price for alternates not included in the initial bid figure. DPW approved Posillico's request to perform the HVAC work itself, citing Heritage's refusal as a 'legitimate construction need' under General Municipal Law § 101 (5). The Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding DPW's determination was not arbitrary and capricious, affected by an error of law, or an abuse of discretion, and thus dismissed the proceeding.

Public Works ContractSubcontractor DisputeGeneral Municipal LawCPLR Article 78Administrative ReviewArbitrary and CapriciousProject Labor AgreementHVAC SubcontractBid DisputeContractual Interpretation
References
1
Case No. ADJ6884562
Regular
Oct 04, 2010

ERIC KRUSE vs. CITY OF SAN RAFAEL, Permissibly Self-Insured

This case concerns whether a 15% reduction in permanent disability indemnity applies when an employer offers an injured employee regular work after their condition is permanent and stationary. The applicant, a parking enforcement officer, sustained a neck and elbow injury and was temporarily disabled before returning to his regular job. The employer offered regular work after the applicant's condition became permanent and stationary, but the applicant had already returned to his normal duties. The majority found that since there was no indication of permanent disability prior to the employer's offer, all permanent indemnity was payable after the offer, entitling the employer to the reduction. However, a dissenting commissioner argued that the offer lacked practical meaning as the applicant had already returned to work and that no weekly payments remained after the offer to be reduced.

Workers' Compensation Appeals BoardEric KruseCity of San Rafaelparking enforcement officerindustrial injuryneck injuryright elbow injurytemporary total disabilitypermanent and stationaryoffer of regular work
References
0
Case No. MISSING
Regular Panel Decision

Brewer v. Lincoln Brass Works, Inc.

The plaintiff, Nathan Brewer, an employee of Lincoln Brass Works, Inc., sustained a work-related back injury in 1992 and received a lump sum workers’ compensation award. Following an aggravation of his injury in 1994 and further surgeries, Mr. Brewer filed a petition for enlarged benefits under Tenn.Code Ann. § 50-6-241(a)(2). The trial court initially granted these benefits, but the workers’ compensation panel reversed, asserting that lump sum payments were final, the petition was time-barred, and findings were insufficient. The Supreme Court addressed the conflict between statutes regarding lump sum finality and award enlargement, holding that lump sum awards can be enlarged if criteria are met, but § 241(a)(2) is not the correct avenue for claims involving subsequent injuries or increased anatomical disability. Consequently, the Court dismissed Brewer’s petition without prejudice, directing that his claim for additional impairment should have been filed as a new, separate action.

Workers' Compensation BenefitsLump Sum Payment FinalityAward EnlargementAnatomical ImpairmentIndustrial Disability RatingSubsequent Work InjuryAggravation of Prior InjuryStatute of Limitations AccrualDisability Benefits ReconsiderationSpinal Disc Rupture
References
6
Case No. VNO 523244
Regular
Aug 04, 2008

ANGIE JAUREGUI vs. MERCY SOUTHWEST HOSPITAL

This case involves an employer seeking reconsideration of a workers' compensation award for an injured nurse. The employer argued their modified work offer should have reduced the permanent disability award, but the Board denied reconsideration. The Board determined the employer's work offer was not a bona fide modified work offer, and thus did not qualify for the statutory reduction.

Permanent and stationaryMedical-legal reportWork restrictionsModified workAlternative workLabor Code Section 4658(d)Permanent disability awardPetition for reconsiderationFindings and AwardWCJ
References
1
Case No. ADJ4192266 (VNO 0544329)
Regular
Mar 07, 2011

JOHN HENRY vs. CITY OF SANTA MONICA, Permissibly Self-Insured

This case involves a police officer's workers' compensation claim for multiple injuries. The applicant was awarded 85% permanent disability and an additional 15% increase due to the employer's failure to offer suitable work within 60 days of the applicant reaching permanent and stationary status. The defendant sought reconsideration, arguing it had offered work and that the applicant's post-injury earnings rebutted the diminished future earning capacity (DFEC) presumption. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The Board found the employer's work offer was invalid because the applicant had not reached permanent and stationary status for all his injuries at the time of the offer. Furthermore, the defendant failed to adequately rebut the DFEC presumption by not presenting comprehensive evidence regarding earning capacity beyond just post-injury earnings.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilitySection 4658(d)Diminished Future Earning CapacityDFECQualified Medical EvaluatorQMEAgreed Medical Examiner
References
4
Case No. 2017 NY Slip Op 08382 [155 AD3d 1049]
Regular Panel Decision
Nov 29, 2017

Matter of Soliman v. Suffolk County Dept. of Pub. Works

Nader I. Soliman, a Senior Civil Engineer for Suffolk County Department of Public Works, was terminated after an arbitration award found him guilty of misconduct for accessing unauthorized, sexually explicit websites during work hours. Soliman petitioned the Supreme Court, Suffolk County, to vacate the arbitration award, but the court denied the petition, dismissed the proceeding, and confirmed the award. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding that Soliman failed to demonstrate by clear and convincing evidence that the arbitration award was irrational or that the arbitrator exceeded their powers.

MisconductArbitration AwardVacaturCPLR Article 75Appellate ReviewPublic EmploymentTerminationEmployee MisconductRationality of AwardArbitrator Powers
References
10
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