all - Opinion Summaries

STARVING STUDENTS, INC. v. DEPT. OF INDUS. RELATIONS

Constitutional Law, Insurance Law, Labor & Employment Law, Workers' Compensation
When a penalty is assessed against an employer who obtains workers' compensation insurance from an insurer who is not authorized to write compensation...

DIAMOND SHAMROCK REFINING CO. v. HALL

Civil Procedure, Injury & Tort Law, Labor & Employment Law, Workers' Compensation
In a wrongful death action, judgment for plaintiff is reversed where clear and convincing evidence does not support the jury's finding that...

EMPIRE HEALTHCHOICE v. MCVEIGH

Civil Procedure, Constitutional Law, Contracts, ERISA, Insurance Law, Labor & Employment Law, Workers' Compensation
In a suit for reimbursement of insurance benefits, dismissal of the action for lack of subject matter jurisdiction is affirmed where plaintiff's...

STEPHENSON v. ARGONAUT INS. CO.

Insurance Law, Labor & Employment Law, Workers' Compensation
In a suit for indemnification, dismissal of plaintiff's claim is affirmed where defendant-insurance company's policy is not ambiguous and no potential...

TUPPER v. BOISE CASCADE CORP.

Labor & Employment Law, Workers' Compensation
In a wrongful termination suit, plaintiff failed to establish a prima facie case of retaliatory discharge where he had not shown he had engaged in any...

BROWN v. PARKER DRILLING OFFSHORE CORP.

Health Law, Injury & Tort Law, Labor & Employment Law, Workers' Compensation
In a suit to recover damages for an employment-related injury, the jury erred in finding that it was unreasonable for defendant-employer to withhold...

SOUTHWESTERN BELL TEL. CO. v. GARZA

Labor & Employment Law, Remedies, Workers' Compensation
In an action for a violation of the Anti-Retaliation Law, an award of punitive damages is reversed where clear and convincing evidence did not support...

BELL v. GREG AGEE CONSTR.

Injury & Tort Law, Insurance Law, Labor & Employment Law, Workers' Compensation
Peculiar risk liability may not be imposed on a defendant-employer, even where the employer was without workers' compensation coverage at the time the...

KEENAN v. DIR. FOR THE BENEFITS REVIEW BD.

Labor & Employment Law, Workers' Compensation
In a claim for disability benefits, plaintiff is entitled to neither scheduled nor unscheduled recovery, however, he is entitled to a de minimis award...

CAHILL v. THE TRIBOROUGH BRIDGE AND TUNNEL AUTH.

Construction, Injury & Tort Law, Labor & Employment Law, Workers' Compensation
Where an employer has made available adequate safety devices, and an employee has been instructed to use them, the employee may not recover under...