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Respondent Lozano was driving an 18-wheel tractor trailer, owned by JNM Express and leased to ANCA Transportation, when he fell asleep and crashed into another tractor trailer.
Treatment falling outside Health Care Practice Guidelines could still be reasonable and necessary and thus compensable under workers' compensation, such that the Industrial Accident Board was not obligated to take judicial notice of the Guidelines where some of a claimant's treatment fell outside them.
Failure to Comply with Statute Results in Preclusion from Contesting Claims
Good River Farms, a pecan farm, and TXI Operations/Martin Marietta, a strip mining operation, operated on opposite banks of the Colorado River near Austin, Texas.
Appeals & Motions List released on:May 2, 2024
Handdown List released on:May 1, 2024
Court dismissed worker's complaint against employer and union where there was no evidence that they acted arbitrarily after worker was not recalled following a seasonal layoff where the CBA only protected seniority rights for 30 days following a layoff. Defendants' motion to dismiss denied.
Summary Judgment Motions Denied in Labor Law Section 240(1) Claim
Trial court erred in dismissing complaint alleging wrongful termination under the Medical Marijuana Act by deciding the disputed issue of the basis for employer's decision to terminate worker who held a medical marijuana card. Order of the trial court reversed, case remanded.
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