Attorney John R. Walker's Legal Cases

Litigation

Facility Ins. Corp. v. Gibbs, 298 S.W.2d 791 (Tex. App. -Eastland 2009).

Oct 08, 2009

OUTCOME: prevailed

The court of appeals held that a trial court's jurisdiction reviewing an entitlement to Lifetime Income Benefits under the Texas Workers Compensation Act- LIBs was limited to the claimant's entitlement ... as of the date such entitlement was found by the Division, and the court could not determine whether the claimant was entitled as of some later date, as that issue had not first been adjudicated by the Division.

Workers compensation

S.H. v. E.W. Saybolt & Co., 43 BRBS 882 (ALJ 2009)

Sep 24, 2009

OUTCOME: ALJ granted Summary Decision

The Claimant had returned to gainful employment for 14 years, while receiving benefits from the Special Fund under Section 8(f) of the LHWCA. Employer and Carrier filed a Section 22 Modification Requ ... est on Claimant's undisputed earnings. The Administrative Law Judge granted the Motion and the Special Fund recieved a credit of roughly $250,000.

Personal injury

In re Contractors Supplies, Inc., 2009 Tex. App. LEXIS 6396 (Tex. App. Tyler Aug. 17, 2009).

Sep 01, 2009

OUTCOME: Prevailed at Court of Appeals.

Former employee, a 45 pack/year cigarette smoker, sought to give deposition to preserve testimony in support of allegations in lawsuit alleging gross negligence against his former Employer. The trial ... court ordered the deposition. The Tyler Court of Appeals conditionally granted Writ of Mandamus instructing trial court of deny deposition based upon lack of evidence, and ordered dismissal of case. Case dismissed.

Litigation

R.C. v. Caleb Brett, LLC, 43 BRBS 75 (BRB 2009).

Apr 16, 2009

OUTCOME: BRB Reversed ALJ on Chiropractic Care

The Claimant obtained ultrasound and massage therapy from a chiropractor, and sought reimbursement under the LHWCA in violation of 20 CFR 702.404. The ALJ denied Chiropractic Care and the BRB reversed ... , but did not order payment for care.

Litigation

Levingston Ship Building Co. v. Pelaez, 312 Fed. Appx. 711 (5th Cir. 2009)

Mar 05, 2009

OUTCOME: Prevailed.

Fifth Circuit Court of Appeals found no liability on the last employer in an asbestos exposure death claim under the Longshore and Harbor Workers Compensation Act-LHWCA, affirming the decision of the B ... enefits Review Board and the Administrative Law Judge.

Workers compensation

Pelaez v. Levingston Ship Building Co., 40 BRBS 529 (ALJ 2006)

Dec 31, 2006

OUTCOME: Prevailed on LHWCA asbestos exposure claim.

Federal workers compensation claim for death benefits allegedly as a result of workplace exposure to asbestos. Benefits Review Board affirmed dismissal by Administrative Law Judge because there was no ... evidence that Employer had asbestos on worksite.

Admiralty and maritime

Do v. U.S. Dept. of Agriculture, 20 CIT, 254, 427 F. Supp. 2d 1224 (CIT 2006).

Feb 28, 2006

OUTCOME:

Whether individual shrimp boats qualify as "producers" for Trade Adjustment Assistance (TAA) protection for U.S. fisherman.

Litigation

In Re Vulcan Materials Co., 2005 Tex. App. LEXIS 6952 (Tex. App. --Corpus Christi, 2005).

Aug 24, 2005

OUTCOME:

Mass Tort Claim alleging silicosis personal injuries as a result of claimed workplace exposures.

Litigation

In Re Kelco Sales & Engineering Co., 2005 Tex. App. Lexis 7165 (Tex. App. --Corpus Christi, 2005).

Aug 24, 2005

OUTCOME: Clients dismissed.

Mass Tort Claim alleging personal injuries causing silicosis as a result of workplace exposures.

Litigation

In Re J. Ray McDermott, Inc., 2005 Tex. App. LEXIS 4875 (Tex. App. --Corpus Christi, 2005).

Jun 23, 2005

OUTCOME: Clients dismissed.

Mass Tort Claim alleging products liability claim alleging personal injuries causing silicosis as a result of workplace exposures to silica products.

John R. Walker's Legal Cases (28)

Facility Ins. Corp. v. Gibbs, 298 S.W.2d 791 (Tex. App. -Eastland 2009).

S.H. v. E.W. Saybolt & Co., 43 BRBS 882 (ALJ 2009)

In re Contractors Supplies, Inc., 2009 Tex. App. LEXIS 6396 (Tex. App. Tyler Aug. 17, 2009).

R.C. v. Caleb Brett, LLC, 43 BRBS 75 (BRB 2009).

Levingston Ship Building Co. v. Pelaez, 312 Fed. Appx. 711 (5th Cir. 2009)

Pelaez v. Levingston Ship Building Co., 40 BRBS 529 (ALJ 2006)

Do v. U.S. Dept. of Agriculture, 20 CIT, 254, 427 F. Supp. 2d 1224 (CIT 2006).

In Re Vulcan Materials Co., 2005 Tex. App. LEXIS 6952 (Tex. App. --Corpus Christi, 2005).

In Re Kelco Sales & Engineering Co., 2005 Tex. App. Lexis 7165 (Tex. App. --Corpus Christi, 2005).

In Re J. Ray McDermott, Inc., 2005 Tex. App. LEXIS 4875 (Tex. App. --Corpus Christi, 2005).