Skip to Navigation
The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

HOWARD INDUSTRIES, INC. v. ACE AMERICAN INSURANCE COMPANY et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:13-cv-00677 Search Pacer
ACE Group party(s): 
Opposing Party: 
Howard Industries, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Ohio
Date Filed: 
Jul 12 2013

"5. NATURE OF THE PLAINTIFF'S INJURY
ARGUMENT: On October 26. 2009. the plaintiff discovered that [his] right arm carpal tunnel syndrome could be related to [his] employment as [bonding composite fabricator "A"] for [LOCKHEED MARTIN]. A subsequent medical examination confirmed that the disease arose out of and in the course and in the course and scope of the plaintiffs employment. At the time of the plaintiffs last injurious exposure to the hazards of the disease, the plaintiff was employed by [GENERAL DYNAMICS CORPORATION] and was subject to the Workers' Compensation Act. [ESIS. Inc.], the defendant, was the workers' compensation insurance carrier for the plaintiffs employer, [General Dynamics Corporation], on [January 18. 1991 through present time], the date of the plaintiffs last injurious exposure to the hazards of the disease.

6. THE PLAINTIFF'S AVERAGE WEEKLY WAGE At the time of [the plaintiffs injury or the manifestation of plaintiff s disease], the plaintiffs average weekly wage was $ 710.64.

7. NOTICE OF INJURY AND CLAIM FOR BENEFITS The plaintiff timely filed both a notice of injury with [General Dynamics Corporation & Lockheed Martin] and a claim for benefits with the division of workers' compensation in the Texas Department Of Insurance ("division"). On [November 5. 20091. the division appeals panel rendered its final decision on the claim, in proceedings that were numbered 1 through 17. and styled plaintiffs exhibit. A copy of the decision is attached as Exhibit 14 and incorporated by reference. The plaintiff is filing this petition within 40 days after the appeals panel filed its decision.

8. EXHAUSTION OF THE PLAINTIFF'S ADMINISTRATIVE REMEDIES The plaintiff has exhausted [his] administrative remedies and is aggrieved by the following specific determinations of the appeals panel:

9. FINDS: That the claim for compensation was not timely filed under the provisions of Article 8307, Section 4a, R.C.S. Therefore, claim is denied.

9. ISSUES FOR JUDICIAL REVIEW

The plaintiff will show that the division appeals panel's determinations as provided in Paragraph 8, above, should be set aside, vacated and replaced with the following determinations on trial de novo [Qj The earliest date on which the plaintiff knew or should have known of his injury was work related is October 26. 2009,(2)Claim for workers' compensation must be filed by the injured employee or by a person acting on the injured employee's behalf within one year of the date of injury or within one year from the date the injured employee knew or should have known the injury or disease may be work-related.]

10. PRAYER FOR RELIEF
The plaintiff requests that the court cite the defendant to appear in and answer this suit, and on final trial of this cause, award to the plaintiff the following relief:
1. Judgment setting aside the following determinations of the division's appeals panel [(9) FINDS: That the  claim for compensation was not timely filed under the provisions of Article 8307, Section 4a, R.C.S. Therefore, claim is denied.]
2. Judgment for [lifetime benefits or lump-sum payment!:
3. Judgment for [ plaintiff medical costs in the sum of $10,604.801.
4. Interest on the judgment as allowed by law;
5. The award of attorney's fee enforceable in [his] own name];
6. Cost of suit; and
7. Any further relief to which the plaintiff is entitled."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

Javascript is required to view this map.