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

Case No. 14-0797
Regular Panel Decision
Jan 07, 2015

in Re Steven C. Phillips

This case involves Steven C. Phillips, who was wrongfully imprisoned in Texas, seeking compensation under the Tim Cole Act, specifically for child support owed to Cheryl Macumber. Initially, the Comptroller determined an amount of $18,593.23 for child support arrearages and interest. After an application to cure and further review of Arkansas law regarding interest calculation, the Comptroller revised the payable amount. The final administrative decision by the Texas Comptroller of Public Accounts, documented on January 7, 2015, authorized an additional payment of $6,532.46, bringing the total child support compensation to $25,125.69, which was paid to the Texas state disbursement unit for distribution to Ms. Macumber. The case highlights the complexities of calculating child support arrearages across state lines and the application of various interest statutes in wrongful imprisonment compensation cases.

Wrongful ImprisonmentTim Cole ActChild Support ArrearagesInter-state Child SupportMandamusTexas Comptroller of Public AccountsDNA ExonerationCivil Practice and Remedies CodeFamily LawStatutory Interpretation
References
29
Case No. MISSING
Regular Panel Decision

Lyublinsky v. Barnhart

A 73-year-old disabled plaintiff, who has received Social Security Disability (SSD) benefits since 1993, brought this action to review the Commissioner's final determination concerning his benefit rate calculation. The plaintiff argued that his benefit rate was improperly calculated, citing discrepancies in earnings records and claims of discrimination. The case has a lengthy procedural history, including multiple remands from the District Court due to issues like denial of a fair hearing and lack of legal representation. The Court conducted a de novo review of the Social Security Administration's (SSA) benefit calculations, utilizing the Average Indexed Monthly Earnings (AIME) method, and found no mathematical errors. Ultimately, the plaintiff failed to present compelling evidence to disprove the SSA's records, which are considered conclusive after a statutory period. Consequently, the Commissioner's motion for judgment on the pleadings was granted, the complaint was dismissed, and the Administrative Law Judge's (ALJ) decision was affirmed.

Social Security DisabilityBenefit CalculationAIME MethodAdministrative Law JudgePro Se PlaintiffFederal Court ReviewEarnings RecordsBurden of ProofRemandJudgment on the Pleadings
References
3
Case No. MISSING
Regular Panel Decision

Claim of Reasoner v. New York State Department of Motor Vehicles

This appellate decision addresses whether the Workers' Compensation Board correctly calculated the claimant's average weekly wage. The employer and carrier argued that due to the claimant's limited employment as an MVRSAB member, the compensation rate should be based on actual earnings, not the 200 multiple outlined in Workers’ Compensation Law § 14 (3). The Board determined that neither Workers’ Compensation Law § 14 (1) nor (2) was applicable, thus applying Workers’ Compensation Law § 14 (3). It also found no evidence that the claimant voluntarily limited participation in the labor market, based on testimony of availability and continued business operation. The court affirmed the Board's calculation.

average weekly wageworkers' compensation lawcompensation rateemployment limitationlabor marketstatutory interpretationappellate reviewMVRSAB member
References
8
Case No. MISSING
Regular Panel Decision

In Re Texas EZPawn Fair Labor Standards Act Litigation

This General Order addresses Defendant Texas EZPawn, L.P.'s motion for partial summary judgment concerning the calculation of damages in Fair Labor Standards Act (FLSA) cases. Plaintiffs, former assistant store managers, allege they were improperly classified as exempt employees and denied overtime compensation. EZPawn argued for the application of the fluctuating workweek method (29 C.F.R. § 778.114) for damage calculation, citing *Blackmon v. Brookshire Grocery Company*. Plaintiffs countered that EZPawn waived this argument, the method is inapplicable, and fact issues remain. The Court denies EZPawn's motion, concluding that the fluctuating workweek method is inappropriate for misclassification cases as it is inconsistent with the remedial purposes of the FLSA, particularly the time and one-half compensation requirement for overtime, and creates adverse incentives for employers. The Court also declines to follow the Fifth Circuit precedent in *Blackmon*, deeming its reasoning flawed.

Fair Labor Standards ActOvertime CompensationEmployee MisclassificationFluctuating Workweek MethodSummary JudgmentDamages CalculationFederal Labor LawWage and Hour DisputeStatutory InterpretationCircuit Precedent
References
43
Case No. 02-15-00044-CV
Regular Panel Decision
May 12, 2016

in the Interest of M.C. and A.C., Minor Children

In this case, R.C. appealed the trial court's judgment for S.G. regarding past-due child support. The dispute originated from a 1986 divorce decree ordering R.C. to pay child support, which S.G. sought to collect over two decades later. The trial court initially awarded S.G. $139,976.43, but this order was later set aside, and a new trial was granted. Subsequently, the trial court signed a judgment for S.G. in the amount of $146,437.56, plus interest, attorney's fees, and court costs. R.C. challenged the sufficiency of the evidence for the arrearages calculation and the award of attorney's fees, and also requested a payout schedule. The appellate court affirmed the attorney's fees and the decision not to establish a payout schedule, but reversed the amount of child support arrearages, rendering judgment for S.G. in the amount of $104,862.27, which was the amount R.C. had stipulated to.

Child Support ArrearagesFamily LawAppellate ReviewSufficiency of EvidenceInterest CalculationAttorney's FeesDefault JudgmentMotion for New TrialWage AssignmentChild Support Enforcement
References
38
Case No. MISSING
Regular Panel Decision

Romero v. Albany Medical Center Hospital

The case involves an appeal from a Workers' Compensation Board decision concerning a claimant's wage expectancy calculation. The employer challenged the Board's consideration of the claimant's potential earnings as a physician, rather than a part-time nursing aide, given her age and career aspirations. The court affirmed the Board's decision, emphasizing that the rule limiting wage expectancy to similar employment does not apply in atypical situations, especially when a claimant is actively pursuing a higher-earning career path like medicine, with their current job being secondary.

Wage ExpectancyFuture EarningsWorkers' Compensation BoardAppellate ReviewCareer ProgressionAtypical EmploymentAverage Weekly WageMedical CareerPart-time WorkUnder 25 Claimant
References
3
Case No. MISSING
Regular Panel Decision

Claim of Whittaker v. Central Square Central School District

The claimant appealed the Workers’ Compensation Board's calculation of his average weekly wage following a work-related injury to his right elbow and hand. The Board used a 200 multiplier under Workers’ Compensation Law § 14 (3), which the claimant contended did not accurately reflect his annual salary as a school bus driver working 10 months a year. The court found that applying a 200 multiplier, although a minimum, was erroneous as it did not rationally correspond to the claimant's actual work days and resulted in an average weekly wage that was not fair or reasonable. Therefore, the court reversed the Board's decision and remitted the case back to the Workers’ Compensation Board for further proceedings consistent with its ruling.

Average Weekly WageWorkers' Compensation Law200 MultiplierAnnual Salary CalculationSchool Bus DriverWork-Related InjuryJudicial ReviewError in CalculationRemittal
References
1
Case No. MISSING
Regular Panel Decision
Mar 20, 2000

Claim of Hamm v. USF Red Star

A truck driver, referred to as 'claimant', was injured while crossing a street to get a meal before starting a new assignment. The Workers’ Compensation Board found the injury compensable, categorizing the claimant as an 'outside employee' entitled to expanded coverage. The employer and its insurance carrier appealed, arguing the accident occurred during a deviation from employment. The court affirmed the Board's decision, ruling that the activity was reasonable and within the course of employment. The court also dismissed an appeal concerning the calculation of benefits due to abandonment by the claimant.

Traveling EmployeePortal-to-Portal CoverageCourse of EmploymentDeviation from EmploymentCompensable InjuryAccidentTruck DriverMeal BreakOff-Duty InjuryBoard Resolution
References
7
Case No. 2015-07-0467
Regular Panel Decision
May 06, 2016

Parrish, Robert v. Digit Dirt Worx

This case involves an expedited hearing initiated by employee Robert Parrish, who sought additional temporary disability benefits, arguing that his weekly compensation rate was incorrectly calculated by his employer, Digit Dirt Worx. Mr. Parrish claimed he worked only twenty weeks, not the twenty-three weeks calculated by Digit Dirt Worx. The employer, Digit Dirt Worx, argued the request for an expedited hearing was untimely and that their compensation rate calculation was correct, utilizing a period of twenty-three weeks and five days, which resulted in a higher rate for Mr. Parrish than his own calculations. The Court addressed the timeliness issue, excusing the ten-day late filing due to Mr. Parrish's clear intent to prosecute the claim. However, on the merits, the Court denied Mr. Parrish's claim, finding insufficient evidence to support his argument for a different compensation rate and concluding that Digit's calculation was consistent with Tennessee law.

Expedited HearingTemporary Disability BenefitsWeekly Compensation RateWage CalculationTimeliness of FilingDispute Certification NoticeAverage Weekly WageFortuitous CircumstanceTruck Driver EmploymentFile Review Decision
References
7
Case No. 13-11-00592-CV
Regular Panel Decision
Nov 29, 2012

in the Interest of Z.M.R., a Child

David George Rodriguez appealed the foreclosure of his inmate trust account for child support arrearages, challenging the trial court's denial of his request for a bench warrant or to appear via teleconference/video. He also contested the retroactive application of Family Code section 154.062 and the definition of "net resources." The appellate court found no abuse of discretion in denying his physical presence, noting he was afforded other means to present evidence, such as affidavits. Furthermore, the court clarified that child support lien collection under section 157.317 does not require a net resources calculation or exempt monetary gifts. Consequently, the trial court's judgment was affirmed.

Child Support ArrearagesInmate Trust AccountForeclosure LienBench WarrantTeleconference AppearanceVideo AppearanceAccess to CourtsNet Resources DefinitionFamily CodeAppellate Review
References
17
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