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Case Law Database

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

Case No. MISSING

Regular Panel Decision

Adkins v. Consolidated Coal Co.

This workers' compensation appeal concerns a plaintiff found 100 percent totally and permanently disabled due to coal miner's pneumoconiosis. The trial court initially held Consolidated Coal Company and the Second Injury Fund each liable for 50% of the award. Consolidated Coal Company dismissed its appeal, leaving the Second Injury Fund as the sole appellant. The Fund argued it should not be liable, citing precedents like Huddleston v. P & L Coal Co. and Moore v. Old Republic Insurance Co., which established that the last employer is solely liable for occupational diseases like pneumoconiosis and the Second Injury Fund is not. The appellate panel agreed, reversing the trial court's judgment that ordered the Second Injury Fund to pay 50% of the award, also noting that Dr. Baker's testimony regarding prior disability was speculative.

Workers' CompensationPneumoconiosisOccupational DiseaseSecond Injury FundEmployer LiabilityAppellate ReviewMedical TestimonyCoal MiningDisability BenefitsTennessee Law

References

Case No. MISSING

Regular Panel Decision

Smith v. Fentress Coal & Coke Co.

Fannie Smith sued Fentress Coal and Coke Company for workers' compensation following the death of her husband, Thurman Smith, who died of arsenic poisoning. Smith, a coal miner, became ill in the defendant's mine in March 1946 and died in November 1946. The petitioner argued his death was an accidental injury resulting from arsenic exposure from corroded copper wires in the mine. However, expert medical testimony refuted that the trace amounts of arsenic in the wires could cause poisoning, and a fellow worker who shared Smith's coffee also became violently ill. Both the trial court and the appellate court found the claim speculative, concluding that the death was not an accidental injury under the Workmen's Compensation Act, nor an occupational disease covered by the 1947 amendment. The trial court's decision to dismiss the petition was affirmed.

Workers' CompensationAccidental InjuryOccupational DiseaseArsenic PoisoningCoal MiningCausationSpeculative EvidenceMedical Expert TestimonyPreponderance of EvidenceTennessee Law

References

Case No. 10-93-224-CV

Regular Panel Decision

May 18, 1994

Subsequent Injury Fund of the State of Texas (Formerly the Second Injury Fund) v. Larry Milligan

The Subsequent Injury Fund appeals a judgment awarding Larry Milligan lifetime benefits for injuries sustained at work. Milligan suffered two ankle injuries in 1987 and a third in 1989, leading to the total loss of use of both feet. He sued the Fund for lifetime benefits after settling with the workers' compensation carrier. The jury found permanent, total loss of use of both feet. The Fund challenged its statutory liability for lifetime benefits and the court's refusal to submit a jury question on total and permanent incapacity. The appellate court affirmed, finding the first issue unpreserved and the second resolved by a statutory conclusive presumption of total and permanent incapacity for the loss of both feet.

Workers' Compensation LawSubsequent Injury FundLifetime BenefitsTotal Permanent IncapacityAnkle InjuriesStatutory InterpretationAppellate ReviewJury InstructionsConclusive PresumptionOccupational Injuries

References

Case No. MISSING

Regular Panel Decision

Huddleston v. P & L Coal Co.

Employee Earl P. Huddleston, suffering from coal worker’s pneumoconiosis, was awarded total permanent disability benefits. The employer, P & L Coal Company, and its insurer appealed this award. Huddleston had a history of lung disease from years in coal mining and had previously applied for Federal Black Lung benefits, which were later terminated due to his employment with P & L Coal. The court considered whether the employer was liable under state law (T.C.A. § 50-1106) for injurious exposure during Huddleston's nine-month employment, or if federal regulations on 'responsible operator' (requiring one year of employment) applied. The appellate court affirmed the trial judge's decision, finding sufficient evidence of injurious exposure under Tennessee law, making P & L Coal Company liable despite the short employment period.

Workers' CompensationPneumoconiosisBlack LungOccupational DiseaseTotal Permanent DisabilityInjurious ExposureSuccessive EmployersState LawFederal RegulationsCoal Mining

References

Case No. MISSING

Regular Panel Decision

Moore v. Old Republic Insurance Co.

Both plaintiffs, Jimmy Ray Moore and Alonzo Moore, coal miners, alleged total and permanent disability due to coal worker's pneumoconiosis under Tennessee's Workmen’s Compensation Law. The Chancellor found them totally disabled due to the occupational disease and that the cases fell under the "Second Injury Fund," with benefits limited by the Federal Coal Mine Health and Safety Act of 1969. The defendants appealed, challenging the constitutionality of state law, the applicability of total disability provisions, and the Second Injury Fund's role. The Court upheld the constitutionality of T.C.A. § 50-1105 and affirmed the finding that plaintiffs were totally disabled solely due to pneumoconiosis. However, the Court reversed the Chancellor's ruling on the "Second Injury Fund," holding it inapplicable in such cases as they are governed by federal law. The consolidated cases were therefore remanded to the Chancery Court for Knox County for further proceedings consistent with this opinion.

Coal miningPneumoconiosisOccupational diseaseTotal permanent disabilitySecond Injury FundStatutory interpretationConstitutional challengeFederal Coal Mine Health and Safety ActTennessee lawDisability benefits

References

Case No. No. 08-07-00346-CV

Regular Panel Decision

Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal

References

Case No. MISSING

Regular Panel Decision

Burris v. Cross Mountain Coal Co.

This case involves an appeal by the Tennessee Department of Labor, Second Injury Fund, concerning the apportionment of workers' compensation benefits. Robert Burris, a coal miner, suffered a second back injury leading to permanent and total disability. The Chancery Court of Campbell County ordered the Second Injury Fund to pay 70% of the benefits and the employer, Cross Mountain Coal Company, to pay 30%. The Supreme Court addressed whether T.C.A. § 50-6-208 subsection (a) or (b) should govern the apportionment. The Court concluded that subsection (b) applied due to Burris's prior workers' compensation award for permanent disability, making the Second Injury Fund liable for the percentage exceeding 100% combined disability. Consequently, the Supreme Court reversed the trial court's apportionment, holding the Fund liable for 30% and the employer for 70%. However, the Court affirmed the lump sum award for Mr. Burris, recognizing his established need for housing.

Workers' CompensationSecond Injury FundApportionment of BenefitsTotal Permanent DisabilityLump Sum AwardStatutory InterpretationEmployer LiabilityPre-existing DisabilityCoal Mining InjuryBack Injury

References

Case No. MISSING

Regular Panel Decision

Johnson v. Second Injury Fund

Walter Johnson, who had previously lost vision in his right eye, suffered an injury at work resulting in the loss of vision in his left eye, leaving him totally and permanently disabled. He received benefits from Texas Employer’s Insurance Association and the Second Injury Fund. Johnson and his wife then sued Texas Industries, Inc. for negligence. Both TEIA and the Second Injury Fund intervened, seeking subrogation rights. The trial court denied the Second Injury Fund's claim to subrogation, but the court of appeals reversed. The Texas Supreme Court reviewed whether the Second Injury Fund is subrogated to Walter Johnson's rights in his personal injury suit. The Court concluded that subrogation is a legislative creation and the statute funding the Second Injury Fund explicitly enumerates funding methods without including subrogation. Therefore, the Supreme Court reversed the court of appeals' judgment and affirmed the trial court's decision, denying subrogation for the Second Injury Fund.

SubrogationSecond Injury FundWorkers' CompensationStatutory InterpretationExpressio Unius Est Exclusio AlteriusTotal DisabilityPersonal InjuryTexas Supreme CourtFunding MechanismsLegislative Intent

References

Case No. MISSING

Regular Panel Decision

Mar 05, 1974

Tennessee Valley Authority v. Mason Coal, Inc.

The Tennessee Valley Authority (TVA) sought a permanent injunction against Mason Coal, Inc. to enforce a coal supply contract. Mason Coal halted deliveries, prompting TVA to seek judicial intervention due to an acute coal shortage and the critical need for power generation. The court determined that a valid contract existed between the parties, despite Mason Coal's refusal to formally execute it. Due to the unique nature of the specified coal, the energy crisis, and TVA's inability to secure alternative supplies, the court found TVA's legal remedies inadequate. Emphasizing the paramount public interest in a reliable electricity supply, the court granted the permanent injunction, ordering Mason Coal to resume deliveries while requiring TVA to make outstanding payments for past coal received.

Contract DisputeSpecific PerformancePreliminary InjunctionPermanent InjunctionCoal SupplyEnergy ShortageGovernment ContractsUnique GoodsInadequate Remedy at LawPublic Interest

References

Case No. MISSING

Regular Panel Decision

Second Injury Fund v. Martinez

Vera Martinez, an injured worker, sought compensation after a workplace injury combined with a pre-existing condition resulted in total permanent incapacity. The Industrial Accident Board initially awarded her limited compensation. Martinez appealed this decision, filing suit against her compensation carrier and, over seven months later, against the Second Injury Fund. The appellate court addressed whether the statutory 20-day period for filing suit after appealing an Industrial Accident Board decision applies to claims against the Second Injury Fund. The court held that this jurisdictional prerequisite applies, and because Martinez failed to timely file suit against the Second Injury Fund, the trial court lacked jurisdiction over the Fund. Consequently, the judgment against the Second Injury Fund was reversed.

Workers' CompensationSecond Injury FundTexas LawJurisdictionTimelinessStatutory InterpretationAppellate ProcedureIndustrial Accident BoardPermanent IncapacityPolio

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Adkins v. Consolidated Coal Co.

Workers' CompensationPneumoconiosisOccupational DiseaseSecond Injury FundEmployer LiabilityAppellate ReviewMedical TestimonyCoal MiningDisability BenefitsTennessee Law

References

Case No. MISSING

Regular Panel Decision

Smith v. Fentress Coal & Coke Co.

Workers' CompensationAccidental InjuryOccupational DiseaseArsenic PoisoningCoal MiningCausationSpeculative EvidenceMedical Expert TestimonyPreponderance of EvidenceTennessee Law

References

Case No. 10-93-224-CV

Regular Panel Decision

May 18, 1994

SubrogationSecond Injury FundWorkers' CompensationStatutory InterpretationExpressio Unius Est Exclusio AlteriusTotal DisabilityPersonal InjuryTexas Supreme CourtFunding MechanismsLegislative Intent

References

Case No. MISSING

Regular Panel Decision

Mar 05, 1974

Tennessee Valley Authority v. Mason Coal, Inc.

Contract DisputeSpecific PerformancePreliminary InjunctionPermanent InjunctionCoal SupplyEnergy ShortageGovernment ContractsUnique GoodsInadequate Remedy at LawPublic Interest

References

Case No. MISSING

Regular Panel Decision

Second Injury Fund v. Martinez

Workers' CompensationSecond Injury FundTexas LawJurisdictionTimelinessStatutory InterpretationAppellate ProcedureIndustrial Accident BoardPermanent IncapacityPolio

References

Showing 1-10 of 17,902 results

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