CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. MISSING
Regular Panel Decision

Hearring v. Sliwowski

Melissa Hearring, as next friend of a minor, B.H., filed a § 1983 action against school nurse Karen Sliwowski and the Metropolitan Government of Nashville Davidson County, Tennessee, alleging a Fourth Amendment violation for an intrusive visual search of B.H.'s labia without consent or emergency. The Magistrate Judge recommended granting summary judgment for defendants, citing qualified immunity for Sliwowski and insufficient evidence against Metro. However, the District Judge set aside this recommendation, concluding that B.H.'s Fourth Amendment right was clearly established at the time of the search. The Court denied the defendants' motion for summary judgment, finding that Metro could be liable for deliberate indifference to the need for clear policies regarding student searches.

Fourth AmendmentQualified ImmunitySchool SearchStrip SearchMinor's RightsDeliberate IndifferenceMunicipal LiabilitySchool Nurse ConductParental ConsentMedical Examination
References
79
Case No. 2015-06-0593
Regular Panel Decision
Jun 28, 2016

McQuiddy, Jana v. Saint Thomas Hospital

Jana McQuiddy, a phlebotomist, alleged hip, left shoulder, and back injuries from a slip and fall at St. Thomas Hospital on March 11, 2015. Although St. Thomas initially provided medical care, Ms. McQuiddy was later terminated. She filed a Petition for Benefit Determination, but during the compensation hearing, she failed to provide competent expert medical proof to establish a compensable injury. The Court granted St. Thomas Hospital's motion to dismiss, ruling that Ms. McQuiddy did not prove her injury arose primarily out of and in the course and scope of her employment.

Workers' CompensationInjury ClaimCausationMedical EvidenceBurden of ProofClaim DismissedTennessee LawEmployment TerminationSlip and FallPhlebotomist Injury
References
7
Case No. 2014-07-0013; State File No. 79380-2015
Regular Panel Decision
Jun 03, 2016

Garassino, Louis v. Western Express

This case involves a compensation hearing concerning Louis Garassino, an employee, and Western Express, an employer. The primary dispute revolved around the degree of Mr. Garassino's permanent impairment following a back injury in 2014. The court considered competing impairment ratings from the authorized treating physician, Dr. Robert Weiss, and Mr. Garassino's evaluating physician, Dr. David West. Ultimately, the court found sufficient evidence to overcome the presumption of correctness attached to Dr. Weiss's rating due to incorrect application of the AMA Guides. Consequently, the court adopted Dr. West's rating of thirteen percent impairment and ordered Western Express to provide permanent partial disability benefits, future medical treatment, and cover associated costs.

Permanent ImpairmentAMA GuidesRadiculopathyBack InjuryTreating PhysicianEvaluating PhysicianPresumption of CorrectnessMedical Expert TestimonyDisability BenefitsTennessee Law
References
4
Case No. MISSING
Regular Panel Decision

Lewis v. Zon

Thomas Lewis, convicted of second-degree robbery, petitioned for a writ of habeas corpus, challenging the state trial court's ad hoc competency procedure. The trial court heavily relied on a social worker's report, commissioned after the competency hearing, without affording Lewis an opportunity to contest it or cross-examine the social worker. This District Court found that this procedure violated Lewis's Due Process rights, as it constituted an unreasonable application of clearly established federal law requiring a reasonable opportunity to demonstrate incompetence. Given the impossibility of conducting a meaningful retrospective competency hearing due to the lapse of time and limitations of the original record, the court granted the habeas corpus petition. Lewis is to be discharged unless the State elects to retry him within 90 days.

habeas corpusdue processcompetency hearingpsychiatric examinationSixth AmendmentConfrontation Clausestate proceduresfederal lawcriminal prosecutionsecond-degree robbery
References
40
Case No. MISSING
Regular Panel Decision

People v. Stone

The case addresses whether a trial court violated a defendant's constitutional rights by failing to sua sponte inquire into his mental capacity before allowing him to represent himself. The defendant, charged with burglary, initially represented himself, citing distrust of attorneys, but later requested stand-by counsel to take over. Post-trial, while awaiting sentencing, the defendant developed psychiatric issues and was deemed incompetent, but later recovered. On appeal, he argued that the trial court should have assessed his competency for self-representation under a heightened standard, citing Indiana v. Edwards. The Court affirmed the Appellate Division's rejection of this argument, holding that Edwards does not mandate a two-tiered competency standard or a sua sponte competency hearing for pro se requests, especially when no signs of severe mental illness were apparent during trial. The Court emphasized that New York law allows consideration of mental capacity during the 'searching inquiry' for waiver of counsel but does not require a separate formal hearing unless there is a clear basis to question mental capacity at that time.

Self-representationPro seCompetencyMental IllnessConstitutional RightsWaiver of CounselSixth AmendmentDue ProcessTrial Court DiscretionAppellate Review
References
14
Case No. 2015-02-0155, 2015-02-0156, 40357-2015, 31700-2015
Regular Panel Decision
Apr 13, 2018

Muse, Estel Blackie v. Campbell County

Estel "Blackie" Muse, an employee of Campbell County, filed claims for multiple injuries, including his back, hearing loss, right shoulder, bilateral upper extremities, and occupational lung disease. The employer accepted the back and hearing-loss claims but denied the others. The Court of Workers’ Compensation Claims at Knoxville, presided by Judge Lisa A. Lowe, denied Mr. Muse's claims for his right shoulder, bilateral upper extremity, and occupational lung disease, finding he failed to establish compensability. However, the court granted permanent partial disability benefits for his back and hearing loss based on accepted medical opinions, incorporating increased benefits and applying a social security offset. The total award for permanent partial disability benefits was $79,073.37, and future medical benefits for his back and hearing loss were also awarded.

Workers' CompensationPermanent Partial DisabilityBack InjuryHearing LossOccupational Lung DiseaseRight Shoulder InjuryBilateral Upper Extremities InjuryMedical CausationPreponderance of EvidenceIndependent Medical Evaluation (IME)
References
5
Case No. 2016-03-0523
Regular Panel Decision
Nov 30, 2016

Hanneken, Kevin v. Consolidated Nuclear Services, LLC

Mr. Kevin Hanneken, a 61-year-old machinist, sought workers' compensation for binaural hearing loss, claiming his employer, Consolidated Nuclear Services, LLC (CNS), was liable for an aggregate 14% permanent medical impairment, which included a pre-existing 5% impairment. The central legal issue was CNS's liability for this pre-existing condition, given that Mr. Hanneken had an ascertainable rating at the start of his employment. The court ruled that the 'last injurious injury' rule does not apply under the Workers' Compensation Reform Act of 2013 when a pre-existing impairment is readily ascertainable. Consequently, the court found CNS not liable for Mr. Hanneken's pre-existing 5% hearing loss. Mr. Hanneken was awarded nine percent permanent partial disability for the increase in hearing loss during his employment with CNS, amounting to $34,749.00 in benefits, along with medical treatment for his bilateral hearing loss.

Hearing LossOccupational Noise ExposurePre-existing ConditionLast Injurious Injury RuleTennessee Workers' Compensation Reform Act of 2013Permanent Partial DisabilityMedical ImpairmentCausationEmployer LiabilityMachinist
References
5
Case No. 2017-05-0721
Regular Panel Decision
Mar 22, 2018

Robertson, Beverly vs. Edwards Oil Of Lawrenceburg

Beverly Robertson filed a claim against Edwards Oil of Lawrenceburg and Accident Fund Gen. Ins. Co. An Expedited Hearing was held on March 20, 2018. During the hearing, Ms. Robertson's counsel acknowledged that no medical or temporary disability benefits were in dispute; instead, the employee sought a determination of her correct average weekly wage. The Court, citing Tennessee Code Annotated section 50-6-239(d)(1), found it could only conduct expedited hearings regarding temporary disability or medical benefits, which were not in dispute. Therefore, the Court denied Ms. Robertson's claim at this time and ordered her to file a Request for Scheduling Hearing or a valid Request for Expedited Hearing within thirty days.

Workers' CompensationExpedited HearingAverage Weekly WageClaim DenialProcedural RulingTennessee LawDisability BenefitsMedical BenefitsJurisdiction
References
1
Case No. 2014-08-0058
Regular Panel Decision
Aug 19, 2015

Marzette, Shelton v. Pat Salmon & Sons, Inc.

Shelton Marzette, a truck driver for Pat Salmon and Sons, Inc., filed for an expedited hearing after sustaining a hearing injury on July 31, 2014, while working in Denver, Colorado. He experienced a 'pop' in his ears, causing hearing loss and vertigo. His claim for medical and temporary disability benefits was denied by his employer based on Dr. Rucker's opinion that the injury was not work-related. The Court found the employer's provided panel of physicians defective because it lacked specialists for hearing injuries, thus invalidating Dr. Rucker's presumptive correctness. Consequently, the Court ordered Pat Salmon and Sons, Inc. to provide Mr. Marzette with a new panel of physicians specializing in hearing injuries to determine causation and period of disability.

Workers' CompensationHearing LossVertigoTruck DriverExpedited HearingMedical BenefitsCausationDefective Physician PanelAltitudeBarometric Pressure
References
1
Showing 1-10 of 4,475 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational