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. M1999-00676-SC-R3-CV
Regular Panel Decision
Jul 03, 2001

Dorothy Wilkins v. The Kellog Company

Dorothy Wilkins, an employee of The Kellogg Company, sustained a right shoulder injury and was placed on light duty, which reduced her work hours but not her hourly wage. The trial court awarded her temporary partial disability benefits based on her 'average weekly wage.' Kellogg appealed, arguing that the relevant statute for temporary partial disability should calculate benefits based on the difference between the hourly wage at the time of injury and the hourly wage earned while partially disabled. The Tennessee Supreme Court reversed the trial court's decision, holding that the statutory language for temporary partial disability benefits does not incorporate the 'average weekly wage' concept. Consequently, Wilkins was found not entitled to temporary partial disability benefits because her hourly wage remained unchanged.

Workers' CompensationTemporary Partial DisabilityWage CalculationStatutory InterpretationAverage Weekly WageLight Duty ProgramTennessee Supreme CourtAppealHourly WageBenefit Calculation
References
14
Case No. 2015-01-0273, 26715-2015
Regular Panel Decision
Apr 27, 2016

Johnson, Dorothy v. Pilgrim's Pride, Inc., et al.

Dorothy J. Johnson, an employee, appealed the denial of her motion to alter, amend, or set aside an approved workers' compensation settlement agreement. Johnson claimed she signed the agreement under "stress, duress, and mental anguish" but did not present this to the trial judge during the approval hearing. The trial court denied her subsequent motion, finding no evidence of incompetence or sufficient grounds under Rule 60.02 to set aside the settlement. The Appeals Board affirmed the trial court's decision, concluding that Johnson failed to demonstrate an abuse of discretion or sufficient legal grounds to invalidate the settlement, even considering her claims of stress and duress.

Workers' Compensation SettlementMotion to Alter JudgmentRule 59.04Rule 60.02 ReliefStress and Duress ClaimSettlement ValidityAppellate ReviewMedical CausationCarpal Tunnel SyndromeGanglion Cyst
References
9
Case No. 13-22-00241-CV
Regular Panel Decision
Jul 20, 2023

Dorothy Sands, Individually and as Representative of the Estate of Cecilia Stanford, and Julie Stanford v. AutoZone Parts, Inc.

Dorothy Sands, individually and as representative of the estate of Cecilia Stanford, deceased, and Julie Stanford (collectively "Sands") appealed a summary judgment granted in favor of AutoZone Parts, Inc. Sands had brought negligent undertaking and gross negligence claims against AutoZone. This stemmed from a fatal incident where Cecilia Stanford was struck by a motorist after her vehicle, for which AutoZone had performed a diagnostic service and allegedly advised her it was safe to drive, stalled on the road. The Court of Appeals, Thirteenth District of Texas, affirmed the trial court's judgment. It concluded that AutoZone's alleged negligent undertaking was too attenuated to be the proximate cause of Stanford's injuries and death, and consequently, the gross negligence claim also failed.

Negligent undertakingGross negligenceSummary judgmentProximate causeCause-in-factForeseeabilityMotor vehicle accidentDiagnostic serviceAppellate reviewTexas law
References
24
Case No. ADJ8190120
Regular
Jan 27, 2015

DOROTHY WILLCOX vs. TEHACHAPI UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing the petition for reconsideration filed by Dorothy Willcox. This dismissal is due to the petitioner having formally withdrawn their reconsideration request. The original decision being reconsidered was issued on November 17, 2014, and the order of dismissal is dated January 27, 2015. The case involves a dispute between applicant Dorothy Willcox and defendant Tehachapi Unified School District.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardSelf-insuredADJ8190120Bakersfield District Office
References
0
Case No. MISSING
Regular Panel Decision

International Ladies' Garment Workers' Local Union No. 123 v. Dorothy Frocks Co.

This case involves a labor dispute between Dorothy Frocks Company and its employees, members of International Ladies’ Garment Workers’ Local Union No. 123. Following a strike in May 1936, Dorothy Frocks obtained a temporary injunction from the Forty-Fifth District Court of Bexar County, Texas, which restricted picketing but did not entirely prohibit it. Both the union (appellants) and the company (appellee) appealed this order. Appellants argued the injunction was an abuse of discretion and impinged on free speech, while appellee contended the court should have fully enjoined all picketing, citing an unlawful strike purpose. The appellate court, after reviewing the record, found no abuse of discretion by the trial judge, overruling both parties' assignments of error and affirming the lower court's judgment.

labor disputetemporary injunctionpicketing restrictionsappellate reviewabuse of discretionfree speech rightsunion strikeemployer-employee relationsTexas civil statutescriminal statutes
References
5
Case No. MISSING
Regular Panel Decision

In re the Estate of Wilson

Dorothy S. Wilson, as executrix of the estate of Leonard R. Wilson, filed a petition for discovery against Lee Ford concerning the proceeds of Leonard R. Wilson's retirement plan, which named Ford as the beneficiary. Mr. Wilson died in 1985, having a vested benefit in the Corporate Profit Sharing Plan and Trust Agreement for Cobblestone Enterprises, Inc. The court considered the 1984 amendments to ERISA requiring a qualified preretirement survivor annuity (QPSA) for surviving spouses. Despite the plan's amendment occurring after Mr. Wilson's death, a transition rule mandated the QPSA amendments be treated as in effect at the time of death. The court, citing no New York authority, concluded that given the Cobblestone plan was a 'defined benefit plan' and under the ERISA transition rule, Dorothy S. Wilson, as the surviving spouse, was entitled to the entire $8,643.38 proceeds of the retirement plan.

ERISARetirement PlanQualified Preretirement Survivor AnnuityQPSADefined Benefit PlanTransition RuleSurviving SpouseBeneficiary DisputeEstateProbate
References
2
Case No. MISSING
Regular Panel Decision
Dec 03, 2015

Coleman v. New York City Transit Authority

This case involves an appeal regarding judgments entered after a jury trial against the New York City Transit Authority and Annie M. Canty. The Appellate Division, First Department, addressed two separate judgments for plaintiffs Diane Coleman and Dorothy Lemon. For Diane Coleman, the award for past pain and suffering was modified from $1.25 million to $1 million, with the rest affirmed. For Dorothy Lemon, the future lost earnings award was reduced from $728,000 to $520,000 over 25 years, while other awards for pain and suffering and past lost earnings were affirmed. The court also affirmed the trial court's evidentiary rulings, including the redaction of a social worker's statement from hospital records and the preclusion of expert testimony due to late disclosure.

Damages ReductionPain and Suffering AwardLost Earnings CalculationAppellate ReviewJury TrialEvidentiary RulingsExpert Witness PreclusionHospital Records AdmissibilityBiomechanical ExpertsAccident Reconstruction
References
11
Case No. ADJ4589994 (FRE 0246667)
Regular
Feb 25, 2013

DOROTHY VANDENBERG vs. KINGS COUNTY

The Workers' Compensation Appeals Board granted reconsideration to address an internally inconsistent clause in a Stipulated Award. Defendant sought to clarify the commencement date for the State Average Weekly Wage (SAWW) adjustment to the applicant's life pension. The Board construed the ambiguous clause, drafted by the applicant's attorney, in favor of the defendant. Consequently, the SAWW increase will commence in accordance with the *Baker v. WCAB* decision, effective January 1, 2018.

WORKERS' COMPENSATION APPEALS BOARDDOROTHY VANDENBERGKINGS COUNTYINNOVATIVE CLAIM SOLUTIONSINC.ADJ4589994FRE 0246667RECONSIDERATIONFINDINGS AND ORDERSTIPULATED AWARD
References
3
Case No. M1999-00676-SC-R3-CV
Regular Panel Decision
Jul 03, 2001

Dorothy Wilkins v. The Kellog Company - Dissenting

Justice Birch dissents from the majority's holding that defines 'wage' as 'hourly rate of pay' for calculating temporary partial disability benefits in workers' compensation cases. He argues this interpretation contravenes legislative intent, creates potential for employer abuse, and complicates benefit calculation. Birch advocates for defining 'wage' as 'average weekly wage' to accurately reflect the economic impact of workplace injuries, ensure fair compensation for employees, and provide clarity in benefit computations. He provides examples to illustrate how the majority's decision leads to arbitrary outcomes and cites precedents supporting the use of average weekly wage.

Temporary Partial Disability BenefitsWage DefinitionAverage Weekly WageHourly Rate of PayBenefit CalculationLegislative IntentEconomic LossEmployer AbuseEqual ProtectionOvertime Compensation
References
4
Case No. 2-02-450-CV
Regular Panel Decision
Jun 03, 2004

Dorothy Fethkenher v. the Kroger Co.

Dorothy Fethkenher sued The Kroger Co. for negligence after being struck by an automatic door, seeking damages for medical costs and pain. The trial court limited her discovery requests regarding other door incidents and included certain jury instructions. Following a jury verdict for Kroger, Fethkenher appealed the discovery limitation, the jury instructions, and sanctions imposed on her counsel. The appellate court affirmed the trial court's judgment regarding the negligence claims and discovery limitations but reversed the sanctions order, finding them excessive.

NegligenceAutomatic Door AccidentDiscovery AbuseJury InstructionsSanctionsAppellate ReviewPremises LiabilityOrthopedic SurgeryUlnar Nerve SurgeryCarpal Tunnel Release
References
26
Showing 1-10 of 85 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