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Case Law Database

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

Case No. 01C01-9606-CC-00236
Regular Panel Decision
Mar 18, 1998

State v. Pat Bondurant (Death Penalty)

Pat Bondurant was convicted of first-degree premeditated murder and arson. The jury found aggravating factors, including a prior violent felony conviction and that the murder involved torture or depravity of mind, leading to a death sentence. Bondurant appealed, raising numerous issues concerning jury selection, pre-trial publicity, counsel's effectiveness, sufficiency of evidence, marital privilege, prior criminal acts, and the constitutionality of the death penalty. The appellate court affirmed all convictions and the death sentence, finding no reversible error and concluding that the evidence supported the jury's findings, and the sentence was not arbitrary or disproportionate.

MurderArsonFirst-degree murderCapital punishmentDeath penaltyPremeditationDeliberationCircumstantial evidenceJury selection irregularitiesIneffective assistance of counsel
References
176
Case No. MISSING
Regular Panel Decision
Dec 03, 2003

Beesmer v. Village of DeRuyter Fire Department

In 1975, the decedent, a volunteer firefighter, suffered a heart attack and continuously received workers' compensation benefits until his death in 2002. His claimant applied for death benefits, alleging a causal link between the 1975 injury and his death. A Workers’ Compensation Law Judge (WCLJ) awarded benefits after denying the employer's request for a second adjournment to depose treating physicians, a decision affirmed by the Workers' Compensation Board. The court found substantial evidence supporting the causal relationship between the heart attack and death, noting that a work-related injury need not be the sole cause of death. Additionally, the court upheld the WCLJ's denial of the adjournment, as the employer failed to provide a sufficient excuse for not scheduling depositions or serving subpoenas during the initial adjournment period.

Workers' Compensation Death BenefitsCausal RelationshipHeart AttackCongestive Heart FailureAdjournment DenialTreating Physician DepositionSubstantial EvidenceAppellate ReviewMedical OpinionVolunteer Firefighter
References
5
Case No. M2005-00906-CCA-R9-DD
Regular Panel Decision
Jun 08, 2006

State of Tennessee v. Danny Strode

The defendant, Danny Strode, was indicted for murder and aggravated robbery, with the State seeking the death penalty. Strode moved to strike the death penalty, claiming mental retardation under Tennessee Code Annotated section 39-13-203(a). The trial court found him mentally retarded and ineligible for the death penalty, leading the State to pursue an interlocutory appeal. The appellate court reversed, ruling that mental retardation must manifest before age eighteen and found no evidence of an IQ below 70 or sufficient adaptive behavior deficits before that age. The case was remanded for further proceedings.

Mental RetardationDeath PenaltyCapital PunishmentIQ TestAdaptive BehaviorStatutory InterpretationTennessee LawCriminal ProcedureAppealsExpert Witness
References
12
Case No. MISSING
Regular Panel Decision

Twin City Fire Insurance Co. v. Cortez

Twin City Fire Insurance Company appealed a judgment that matured a workers' compensation death benefit award. The company had failed to make timely weekly payments to Anita Cortez, the surviving widow, and her minor children, after an initial 18 March 1975 award from the Industrial Accident Board. The lawsuit, initiated by Anita Cortez, sought to mature the entire claim into a lump sum, along with a twelve percent penalty and attorney's fees, citing the company's failure to make prompt payments without justifiable cause. The trial court found no justifiable cause for the payment cessation, ruled in favor of the beneficiaries, and awarded a lump sum without discount, plus penalties and attorney's fees. The appellate court affirmed the trial court's judgment, rejecting the insurance company's arguments regarding justifiable cause, the lump sum prohibition, discounting, and attorney's fees computation.

Workers' CompensationDeath BenefitsLump Sum PaymentPenaltyAttorney's FeesJustifiable CauseClerical OversightStatutory InterpretationAppellate ReviewInsurance Carrier Liability
References
7
Case No. E2002-01123-CCA-R3-DD
Regular Panel Decision
Aug 22, 2005

State of Tennessee v. Arthur T. Copeland

Arthur T. Copeland was convicted of first degree premeditated murder in Blount County and sentenced to death. On appeal, he raised numerous issues including sufficiency of the evidence, exclusion of jurors, validity of indictment, admission of testimony, and various constitutional challenges to the death penalty. The Court of Criminal Appeals of Tennessee reversed the conviction and sentence, finding reversible error in the trial court's handling of the defendant's right not to testify. Additionally, the court concluded that the death penalty in this case was disproportionate to the penalty imposed in similar cases, considering the nature of the crime and the defendant's role. The case was remanded for further proceedings.

First degree murderPremeditated murderDeath penaltyAggravating circumstancesMitigating circumstancesCriminal responsibilityEyewitness identificationProsecutorial misconductDiscovery violationsRight to testify
References
130
Case No. 10-14-00157-CV
Regular Panel Decision
Jun 04, 2015

Thomas H. Sinclair v. Estate of Fernando Ramirez and Eva Ramirez, Individually, and Personal Representative of the Estate of Fernando Ramirez, and on Behalf of All Wrongful Death Beneficiaries

This case involves an appeal from a jury verdict in a wrongful death and survivorship action. Appellant Thomas H. Sinclair challenges the verdict in favor of the Estate of Fernando Ramirez and Eva Ramirez. Fernando Ramirez died after an altercation at Sinclair's cabaret, following heavy drinking. The jury found Sinclair partly responsible, but the appellate court reversed the judgment, concluding that the appellees failed to present legally sufficient causation evidence directly connecting Sinclair’s purported negligence with the decedent’s death due to the lack of expert medical testimony ruling out other plausible causes.

NegligenceProximate CauseWrongful DeathSurvivorship ActionExpert TestimonyMedical CausationBlunt Force Head InjuriesAlcohol IntoxicationAppellate ReviewLegal Sufficiency
References
37
Case No. MISSING
Regular Panel Decision

Matter of Turi v. Five L. Enterprises, Inc.

In this workers' compensation case, the claimant's spouse died in a 1993 work-related accident, leading to an award of death benefits. The employer's workers’ compensation carrier was directed to deposit a substantial sum into the Aggregate Trust Fund (ATF) but failed to do so. The claimant sought to impose a 20% penalty on the carrier for this untimely payment, arguing it violated Workers’ Compensation Law § 25 (3) (f). The Workers’ Compensation Board determined that the claimant lacked standing to request such a penalty. The appellate court affirmed the Board's decision, clarifying that issues regarding late deposits into the ATF are between the ATF and the carrier, not the claimant, and are governed by separate regulations (12 NYCRR 393.2).

Aggregate Trust FundDeath BenefitsPenalty ImpositionTimely DepositStandingWorkers' Compensation CarrierWorkers' Compensation BoardLate PaymentActuarial ComputationJudicial Review
References
2
Case No. 15-25-00061-CV
Regular Panel Decision
Apr 02, 2025

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Fort Bend County appeals a temporary injunction granted by a Harris County District Court, which prevents discovery of mental health records in an ongoing workers' compensation dispute. The underlying administrative case involves a claim for death benefits by Joshua Heiliger, whose spouse, Lauren Brittane Smith, was a paramedic. Heiliger asserts Smith's mental health condition and stress contributed to her death, thus placing her mental health at issue. The Division of Workers' Compensation's Administrative Law Judge (ALJ) issued a subpoena for Smith's mental health records from her psychiatrist, Dr. John Marcellus. Heiliger bypassed the administrative process by obtaining the injunction in District Court. Fort Bend County argues the District Court erred in interfering with the Division's exclusive jurisdiction and that Heiliger failed to exhaust administrative remedies or demonstrate irreparable injury, as Texas law provides a qualified privilege for mental health records with exceptions relevant to this case.

Workers' CompensationTemporary InjunctionDiscovery DisputeMental Health RecordsSubpoena EnforcementAdministrative Law JudgeExclusive JurisdictionExhaustion of Administrative RemediesQualified PrivilegePatient-Litigant Exception
References
53
Case No. E2008-02146-CCA-R3-PD
Regular Panel Decision
Apr 29, 2011

Dennis Wade Suttles v. State of Tennessee

Dennis Wade Suttles appeals the denial of his petition for post-conviction relief in a case where he was convicted of premeditated first-degree murder and sentenced to death. The appeal challenges the effectiveness of his trial and appellate counsel, as well as the constitutionality of the death penalty. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgment, finding that Suttles received effective assistance of counsel and that his challenges to the death penalty were without merit. The original conviction stemmed from the 1996 murder of his estranged girlfriend, Gail Rhodes, in front of her daughter, after which he was sentenced to death based on two aggravating circumstances.

Ineffective Assistance of CounselPost-Conviction ReliefPremeditated MurderDeath PenaltyMental StateNeuropsychological EvaluationSentencingMitigating EvidenceTrial StrategyExpert Testimony
References
47
Case No. SFO 0492500
Regular
Jul 16, 2007

JACK BERMAN (Dec.), CAROL KINGSLEY (Wid.) vs. BRONSON, BRONSON & McKINNON, CAMBRIDGE INTEGRATED SERVICES GROUP/CIGA for FREMONT (SAN DIEGO)

This case concerns CIGA's petition for reconsideration of a decision awarding the applicant a self-imposed 10% penalty on death benefits and an additional penalty for unreasonable refusal to pay. The Appeals Board denied reconsideration, holding that death benefits paid in installments are subject to Labor Code section 4650(d) because they are paid in the same manner and amounts as temporary disability indemnity. The Board remanded the case to the trial level for further proceedings, including consideration of the applicant's separate petition for penalties.

CIGAFremont Corporation in liquidationCambridge Integrated ServicesRescinding OrderFindings and AwardLabor Code section 4650(d)self-imposed penaltydeath benefitsLabor Code section 4661.5unreasonable refusal to pay
References
3
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