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

Case No. ADJ1408452 (SFO 0441229) ADJ1613865 (SFO 0453060)
Regular

Deborah Blasco vs. Bank of the West, California Insurance Guarantee Association, Intercare Insurance Services

This case involves Deborah Blasco's workers' compensation claims against Bank of the West, with the California Insurance Guarantee Association involved. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Reconsideration filed in the matter. After reviewing the record and the judge's report, the WCAB has denied this petition. Therefore, the original decision or order stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenied ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportDeborah BlascoBank of the WestCalifornia Insurance Guarantee AssociationCIGAIntercare Insurance Services
References
0
Case No. 12-17-00234-CV
Regular Panel Decision
Dec 21, 2018

Deborah Patterson Howard Goughnour v. Robert H. Patterson, Jr., Trustee of the Deborah Patterson Howard Trust

Deborah Patterson Howard Goughnour appealed a judgment concerning a trust managed by Robert H. Patterson, Jr. She raised numerous issues including discovery rulings, affirmative defenses to her counterclaims, proper trust administration, conditional judgment provisions, attorney’s fees, and a discovery abuse sanctions order. The court of appeals modified the judgment by deleting orders for Deborah to pay Robert's and Ruth's attorney's fees, finding such awards inequitable. The court affirmed the judgment as modified, concluding Deborah's counterclaims for breach of fiduciary duty and fraud were time-barred or subject to affirmative defenses, and upheld sanctions against Deborah's attorneys for discovery abuse.

Trust DisputeBreach of Fiduciary DutyFraudStatute of LimitationsQuasi-EstoppelExculpatory ClauseAttorney's FeesDiscovery AbuseSanctionsTrust Administration
References
65
Case No. 03-05-00446-CR
Regular Panel Decision
Mar 22, 2007

Deborah Tate v. State

Deborah Tate was found guilty of securing the execution of a document by deception for fraudulently collecting unemployment benefits while also receiving workers' compensation benefits. She appealed, claiming ineffective assistance of trial counsel and prosecutorial misconduct. The court reviewed her claims regarding counsel's failure to interview witnesses and objections, and also her assertions of the prosecutor's false statements. The court found no support in the record for her claims and overruled the points of error. The judgment of conviction was affirmed.

Securing Execution of Document by DeceptionFraudUnemployment BenefitsWorkers' Compensation BenefitsIneffective Assistance of CounselProsecutorial MisconductCriminal AppealSufficiency of EvidenceCommunity SupervisionState Jail
References
5
Case No. W2000-03067-COA-R3-CV
Regular Panel Decision
Feb 05, 2002

Andrew Mays v. Deborah Mays

This case involves a divorce and child custody dispute. The Husband, Andrew Lee Mays, initially filed for divorce but later dismissed his complaint. The Wife, Deborah Jane Rogers Mays, counter-sued and was granted a divorce and custody of their minor child. The Husband appealed the trial court's decisions regarding the division of marital property, denial of rehabilitative alimony, award of attorney's fees to the Wife, and the refusal to hear evidence on child custody. The appellate court affirmed the property division and denial of alimony, reversed the award of attorney's fees, and remanded the case for an evidentiary hearing on child custody.

DivorceChild CustodyMarital PropertyAlimonyAttorney's FeesEquitable DistributionComminglingSeparate PropertyMental HealthJudicial Discretion
References
22
Case No. 01-14-00439-CV
Regular Panel Decision
May 28, 2015

Eihab Rajab Masoud v. Deborah Handler

Eihab Rajab Masoud, the appellant, failed to appear for his divorce trial, leading to a divorce decree. Masoud filed a motion for new trial, claiming lack of notice of the trial date, which the trial court denied. On appeal, Masoud argued that the trial court abused its discretion by denying his motion for new trial based on his claim of lack of notice. However, Appellee Deborah Handler presented evidence that she sent notice by certified mail, which was returned unclaimed, and that Masoud had a history of intentionally avoiding service. The appellate court affirmed the trial court's decision, finding sufficient evidence that Masoud was intentionally avoiding service of the trial notice, thus upholding the denial of his motion for new trial.

DivorceDefault JudgmentMotion for New TrialNotice of TrialService of ProcessAppellate ReviewCivil ProcedureFamily LawAbuse of DiscretionCraddock Elements
References
8
Case No. 2015-06-0288
Regular Panel Decision
Apr 21, 2016

Syph, Deborah v. Choice Food Group, Inc.

The Tennessee Workers' Compensation Appeals Board affirmed the trial court's dismissal of Deborah Syph's workers' compensation claim against Choice Food Group, Inc. Syph alleged a back injury from work, but the employer disputed causation due to a pre-existing condition, and a medical examiner found no link. The trial court initially denied benefits and later granted the employer's motion to dismiss with prejudice when Syph failed to respond or appear. The Appeals Board concluded that Tennessee Rules of Civil Procedure govern such dismissal motions and affirmed based on the employee's procedural failures. This decision clarified the application of civil procedure rules in workers' compensation claims in Tennessee.

Dismissal with PrejudiceExpedited HearingMedical CausationFailure to ProsecuteTennessee Rules of Civil ProcedureAppellate ReviewSummary JudgmentCompensability GroundsEvidentiary InadequaciesPre-existing Condition
References
25
Case No. E2005-00907-COA-R3-CV
Regular Panel Decision
Jan 24, 2006

Deborah Jaime v. American Water Heater Company

The plaintiff, Deborah Jaime, brought an action against her former employer, American Water Heater Company, alleging retaliatory discharge after being terminated following her pursuit of workers' compensation benefits for a work-related knee and finger injury. The employer asserted that Jaime was terminated for falsifying a pre-placement medical assessment form by failing to disclose a prior knee injury, a violation of company policy. The trial court granted summary judgment to the defendant, concluding that the plaintiff failed to establish a prima facie case of retaliatory discharge due to a lack of evidence proving a causal link between her workers' compensation claim and her termination, and also failed to rebut the employer's legitimate reason for discharge. The Court of Appeals affirmed the trial court's judgment, agreeing that Jaime did not demonstrate that her claim for benefits was a substantial factor in her termination.

retaliatory dischargesummary judgmentcausal connectionemployment terminationmedical assessment formfalsification of recordsemployer policyprima facie caseappellate reviewTennessee law
References
6
Case No. 14-09-00718-CV
Regular Panel Decision
Jul 28, 2011

Deborah Downing v. Don Burns and Sherry Burns

Deborah Downing sued Don and Sherry Burns for tortious interference and defamation after they alleged she stole trade secrets and threatened to sue her new employers. Downing, previously an assistant to Don Burns, copied parts of a policy manual she authored before resigning. The Burnses countersued for theft of trade secrets. A jury found in Downing's favor on all claims, but the trial court entered judgment only on tortious interference and theft. The appellate court reversed the judgment, concluding that the Burnses did not conclusively prove theft of trade secrets and that sufficient evidence supported the defamation and tortious interference findings, but the damages for tortious interference were unsupported. The case was remanded for a new trial due to the intertwined nature of the claims.

Tortious InterferenceDefamationTheft of Trade SecretsLost WagesEconomic DamagesLegal Sufficiency of EvidenceJudgment Notwithstanding VerdictRemandAppellate ReviewRealty Business
References
26
Case No. M2015-02217-COA-R3-CV
Regular Panel Decision
Aug 25, 2016

Deborah Lacy v. HCA Tristar Hendersonville Hospital

This appeal concerns Deborah Lacy's case following an involuntary dismissal under Rule 41.02(2) of the Tennessee Rules of Civil Procedure. Lacy, a pro se litigant, sued Hendersonville Hospital Corporation and its employees for assault and battery during her employment. The trial court initially granted summary judgment to the Hospital, finding the Workers' Compensation Law as Lacy's sole remedy. Following the close of Lacy's proof, the remaining defendants moved for involuntary dismissal, which was granted due to a lack of evidence for damages. The Court of Appeals vacated the dismissal and remanded the case, citing the trial court's failure to make specific findings of fact and to approve a statement of the evidence as required by appellate rules.

Involuntary DismissalPro Se LitigantAppellate ProcedureStatement of EvidenceFactual FindingsRemandAssault and BatteryWorkers' Compensation LawSummary JudgmentCausation and Damages
References
7
Case No. W2004-00796-COA-R3-CV
Regular Panel Decision
Dec 21, 2004

Deborah B. Hall Byrd v. Danny K. Byrd

This case involves an appeal from a decree of legal separation, focusing on the division of marital property and debt, alimony, and attorney fees. Deborah B. Hall Byrd (Wife) appealed the Chancery Court's decision. The Court of Appeals affirmed the trial court's rulings on the division of marital property and transitional alimony, citing the short duration of the marriage and the aim to restore parties to their pre-marital status. However, the appellate court reversed the trial court's decision regarding attorney fees, remanding the matter for a determination of fees to be awarded to the Wife, finding she had a need for assistance to avoid depleting her assets.

Marital Property DivisionAlimonyAttorney FeesLegal SeparationShort Duration MarriageEquitable DistributionAppellate ReviewCredibility AssessmentFinancial ResourcesRehabilitative Support
References
16
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