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Case Law Database

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

Case No. 2015-02-0387

Regular Panel Decision

Feb 09, 2017

Hensley, Jeffrey Chad Hensley (Deceased) v. Professional Personnel Services

Mr. Jeffrey Chad Hensley suffered a fatal work-related injury. His surviving spouse, Tabitha Hensley, and minor child, Kaydence Hensley, both filed petitions for death benefits. The Workers' Compensation Judge denied Tabitha Hensley's claim, finding she was voluntarily living apart from the deceased at the time of his death and was not financially dependent. However, Kaydence Hensley, who was nine years old at the time of the hearing, was found to be wholly dependent on her deceased father. The court ordered Professional Personnel Services to pay Kaydence Hensley accrued and ongoing weekly death benefits, managed by her court-appointed custodians, with a portion allocated for attorney fees.

Death BenefitsWorkers' CompensationDependency BenefitsSurviving SpouseMinor ChildVoluntary SeparationCustody OrderAttorney FeesCompensation HearingTennessee Law

References

Case No. MISSING

Regular Panel Decision

New York Underwriters Insurance Co. v. Ehlinger

This case concerns an appeal by New York Underwriters, a worker's compensation insurer, challenging an Industrial Accident Board (IAB) award of death benefits to the statutory beneficiaries of the deceased worker, Clarence G. Ehlinger. The insurer initially filed an appeal in district court, mistakenly naming the deceased worker as the sole defendant. After the statutory 20-day appeal period expired, an amended petition was filed correctly identifying the beneficiaries as defendants. The trial court dismissed the appeal for lack of jurisdiction, a decision upheld by this court. The court ruled that the original petition naming the deceased was a nullity and did not confer jurisdiction over the beneficiaries, and the subsequent untimely amendment failed to cure this jurisdictional defect. The beneficiaries were thus entitled to stand on the IAB award.

Workers' CompensationJurisdictionTimeliness of AppealIndustrial Accident BoardStatutory BeneficiariesMistaken IdentityParty MisnomerTexas LawAppellate ProcedureDeath Benefits

References

Case No. 02-08-00210-CV

Regular Panel Decision

Aug 31, 2011

Lourdes Maria Vargas De Damian, Individually, as Next Friend to Nicole Denisse Damian Vargas, and as Representative of the Estate of Demetrio Damian Chen v. Bell Helicopter Textron, Inc.

Appellants, including family members of deceased pilots and passengers, filed a lawsuit against Bell Helicopter Textron, Inc. following a Bell 407 helicopter crash on January 27, 2000, in Panama. The lawsuit alleged strict products liability and negligence, specifically citing design defects in the helicopter's windshield and restraint system. The crash was caused by a black vulture penetrating the windshield, which incapacitated Captain Damian and resulted in fatalities. A jury found a design defect, negligence by both Bell and Captain Damian (50% responsibility each), and awarded damages. The trial court's final judgment was issued on February 28, 2008. On appeal, the court affirmed the portion of the trial court's judgment related to the claims on behalf of Gloria Gasperi's estate. However, it reversed and rendered judgment that other appellants take nothing. The appellate court found no federal preemption, ruled that the Panamanian statute of limitations did not bar the claims, and upheld the sufficiency of evidence for the seatbelt design defect and Captain Damian's comparative negligence. Conversely, the court found insufficient evidence for design defects related to the windshield and door mounts. Claims of juror misconduct were rejected due to legal prohibitions on juror testimony.

Helicopter crashProducts liabilityDesign defectNegligenceFederal preemptionComparative negligenceWrongful death claimsSurvival claimsStatute of limitationsJury misconduct

References

103

Case No. MISSING

Regular Panel Decision

Dailey v. Russann Lumber Co.

This workmen's compensation case concerns the widow of a deceased truck driver seeking benefits after her husband died from a heart attack following a day of strenuous work for Russann Lumber Company. The Trial Judge awarded full statutory benefits, a decision affirmed by the Supreme Court under the material evidence standard. The employer appealed, contesting the causal connection between the employment and death, and arguing the deceased had deviated from his work. The Court found sufficient evidence that the heart attack arose out of and in the course of employment, and that the alleged deviation did not contribute to his death.

Workers' CompensationHeart AttackEmployment ExertionCausal ConnectionDeviation from EmploymentMaterial Evidence StandardMedical Expert TestimonyAppellate ReviewTennessee LawTruck Driver

References

Case No. ADJ6951586

Regular

Apr 08, 2015

MICHAEL MICHAELSON (Deceased) vs. JF SHEA, AIG CLAIMS

The Workers' Compensation Appeals Board denied reconsideration of an order regarding a deceased worker's settlement. The Petitioner, Riverside County Department of Child Support Services, sought to satisfy a child support lien from the settlement allocated to dependents. The Board adopted the WCJ's reasoning that Labor Code §4700 dictates that only accrued and unpaid compensation is payable to dependents, and a child support lien under Labor Code §4903(e) attaches only to such benefits. As there were no accrued benefits owed to the deceased applicant, the child support lien could not be satisfied from the death benefit settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportRiverside County Department of Child Support ServicesState Bar NumbersWCAB Rule 10498SanctionsADJ6951586DeceasedJF Shea

References

Case No. ADJ1063483 (SBR 0342621)

Regular

Sep 07, 2016

SONG ROGERS (Deceased); RICHARD ROGERS, vs. ALLIED VAN LINES, TRANSGUARD INSURANCE COMPANY OF AMERICA

This case involves Allied Van Lines seeking reconsideration of a prior order finding their employee, Song Rogers (now deceased), sustained a work-related injury. The employer argued the finding was based solely on the inconsistent testimony of the deceased's husband regarding employment details. The Board denied the petition, adopting the judge's findings that the husband's testimony was credible despite apparent inconsistencies. The Board emphasized the judge's opportunity to assess witness demeanor as critical to the credibility determination.

Workers' Compensation Appeals BoardAllied Van LinesTransguard Insurance Company of AmericaSong RogersRichard RogersFindings and OrderDarren Bergey M.D.employee statuscredibility determinationdeposition testimony

References

Case No. SAC 0354059

Regular

Jul 24, 2007

DAVID LONG (Deceased) STEVEN LONG (Administrator of the Estate Of DAVID LONG) vs. MEDIA NEWS GROUP, INC., LIBERTY MUTUAL INSURANCE CO.

This case concerns a deceased worker whose estate was initially awarded death benefits under Labor Code section 4702(a)(6)(B). However, after a subsequent court ruling found this specific statute unconstitutional, the Workers' Compensation Appeals Board (WCAB) amended its decision. Consequently, the award to the deceased's estate was removed, as were associated attorney's fees, while the award to the Death Without Dependents Unit remains valid.

Workers' Compensation Appeals BoardDeceasedEstateIndustrial InjuryDeath Without Dependents UnitLabor Code section 4702(a)(6)(B)Labor Code section 4706.5(a)UnconstitutionalSix Flags Inc. v. Workers' Comp. Appeals Bd. (Rackchamroon)Reconsideration

References

Case No. ADJ7731222

Regular

Apr 29, 2014

J. MICHAEL DEVROOM (Deceased), PAMELA FELCHER (Widow) vs. DEPARTMENT OF CONSUMER AFFAIRS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision except for specific amendments. The applicant's widow, Pamela Felcher, was awarded a $250,000 death benefit for her deceased husband, J. Michael Devroom, with payments commencing June 23, 2010. This award is subject to credit for CALPERS payments and attorney fees, and the deceased was found to be a safety-classified employee exempting him from certain statutory limitations. Additionally, Ms. Felcher is entitled to $2,109.02 for burial expenses, and attorney fees of $37,500 are awarded.

Workers' Compensation Appeals BoardPamela FelcherJ. Michael DevroomDepartment of Consumer AffairsState Compensation Insurance FundPetition for ReconsiderationDecision After ReconsiderationDeath BenefitCALPERS CreditLabor Code Section 4707(b)

References

Case No. ADJ10140589

Regular

Nov 14, 2017

SAUL SALCEDA, JR. (Deceased); ELIZABETH R. SALCEDA, Guardian Ad Litem and Trustee for ELLEN KATE SALCEDA, a minor and NOYLAHNA PHUTSDAY SIBOURIBOUN, a minor vs. DIRECT MOTION, INC.; HANOVER INSURANCE GROUP WORCESTER

This case involves a petition for reconsideration of a denial of workers' compensation benefits for the death of Saul Salceda, Jr. The applicant argued the deceased's fatal injury arose from his employment, but the WCAB affirmed the WCJ's finding that it did not. The WCAB found that while there was a special mutuality between the deceased and his employer, his fatal activities did not benefit the employer directly or indirectly, thus the dual purpose rule was inapplicable. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardGuardian Ad LitemTrusteeFindings and OrderPetition for Reconsiderationnon-compensabledual purpose rulearising out ofcourse of employmentdecedent's death

References

Case No. 01-09-00737-CV

Regular Panel Decision

Feb 10, 2011

Curtis Davis, Individually and as Administrator of the Estate of Terrence Lamoyne Davis v. Able Body Labor

This case concerns an appeal from a summary judgment regarding a deceased worker's compensation. The appellants, Curtis and Eva Davis, parents of the deceased Terrence Davis, challenged the employer's, Able Body Temporary Services, Inc.'s, workers' compensation exclusive remedy defense. The key issues involved the parents' authority to waive their son's workers' compensation coverage post-mortem, the employer's failure to notify the employee of his opt-out right, and the application of estoppel. The Court of Appeals affirmed the trial court's judgment, ruling that only an employee can waive coverage and that the employer's failure to provide notice does not negate the exclusive remedy provision.

Workers' CompensationExclusive RemedyStatutory InterpretationSummary JudgmentOpt-out ProvisionLegal BeneficiaryEstate AdministratorAffirmative DefenseEstoppelOpen Courts Provision

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. 2015-02-0387

Regular Panel Decision

Feb 09, 2017

Hensley, Jeffrey Chad Hensley (Deceased) v. Professional Personnel Services

Death BenefitsWorkers' CompensationDependency BenefitsSurviving SpouseMinor ChildVoluntary SeparationCustody OrderAttorney FeesCompensation HearingTennessee Law

References

Case No. MISSING

Regular Panel Decision

New York Underwriters Insurance Co. v. Ehlinger

Workers' CompensationJurisdictionTimeliness of AppealIndustrial Accident BoardStatutory BeneficiariesMistaken IdentityParty MisnomerTexas LawAppellate ProcedureDeath Benefits

References

Case No. 02-08-00210-CV

Regular Panel Decision

Aug 31, 2011

Lourdes Maria Vargas De Damian, Individually, as Next Friend to Nicole Denisse Damian Vargas, and as Representative of the Estate of Demetrio Damian Chen v. Bell Helicopter Textron, Inc.

Helicopter crashProducts liabilityDesign defectNegligenceFederal preemptionComparative negligenceWrongful death claimsSurvival claimsStatute of limitationsJury misconduct

References

103

Case No. MISSING

Regular Panel Decision

Dailey v. Russann Lumber Co.

Workers' CompensationHeart AttackEmployment ExertionCausal ConnectionDeviation from EmploymentMaterial Evidence StandardMedical Expert TestimonyAppellate ReviewTennessee LawTruck Driver

References

Case No. ADJ6951586

Regular

Apr 08, 2015

MICHAEL MICHAELSON (Deceased) vs. JF SHEA, AIG CLAIMS

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportRiverside County Department of Child Support ServicesState Bar NumbersWCAB Rule 10498SanctionsADJ6951586DeceasedJF Shea

References

Case No. ADJ1063483 (SBR 0342621)

Regular

Sep 07, 2016

SONG ROGERS (Deceased); RICHARD ROGERS, vs. ALLIED VAN LINES, TRANSGUARD INSURANCE COMPANY OF AMERICA

References

Case No. SAC 0354059

Regular

Jul 24, 2007

DAVID LONG (Deceased) STEVEN LONG (Administrator of the Estate Of DAVID LONG) vs. MEDIA NEWS GROUP, INC., LIBERTY MUTUAL INSURANCE CO.

References

Case No. ADJ7731222

Regular

Apr 29, 2014

J. MICHAEL DEVROOM (Deceased), PAMELA FELCHER (Widow) vs. DEPARTMENT OF CONSUMER AFFAIRS, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ10140589

Regular

Nov 14, 2017

SAUL SALCEDA, JR. (Deceased); ELIZABETH R. SALCEDA, Guardian Ad Litem and Trustee for ELLEN KATE SALCEDA, a minor and NOYLAHNA PHUTSDAY SIBOURIBOUN, a minor vs. DIRECT MOTION, INC.; HANOVER INSURANCE GROUP WORCESTER

Workers' Compensation Appeals BoardGuardian Ad LitemTrusteeFindings and OrderPetition for Reconsiderationnon-compensabledual purpose rulearising out ofcourse of employmentdecedent's death

References

Case No. 01-09-00737-CV

Regular Panel Decision

Feb 10, 2011

Curtis Davis, Individually and as Administrator of the Estate of Terrence Lamoyne Davis v. Able Body Labor

Workers' CompensationExclusive RemedyStatutory InterpretationSummary JudgmentOpt-out ProvisionLegal BeneficiaryEstate AdministratorAffirmative DefenseEstoppelOpen Courts Provision

References

Showing 1-10 of 826 results

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