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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Friedar v. Government of Israel

Samuel Friedar, a New York citizen, sued the Government of Israel and its branches for failing to compensate him for medical costs and expenses incurred after being injured while serving in the Israeli Army in 1948. Friedar alleged breach of contract, intentional withholding of information, negligent loss of files, and wrongful conversion of funds. The Government moved to dismiss, claiming sovereign immunity under 28 U.S.C. § 1604 and that the action was barred by the Act of State doctrine. The Court found that the Government was entitled to sovereign immunity, rejecting Friedar's arguments for exceptions based on waiver or commercial activity. Furthermore, even if jurisdiction existed, the Court would dismiss the case under the Act of State doctrine, citing the impropriety of reviewing a foreign state's internal administrative activity, especially regarding military and veterans' benefits. The Government’s motion to dismiss was granted.

Sovereign ImmunityAct of State DoctrineMotion to DismissForeign Sovereign Immunities ActFSIAGovernmental ImmunityCommercial Activity ExceptionVeterans' BenefitsJurisdictionInternational Law
References
13
Case No. M2015-01488-COA-R3-CV
Regular Panel Decision
Jun 30, 2016

The Metropolitan Government of Nashville and Davidson County v. The Civil Service Commission of The Metropolitan Government of Nashville And Davidson County, Tennessee

An officer with the Davidson County Sheriff's Department, Jerry Clark, was terminated for dishonesty after filing reports alleging he was attacked during training, which an investigation found to be exaggerated. An administrative law judge initially ordered his reinstatement with a ten-day suspension, a decision adopted by the Civil Service Commission. However, the Metropolitan Government sought judicial review, and the chancery court reversed the Commission's decision, finding it unsupported by substantial evidence. The Court of Appeals affirmed the chancery court's ruling, concluding that the ALJ's findings were not backed by material evidence and remanded the case to the Commission for a determination of appropriate disciplinary action.

Police MisconductTermination of EmploymentDishonestyAdministrative ReviewJudicial PrecedentCivil Service LawSubstantial Evidence RuleWorkers' Compensation ClaimsRetaliation AllegationsDue Process Rights
References
7
Case No. MISSING
Regular Panel Decision

People v. Barto

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
Case No. M2004-01910-COA-R3-CV
Regular Panel Decision
Sep 01, 2005

Rickey W. Pendleton v. The Metropolitan Government of Nashville and Davidson County

Rickey W. Pendleton sued the Metropolitan Government of Nashville and Davidson County for injuries sustained during his arrest by metropolitan police officers, alleging assault and battery and vicarious liability through respondeat superior. The trial court granted summary judgment for the government, ruling that a standalone respondeat superior claim was insufficient under the Tennessee Governmental Tort Liability Act (GTLA) for intentional torts, requiring a separate negligence claim against the governmental entity. The Court of Appeals affirmed this decision, holding that the GTLA mandates a direct showing of negligence by the governmental entity for intentional torts committed by its employees, and Pendleton failed to assert such a claim against the Metropolitan Government.

Governmental Tort Liability ActRespondeat SuperiorSummary JudgmentIntentional TortsNegligenceAssault and BatteryPolice MisconductGovernmental ImmunityTennessee LawMunicipal Liability
References
6
Case No. C.A. No. 02A01-9701-CH-00024
Regular Panel Decision
Sep 08, 1997

Eileen Smith v. Shelby Co. Government

Eileen Smith, a social worker, sued Shelby County Government for workers' compensation benefits after sustaining a right wrist injury while assisting a patient. The Chancery Court of Shelby County found the injury compensable, awarding Smith 60% permanent vocational disability to her right arm. Shelby County Government appealed this decision, challenging both the finding of a work-related injury and the extent of the disability award. The Court of Appeals of Tennessee, Western Section at Jackson, affirmed the trial court's judgment, concluding that the evidence, including reports from Dr. E. B. Wilkerson and lay testimony, supported the finding that the injury arose out of employment. The court also upheld the disability rating, considering Smith's job skills, education, and the impact of her injury on her employment, as well as Dr. Neil Aranov's testimony regarding a work-related psychological adjustment disorder.

Workers' CompensationVocational DisabilityPermanent DisabilityWrist InjurySocial WorkerOrthopedic SurgeryPsychological ConditionMedical ImprovementScope of EmploymentAppellate Review
References
2
Case No. M2000-02902-COA-R3-CV
Regular Panel Decision
Feb 26, 2003

Rebecca McMurry v. Metro Government of Nashville

Rebecca McMurry, an employee, sued the Metropolitan Government of Nashville and Davidson County after a slip and fall at work resulted in a knee injury. She sought damages under the Tennessee Governmental Tort Liability Act for lost earning capacity, pain, and suffering. The trial court awarded $24,000, attributing fault to Metro but finding the injury an exacerbation of a pre-existing condition, and also awarded $2,858.30 in discretionary costs, excluding a $900 expert trial preparation fee. McMurry appealed, arguing for increased damages and the inclusion of the expert fee. The Court of Appeals affirmed the trial court's judgment, upholding the finding of exacerbation and confirming that expert witness preparation fees are not recoverable discretionary costs.

Governmental Tort LiabilitySlip and FallKnee InjuryPre-existing ConditionExacerbation of InjuryDamages AwardAppellate ReviewExpert Witness FeesDiscretionary CostsCausation
References
33
Case No. M2005-00932-COA-R3-CV
Regular Panel Decision

Amos v. Metropolitan Government of Nashville

The case concerns former police and fire department employees of the Metropolitan Government of Nashville and Davidson County who sought to include lump-sum payments for unused vacation days in their pension calculations. The trial court and Court of Appeals ruled against the employees, granting summary judgment to Metro, concluding that these payments were not part of "average earnings" as defined by the Metro Code. The Supreme Court affirmed this decision, acknowledging that while lump-sum vacation payments are indeed compensation for personal services, their timing (paid after employment termination) prevented their inclusion in the "average earnings" for pension benefits. The court emphasized that the Metro Code's pension formula is based on a sixty-month calculation, which would be disrupted by including post-termination payments. Furthermore, the absence of a specific provision for vacation leave in pension credit, unlike sick leave, indicated no legislative intent to include such payments in pension calculations.

Pension calculationVacation payLump-sum paymentAverage earningsMetro Code interpretationDeclaratory judgmentSummary judgmentAppellate reviewStatutory constructionPublic employee benefits
References
29
Case No. 2019-03-0559
Regular Panel Decision
Sep 02, 2020

Nickerson, Angela Varner v. Knox County Government

This case involves an interlocutory appeal concerning an employee's mental injury claim against Knox County Government. The Tennessee Workers' Compensation Appeals Board reviewed the trial court's decision regarding subject matter jurisdiction and the timeliness of the employee's petition for benefits. The Board determined that the trial court erred in exercising subject matter jurisdiction because the alleged mental injury's precipitating events occurred prior to July 1, 2014, the effective date of the 2013 Reform Act. The decision clarified that mental injuries are not treated as gradual or cumulative injuries for jurisdictional purposes, distinguishing them from other injury types. Consequently, the Appeals Board reversed the trial court's order and remanded the case for dismissal due to lack of subject matter jurisdiction.

Mental Injury ClaimSubject Matter JurisdictionDate of Injury DefinitionTennessee Workers' Compensation Law2013 Reform ActStatute of LimitationsDiscovery Rule ApplicationCumulative Injury DistinctionOccupational Disease LawPTSD Diagnosis
References
26
Case No. 2022-01-0177
Regular Panel Decision
Jan 06, 2023

Wilder, Tom v. Monroe County Government

In this interlocutory appeal, the Tennessee Workers' Compensation Appeals Board reviewed a trial court's order concerning an injured paramedic, Tom E. Wilder. Wilder suffered neck and back injuries after a fall while transporting a patient, leading to a claim for temporary disability and medical benefits. The employer, Monroe County Government, denied the claim, citing pre-existing conditions and alleged willful misconduct, but the trial court found insufficient evidence for these defenses. The Appeals Board affirmed the trial court's decision, concluding that the employer's appeal was frivolous and remanding the case for an award of the employee's attorneys' fees and expenses.

Workers' CompensationInterlocutory AppealTemporary Disability BenefitsMedical BenefitsExpedited HearingWillful Misconduct DefenseAffirmative DefenseFrivolous AppealAttorney's FeesParamedic Injury
References
7
Case No. M2010-02021-COA-R3-CV
Regular Panel Decision
Aug 25, 2011

Porsha Perkins v. Metropolitan Government of Nashville and Davidson County

Porsha Perkins, a social worker, was terminated by the Metropolitan Government of Nashville and Davidson County following an unsubstantiated child abuse allegation. She had previously settled a claim with Metro for $45,000 and agreed not to be reinstated. Perkins subsequently filed a lawsuit in Circuit Court for retaliatory discharge and discrimination. The trial court granted summary judgment to Metro, reasoning that due to the prior settlement and her agreement not to be reinstated, Perkins could not prove an 'adverse employment action.' The Court of Appeals affirmed this decision, concluding that the settlement agreement negated a necessary element of her retaliatory discharge claim, thereby upholding the summary judgment.

Employment LawRetaliatory DischargeEmployment DiscriminationSummary JudgmentSettlement AgreementAdverse Employment ActionMcDonnell-Douglas FrameworkTennessee Supreme Court PrecedentAppellate ReviewCivil Service Commission
References
26
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