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

Case No. M2004-00846-COA-R3-CV
Regular Panel Decision
Dec 20, 2005

State of Tennessee v. Wanda Dean Wallace

The State of Tennessee appealed the assessment of discretionary costs in an eminent domain action against property owner Wanda Dean Wallace. The Circuit Court had awarded Wallace discretionary costs after a jury found her entitled to damages exceeding the State's initial tender. The State argued its exemption from such costs in eminent domain cases. The Court of Appeals agreed, concluding that a 1994 amendment to Tennessee Code Annotated § 29-17-812 removed the express statutory authority to assess discretionary costs against the State. Consequently, the appellate court reversed the Circuit Court's judgment and vacated the $5,650 award of discretionary costs against the State.

eminent domaindiscretionary costsstatutory interpretationappealTennessee lawgovernmental immunitysovereigntyexpert witness feesappraisal feesrule of civil procedure
References
22
Case No. MISSING
Regular Panel Decision
Nov 08, 2012

Claim of Bailey v. Achieve Rehab & Nursing

Claimant, a nursing assistant, was granted workers' compensation benefits for a permanent partial disability. Following an independent medical examination, the employer's workers' compensation carrier repeatedly attempted to reopen the claim, citing counsel's failure to provide updates on claimant's job search. The Workers' Compensation Board denied these requests, emphasizing the lack of sufficient supporting evidence beyond non-response. Consequently, the Board assessed a $1,000 cost against the carrier under Workers’ Compensation Law § 114-a (3) (i) for pursuing proceedings without reasonable grounds after being clearly advised on evidentiary requirements. The appellate court affirmed this decision, finding no abuse of discretion in the Board's assessment of costs.

Workers' CompensationPermanent Partial DisabilityWork SearchReopening ClaimCosts AssessmentAbuse of DiscretionIndependent Medical ExaminationAppellate ReviewBoard DecisionCarrier Responsibility
References
2
Case No. MISSING
Regular Panel Decision

Claim of Maiorano v. Plumbing

Claimant applied for workers' compensation benefits after being injured as a plumber in New York City. Despite residing in Brooklyn, the claimant sought to have hearings in White Plains, Westchester County, for convenience. A Workers’ Compensation Law Judge denied this request, and the Workers’ Compensation Board affirmed, additionally assessing $500 in costs against the claimant’s counsel under Workers’ Compensation Law § 114-a (3) (ii). The appellate court affirmed the Board's decision, stating that the Board Chair has authority over hearing locations and the claimant failed to provide a reasonable basis for the change of venue. The court also upheld the penalty assessment, finding substantial evidence for the Board's determination that the request lacked a reasonable basis.

Workers' Compensation LawVenue ChangeAppellate ReviewProcedural DenialCost AssessmentJudicial AuthorityAdministrative DiscretionClaimant RightsBoard DecisionAffirmation
References
3
Case No. 2015-07-0338
Regular Panel Decision
Jun 03, 2016

Pollard, Alvin v. Jones Companies LTD.

In this workers' compensation case, Alvin Pollard sought permanent partial disability, future medical benefits, and discretionary costs for injuries to his left hand sustained on September 15, 2014, while working for Jones Companies, LTD. The employer contested the extent of permanent partial disability for Mr. Pollard's index and middle fingers, as the treating physician, Dr. John Sparrow, assigned only a 3% impairment based solely on the ring finger amputation. However, the Court found Dr. Sparrow's rating rebutted by the independent medical evaluation of Dr. Samuel Chung, who assessed a 5% impairment to the body as a whole, including the index and middle fingers, due to traumatic amputations and persistent digital neuromas. Consequently, Judge Amber E. Luttrell ordered Jones Companies, LTD, to pay Mr. Pollard $11,064.38 in permanent partial disability benefits, provide lifetime future medical benefits, and cover $1,138.10 in discretionary costs, finding his claims were granted based on Dr. Chung's more comprehensive assessment.

Permanent Partial DisabilityMedical BenefitsDiscretionary CostsHand InjuryFinger AmputationDigital NeuromaAMA GuidesImpairment RatingIndependent Medical EvaluationRebuttal of Presumption
References
2
Case No. MISSING
Regular Panel Decision

Tokyo Electron Arizona, Inc. v. Discreet Industries Corp.

This order addresses the plaintiff Tokyo Electron Arizona's (TAZ) application for reasonable attorney's fees and costs against defendants Discreet Industries and Ovadia Meron (Discreet), pursuant to Federal Rule 37. The court determines the appropriate award by assessing the reasonableness of hourly rates and hours expended, applying the lodestar method. While acknowledging the high caliber of work, the court reduced Mr. Haug's hourly rate and applied a 10% overall reduction to the billed hours to account for potential overlap. Additionally, the court found TAZ's copying and transcript costs reasonable and partially awarded costs for a computer-generated Power Point presentation. Ultimately, TAZ was awarded $55,751.79 in fees and $5386.19 in costs, totaling $61,137.98.

Attorney's FeesCostsDiscovery SanctionsFederal Rule 37Lodestar MethodHourly RatesReasonable HoursEastern District of New YorkSouthern District of New YorkWork Product Doctrine
References
26
Case No. M2018-02002-COA-R3-CV
Regular Panel Decision
May 19, 2020

Araceli Cordova Ex Rel. Alfredo C. v. Nashville Ready Mix, Inc.

This wrongful-death action arose from the death of an employee, leading to post-settlement disputes concerning an attorney's fee lien, a workers' compensation subrogation lien, and the assessment of discretionary costs. The trial court adopted a special master's report, which awarded the plaintiffs' first attorney a fee based on a $400,000 settlement offer and found the workers' compensation carrier was not liable for any portion of the plaintiffs' attorneys' fees. On appeal, the Court of Appeals vacated the attorney fee award for the first attorney, reversed the ruling regarding the carrier's fee liability, and remanded the case for recalculation of the subrogation lien and reconsideration of discretionary costs, emphasizing the need to consider all relevant factors for a "reasonable fee" and the active participation of attorneys.

Wrongful DeathWorkers' Compensation SubrogationAttorney Fee DisputeAttorney's LienProfessional EthicsSubstitution of PartiesDiscretionary CostsAppellate ProcedureContractual AgreementReasonable Fee Calculation
References
24
Case No. 01S01-9708-BC-00173
Regular Panel Decision
Dec 07, 1998

Billy R. Phillips v. Tennessee Technological University, State of Tennessee

This case addresses whether the State of Tennessee may be held liable for discretionary costs in a workers' compensation claim. Plaintiff Billy R. Phillips sustained a work-related injury and sought to recover discretionary costs, including a treating physician's fee, court reporter costs, and a vocational disability expert's fee. The Supreme Court of Tennessee ruled that the State is only liable for costs expressly permitted by statute, specifically allowing the treating physician's fee under Tenn. Code Ann. § 50-6-226(c)(1) as an exception to the general prohibition against taxing discretionary costs against the State found in Tenn. Code Ann. § 9-8-307(d). The Court affirmed the claims commission's judgment denying other discretionary costs, while upholding the modified disability award of thirty-seven percent to the body as a whole.

Discretionary CostsState LiabilityWorkers' Compensation ActClaims Commission StatuteStatutory InterpretationCourt CostsTreating Physician FeesVocational Disability ExpertRule 54.04Tennessee Supreme Court
References
5
Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. MISSING
Regular Panel Decision

David Berry v. Faith Temple Ministry Int

This document is a form titled 'Statement of Inability to Afford Payment of Court Costs or an Appeal Bond'. It is designed for individuals to declare their financial situation to the court, seeking to waive court costs or the requirement of an appeal bond. The form requests comprehensive personal information, including details of dependents, any public benefits received, a detailed breakdown of monthly income and its sources, an assessment of property value, and an itemized list of monthly expenses. The form concludes with a declaration under penalty of perjury, affirming the accuracy of the provided financial information and the applicant's inability to afford court costs or an appeal bond.

Financial HardshipCourt Costs WaiverAppeal Bond WaiverIndigency FormPublic AssistanceIncome DeclarationExpense DeclarationAffidavit of IndigencyCivil ProcedureTexas Courts
References
0
Case No. 2014-07-0013 / 79380-2014
Regular Panel Decision
Nov 07, 2016

Garassino, Louis v. Western Express, Inc.

The employee, Louis Garassino, sought permanent disability benefits for a work-related back injury. The trial court initially awarded benefits based on his medical expert's impairment rating and included discretionary costs for the expert's examination fees. The employer, Western Express, Inc., appealed the award of these discretionary costs, arguing they were not recoverable under Tennessee law. The Workers’ Compensation Appeals Board reviewed the case, finding that the trial court erred in granting the medical expert's examination and record review fees as discretionary costs. Consequently, the Appeals Board affirmed the compensation order in part, but reversed and modified the portion related to the disputed discretionary costs, certifying the modified order as final.

Workers' CompensationPermanent Disability BenefitsDiscretionary CostsMedical Expert FeesImpairment RatingAppeals Board DecisionTrial Court ErrorStatutory InterpretationRules of Civil ProcedureTimeliness of Appeal
References
6
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