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Case Law Database

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. 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. 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
Case No. M2011-01165-COA-R3-CV
Regular Panel Decision
May 16, 2012

Shandra Kay Hattaway v. Kevin Todd Hattaway

This divorce appeal from the Circuit Court for Sumner County saw the Husband challenge the trial court's division of marital property, alimony award, permanent parenting plan, discretionary costs, and attorney fees. The Court of Appeals of Tennessee found that the trial court erred in awarding excessive rehabilitative alimony, limiting the Husband's parenting time to 28 days a year, and granting discretionary costs for expert fees. The appellate court affirmed the remaining aspects of the trial court's decision, vacating and remanding for recalculation of alimony and a new parenting schedule, along with related child support adjustments. The award of discretionary costs for an expert who did not testify was reversed.

DivorceMarital PropertyAlimonyChild CustodyParenting TimeAttorney FeesDiscretionary CostsAppellate ReviewEquitable DistributionSpousal Support
References
19
Case No. 2015-08-0169
Regular Panel Decision
May 17, 2016

Perry, Bryant C. v. Memphis Light, Gas & Water

Bryant C. Perry, an employee of Memphis Light, Gas & Water (MLGW), sought permanent partial disability benefits and discretionary costs after sustaining a groin and right hip injury at work. The central legal issues were Mr. Perry's entitlement to benefits and the employer's responsibility for attorney's discretionary costs. The Court granted Mr. Perry's requests, finding he established his entitlement by a preponderance of the evidence. Specifically, the Court found a five percent permanent impairment to the body due to a hernia injury, rebutting the treating physician's opinion. Mr. Perry was awarded $14,131.80 in permanent partial disability benefits and $1,446.85 for discretionary costs.

Workers' CompensationPermanent Partial DisabilityHernia InjuryHip StrainMedical Impairment RatingDiscretionary CostsAttorney FeesTreating Physician PresumptionIndependent Medical ExaminationTennessee Workers' Compensation Law
References
5
Case No. MISSING
Regular Panel Decision

Staggs v. National Health Corp.

Mary Staggs sustained a back injury during employment, leading to a workers' compensation claim. The trial court initially awarded benefits, including reimbursement for medical expenses paid by Staggs and by Metropolitan Life Insurance Company, and discretionary costs, with post-judgment interest on these amounts. However, the Special Workers’ Compensation Appeals Panel concluded that post-judgment interest was not applicable to the medical expenses reimbursed to the third-party insurer or the discretionary costs. This Court reviewed the Appeals Panel's conclusions de novo and found them correct. Consequently, the Court reversed the trial court's judgment regarding post-judgment interest on the medical expenses reimbursed to Metropolitan Life and the award of discretionary costs.

Post-judgment interestDiscretionary costsMedical expenses reimbursementThird-party insurerUnjust enrichmentWorkers' Compensation ActTennessee Supreme CourtAppeals PanelStatutory interpretationPrecedent
References
4
Case No. MISSING
Regular Panel Decision

Miles v. Marshall C. Voss Health Care Center

Ada Miles, a 39-year-old licensed practical nurse, suffered a low back, right shoulder, and right arm injury while working in June 1991, later diagnosed as reflex sympathetic dystrophy by Dr. Berta M. Bergia. The trial court found Miles totally and permanently disabled and awarded discretionary costs, including a fee for vocational expert Dr. Craig Colvin. The employer, Marshall C. Voss Health Care Center, appealed the findings of causation and the award of discretionary costs. The Supreme Court of Tennessee affirmed the total permanent disability finding but remanded the case for the trial court to determine the portion of Dr. Colvin's fee attributable to his trial testimony, as only testifying fees are recoverable as discretionary costs under Tenn.R.Civ.P. 54.04(2).

Workers' CompensationDiscretionary CostsExpert Witness FeesVocational DisabilityReflex Sympathetic DystrophyPermanent Total DisabilityTrial Court DiscretionCausationMedical ExpensesAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

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

This case addresses whether the State of Tennessee may be held liable for discretionary costs in workers' compensation claims. Plaintiff Billy R. Phillips, injured while employed by a state university, sought reimbursement for a treating physician's fee, court reporter costs, and a vocational disability expert's fee. The claims commission initially allowed only the physician's fee, a decision largely affirmed by the Tennessee Supreme Court. The Court held that the State's liability for costs is limited to those expressly permitted by the Tennessee claims commission statute or the Workers’ Compensation Act, specifically allowing the treating physician's fee under Tenn.Code Ann. § 50-6-226(c)(1) while denying other discretionary costs. The Court affirmed the claims commission's judgment on costs and upheld the Special Workers' Compensation Panel's modification of the plaintiff's disability award to thirty-seven percent.

Discretionary CostsWorkers' CompensationState LiabilityClaims CommissionStatutory InterpretationTreating Physician FeeCourt Reporter CostsVocational Disability ExpertRule 54.04Tennessee Code Annotated
References
5
Case No. E2004-03001-COA-R3-CV
Regular Panel Decision
Jan 04, 2006

Kenny Vaughn v. Notie L. Cunningham

Kenny and Barbara Vaughn appealed a jury verdict that found John Doe 100% at fault for an automobile accident but awarded the Plaintiffs zero damages. They argued the damages were unreasonable and the trial court erred by not granting a new trial or awarding costs against them. The Court of Appeals affirmed the jury's finding of zero damages, determining there was material evidence to support the verdict, particularly regarding the Plaintiffs' credibility and prior injuries. However, the appellate court modified the trial court's order by vacating the award of discretionary costs to John Doe, as his motion was untimely filed. The court affirmed the award of discretionary costs to Notie L. Cunningham and other court costs against the Plaintiffs.

Automobile AccidentPersonal InjuryJury VerdictZero DamagesWitness CredibilityAppellate ReviewMaterial EvidenceAbuse of DiscretionCourt CostsDiscretionary Costs
References
16
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