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Case Law Database

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

Case No. M2002-01204-COA-R3-CV
Regular Panel Decision
Jun 03, 2003

Hazel Ann Edde v. Gladys Dalton Edde

Hazel Ann Edde (Wife) filed for divorce from Gladys Dalton Edde (Husband) after a thirty-six year marriage, citing irreconcilable differences, inappropriate marital conduct, and adultery. The trial court granted the divorce to the Wife, divided marital property, and awarded her $425 per month in alimony in futuro. Husband appealed the alimony award, arguing that Wife had no need for it and he lacked the ability to pay. The Court of Appeals of Tennessee at Nashville affirmed the trial court's decision, concluding that the evidence supported the trial court's findings regarding Wife's economic disadvantage, the infeasibility of her rehabilitation, and Husband's ability to provide support. The case was remanded for further proceedings consistent with the opinion.

DivorceAlimonySpousal SupportMarital Property DivisionAppellate ReviewEconomic DisadvantageAbility to PayInappropriate Marital ConductAdulteryTrial Court Discretion
References
12
Case No. ADJ7917429
Regular
Mar 10, 2014

ROBERTO SALAZAR vs. WTS INTERNATIONAL, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a dispute over defendant's credit for Employment Development Department (EDD) payments against the applicant's permanent disability award. Initially, the WCJ granted the defendant credit for the entire period EDD paid benefits. Upon reconsideration, the Appeals Board clarified that the defendant is only entitled to credit for EDD payments made from January 2, 2012, to May 10, 2012, as these were effectively permanent disability advances. The Board rescinded the original award and amended the findings to reflect this adjusted credit.

Petition for ReconsiderationStipulated AwardPermanent DisabilityTemporary DisabilityCredit for PaymentsEmployment Development DepartmentEDDState Disability InsuranceSDIReimbursement
References
1
Case No. 01-22-00712-CV
Regular Panel Decision
Sep 17, 2024

Ernest Polk v. Texas Office of Consumer Credit Commissioner

Ernest Polk, a Financial Examiner I, was terminated by the Texas Office of Consumer Credit Commissioner (OCCC) for alleged misuse of his state credit card. Polk sued OCCC for race discrimination, retaliation, and hostile work environment, claiming his promotion was delayed and termination was retaliatory after he reported racial discrimination. The trial court granted OCCC's Plea to the Jurisdiction, dismissing his claims. The appellate court affirmed, finding Polk failed to establish a causal link or pretext for his retaliation claim, did not exhaust administrative remedies for his race discrimination termination claim, and the alleged harassment was not severe or pervasive enough for a hostile work environment claim.

Employment DiscriminationRetaliationRace DiscriminationHostile Work EnvironmentSovereign ImmunityAdministrative RemediesPlea to the JurisdictionCredit Card MisuseFailure to PromotePrima Facie Case
References
68
Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. ADJ13831018
Regular
Apr 21, 2023

Toshi Kuwata vs. Implant Direct, LLC, Ace American Insurance Company, Sedgwick CMS

The Workers' Compensation Appeals Board dismissed the Employment Development Department's (EDD) petition for reconsideration. The Board found the EDD was not aggrieved because its lien claim was not adjudicated and the award for temporary disability expressly excluded periods for which the EDD could assert a credit. The EDD's lien can still be adjudicated separately, and the defendants are advised to resolve the credit to avoid further interest.

Workers' Compensation Appeals BoardPetition for ReconsiderationEmployment Development DepartmentAggrieved PartyLien ClaimantFindings and AwardTemporary DisabilityEDD CreditUnemployment Insurance CodeStipulation
References
0
Case No. ADJ1626199 (SAC 0323236)
Regular
Aug 03, 2009

Steven Williams vs. Earthlink, Inc., Federal Insurance Company, CHUBB SERVICES CORPORATION

This case concerns a dispute over reimbursement for Employment Development Department (EDD) benefits paid to the applicant, Steven Williams. The Workers' Compensation Appeals Board previously ruled that Earthlink, Inc. was entitled to credit for the full EDD lien amount, reversing an earlier Administrative Law Judge decision that ordered additional payment. The Board affirmed its prior decision, finding no error in allowing credit for the EDD payments. Both parties' requests for sanctions against each other were denied.

WCABReconsiderationFindings and AwardEmployment Development DepartmentEDD LienLabor Code §4903.2Cumulative TraumaTemporary Total DisabilityIndemnityCredit
References
0
Case No. ADJ17343281
Regular
Apr 14, 2025

HARRIS WELLS vs. METROPOLITAN TRANSIT AUTHORITY

Harris Wells, a revenue collector, sustained injuries to his feet, ankles, and low back while employed by Metropolitan Transit Authority. The WCJ awarded temporary disability and attorney's fees but denied the defendant credit for EDD reimbursements. Defendant petitioned for reconsideration, arguing the WCJ erred in denying the credit. The Appeals Board granted reconsideration, rescinded the First Amended Findings and Award, and returned the matter for further proceedings. This was due to the WCJ's failure to make findings of fact on temporary disability and attorney's fees, and precluding the defendant from pursuing a credit for EDD reimbursements without proper adjudication.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityEDD Reimbursement CreditRichter v. Frontier CommunicationsPermanent DisabilityMedical Reporting InconsistenciesExpedited TrialLabor Code Section 5909
References
7
Case No. 08-17-00182-CV
Regular Panel Decision
Aug 14, 2019

Jodi Strobach v. WesTex Community Credit Union

Jodi Strobach appealed a summary judgment dismissing her lawsuit against WesTex Community Credit Union. Strobach claimed breach of contract, negligence, fraud, and deceptive trade practices after WesTex released funds from her account based on a garnishment judgment against her father, not her, and without proper notice to Strobach. The appellate court agreed that a question of fact remained regarding whether WesTex breached its contractual duty of ordinary care to Strobach. However, the court affirmed the summary judgment on Strobach's claims of negligence, fraud, and violations of the DTPA, citing the economic loss rule and lack of evidence for fraud.

GarnishmentSummary JudgmentBreach of ContractNegligenceFraudDeceptive Trade Practices ActDue ProcessNoticeVoid JudgmentOrdinary Care
References
115
Case No. MISSING
Regular Panel Decision

Credit One Financial v. Anderson (In re Anderson)

Plaintiff Orrin Anderson, a debtor, had his credit card debt with Credit One discharged in bankruptcy, but the debt remained on his credit report as 'charged off.' Anderson reopened his bankruptcy case and filed a class action complaint against Credit One for alleged violations of the discharge injunction. Credit One moved to compel arbitration, strike class allegations, and dismiss for lack of subject matter jurisdiction, which the Bankruptcy Court denied. Credit One appealed the denial to compel arbitration as of right and sought leave to appeal the denials to strike class allegations and dismiss for lack of subject matter jurisdiction. The District Court denied Credit One's motion for leave to appeal, finding no basis for pendent appellate jurisdiction or interlocutory appeal for the additional issues.

Bankruptcy Discharge InjunctionClass Action WaiverSubject Matter JurisdictionInterlocutory AppealPendent Appellate JurisdictionArbitration AgreementFederal Statutory ClaimsContempt PowerPunitive DamagesInjunctive Relief
References
49
Case No. MISSING
Regular Panel Decision

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
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