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

Case No. W2013-00673-COA-R3-CV
Regular Panel Decision
Jun 19, 2014

Practical Ventures, LLC d/b/a AAA Cash Fast v. James Neely, Commissioner of the Tennessee Department of Labor and Workforce Development, and Danyelle A. McCullough

This case involves an appeal from an administrative decision regarding unemployment benefits. Practical Ventures, LLC, the employer, appealed the decision by the Tennessee Department of Labor and Workforce Development, which found claimant Danyelle A. McCullough eligible for unemployment benefits based on "constructive discharge." The employer discovered financial irregularities in McCullough's store, suspended her, and requested her keys. McCullough claimed she was planning to quit anyway due to her daughter's illness. The Court of Appeals reversed the lower court's affirmance, holding that the doctrine of constructive discharge is inapplicable to unemployment compensation proceedings and that McCullough's actions amounted to a voluntary termination of employment without good cause, thus disqualifying her from benefits.

Unemployment BenefitsConstructive DischargeVoluntary TerminationFinancial MisconductEmployee SuspensionAdministrative DecisionJudicial ReviewAppellate CourtLabor LawWorkforce Development
References
25
Case No. M2013-01008-COA-R3-CV
Regular Panel Decision
Jun 05, 2014

William Barry Wood v. Karla Davis, Commissioner of Tennessee Department of Labor and Workforce Development

William Barry Wood, employed by the Tennessee Department of Labor and Workforce Development as an executive service appointee, was terminated without notice or a hearing. He sought a declaratory order that his position was career service, entitling him to due process, but this was denied. Wood then filed a chancery court petition for declaratory and injunctive relief, which the trial court dismissed, finding his job classification unreviewable. On appeal, the Court of Appeals affirmed, holding that Wood, having never been classified in career service, possessed no constitutionally protected property interest in his employment. Furthermore, the court determined his companion Section 1983 claim was time-barred, upholding the dismissal of his petition.

Employment LawPublic Sector EmploymentDue ProcessExecutive ServiceCareer ServiceDeclaratory JudgmentInjunctive ReliefStatute of LimitationsAdministrative LawAppeal
References
8
Case No. W2004-02373-COA-R3-CV
Regular Panel Decision
Aug 02, 2005

Lawuan Stanford v. The Commissioner of the Department of Labor and Workforce Development and Altama Footwear

Lawuan Stanford, a former employee of Altama Footwear, appealed the denial of her unemployment benefits claim after being terminated for failing to report absences. The Tennessee Department of Labor and Workforce Development initially denied her claim, which was subsequently upheld by the Appeals Tribunal, the Board of Review, and the Chancery Court for Henderson County. Stanford argued her absences were due to diabetes, but the courts focused on her non-compliance with the employer's policy requiring her to report absences. The Court of Appeals of Tennessee affirmed the lower court's decision, ruling that Stanford's persistent failure to report her absences constituted 'misconduct connected with her work' under Tenn. Code Ann. § 50-7-303(a)(2), thereby disqualifying her from receiving unemployment benefits.

Unemployment BenefitsEmployee TerminationWorkplace MisconductAbsenteeism PolicyFailure to NotifyAppellate ReviewAdministrative LawTennessee LawEmployer's InterestStandard of Review
References
15
Case No. M2011-02761-COA-R3-CV
Regular Panel Decision
Apr 10, 2013

Kenner D. Ensey v. Karla Davis, Commissioner of the Tennessee Department of Labor and Workforce Development

Kenner D. Ensey appealed a decision denying him unemployment benefits after he voluntarily quit his job due to alleged verbal abuse from his supervisor. The Tennessee Department of Labor and Workforce Development initially denied his claim, finding he lacked good work-related cause. The Appeals Tribunal reversed this, but the Commissioner’s Designee upheld the denial, deeming the incident isolated and insufficient for good cause. The chancery court affirmed the Designee's decision. This Court, however, reversed, concluding that Ensey had good cause to leave his employment due to the supervisor's offensive, embarrassing, and potentially violent outburst, which was condoned by the owner's inaction, despite him voluntarily quitting.

Unemployment BenefitsVoluntary QuitGood CauseVerbal AbuseSupervisor MisconductEmployer InactionAppellate ReviewAdministrative LawTennessee LawEmployment Dispute
References
9
Case No. E2003-01685-COA-R3-CV
Regular Panel Decision
May 26, 2004

Randall C. Hagy v. Commisssioner, Tennessee Department of Labor and Workforce Development and Tennessee Distribution, Inc.

Randall C. Hagy was discharged from his employment with Tennessee Distribution, Inc. after refusing to handle materials he deemed offensive to his religious beliefs. The Commissioner of the Tennessee Department of Labor and Workforce Development denied Hagy unemployment benefits, a decision subsequently affirmed by the Chancery Court for Sullivan County. Hagy appealed to the Court of Appeals of Tennessee, raising issues concerning the evidentiary support for the decision, alleged procedural violations of his right to a jury trial, and violations of his constitutional rights, including freedom of religion. The Court of Appeals affirmed the trial court's decision, finding substantial and material evidence supported the Board's conclusion that Hagy was discharged for misconduct due to his refusal to perform job duties. The court also determined that the unemployment compensation law was a neutral and generally applicable law, thus not violating Hagy's free exercise of religion, and declined to address the jury trial issue as it was not raised in the lower court.

Unemployment CompensationReligious DiscriminationEmployee MisconductRefusal to WorkFreedom of ReligionAppellate ReviewSubstantial EvidenceAdministrative LawChancery CourtCourt of Appeals
References
9
Case No. M2010-02277-COA-R3-CV
Regular Panel Decision
Oct 10, 2011

Tyson Foods (Re: Sandra Gibson) v. Tennessee Department of Labor & Workforce Development, Workers' Compensation Division

The employer, Tyson Foods, appealed the dismissal of its petition for common law writ of certiorari by the Chancery Court for Davidson County. Tyson Foods sought to challenge an order from the Tennessee Department of Labor & Workforce Development, Workers’ Compensation Division, which mandated the provision of temporary disability and medical benefits to employee Sandra Gibson. The trial court dismissed the petition, citing a lack of subject matter jurisdiction and the existence of an adequate remedy at law. The Court of Appeals affirmed this dismissal, concluding that Tyson Foods had not exhausted its administrative remedies under the Benefit Review Process and that the statutory scheme's reimbursement provision from the second injury fund addressed due process concerns. The court found the petition premature and upheld the trial court's decision.

Workers' CompensationAppellate ReviewSubject Matter JurisdictionDue ProcessCommon Law CertiorariAdministrative LawBenefit Review ProcessStatutory InterpretationRefund RemedySecond Injury Fund
References
19
Case No. M2013-01235-COA-R3-CV
Regular Panel Decision
Jul 07, 2014

Kimberly A. Sparkman v. Burns Phillips, Commissioner, Tennessee Department of Labor And Workforce Development, and First Tennessee Bank, N. A.

This appeal concerns the denial of unemployment compensation benefits to Kimberly A. Sparkman. She was terminated from her employment at First Tennessee Bank, N.A., for refusing an alcohol test after her supervisors detected alcohol on her. Sparkman had previously been warned that refusal to take such a test would result in termination. The Tennessee Department of Labor and Workforce Development, the Appeals Tribunal, the Board of Review, and the Chancery Court all found her refusal to constitute work-related misconduct, thereby disqualifying her from benefits. The Court of Appeals of Tennessee affirmed the lower court's decision, holding that the smell of alcohol provided a reasonable basis for the test request and that her refusal, despite prior warning, was work-related misconduct under state law.

unemployment benefitsworkplace misconductalcohol testingrefusal to testemployment terminationjudicial reviewadministrative decisionTennessee lawappellate reviewreasonable suspicion
References
13
Case No. M2011-02272-COA-R3-CV
Regular Panel Decision
Aug 03, 2012

ARI, Inc. v. James G. Neeley, Commissioner of the Tennessee Department of Labor and Workforce Development

The Court of Appeals of Tennessee affirmed a Chancery Court order upholding the Tennessee Department of Labor and Workforce Development's determination that ARI, Inc. underpaid state unemployment tax premiums. ARI appealed the assessment, citing due process violations in the administrative hearing and insufficient evidence. The court found that ARI's due process argument was waived due to a failure to raise the issue appropriately during the administrative process. Furthermore, the court concluded there was substantial and material evidence supporting the Department's finding that ARI failed to notify the Department of employee transfers, violating Tenn. Code Ann. § 50-7-403(b)(4). The court also upheld the Department's statutory authority to aggregate accounts and recalculate the tax liability based on the predecessor/successor relationship of the commonly owned entities.

unemployment taxdue processadministrative hearingpayroll transfersTennessee Employment Security Lawagency decisiontax assessmentstatutory authorityexperience ratingemployer liability
References
14
Case No. M2017-02213-COA-R3-CV
Regular Panel Decision
Aug 27, 2018

Hampton Crane Service, Inc. v. Burns Phillips, Commissioner Of Tennessee Department of Labor & Workforce Development

This case involves an appeal by Hampton Crane Service, Inc. (Employer) from a decision to award unemployment benefits to its former employee, Charles M. Jones. Mr. Jones was terminated after the Employer alleged he falsified medical information during Department of Transportation physical examinations regarding his vision problems. The Employer claimed this constituted misconduct, disqualifying him from benefits. The Commissioner’s Designee and the chancery court found that Mr. Jones’s actions were, at most, ordinary negligence, not misconduct, and affirmed his eligibility for benefits. The Court of Appeals of Tennessee affirmed the chancery court's decision, concluding that the inaccuracies in the medical forms were isolated instances of negligence, not deliberate misconduct, and that the employer had prior knowledge of Mr. Jones's vision issues.

Unemployment BenefitsMisconductMedical ExaminationCommercial Driver's LicenseWorkers' Compensation ClaimFalsification of RecordsOrdinary NegligenceAppellate ReviewAdministrative Agency DecisionSubstantial and Material Evidence
References
7
Case No. MISSING
Regular Panel Decision
May 06, 2005

Claim of Fiero v. New York City Department of Housing Preservation & Development

Claimant's decedent, an employee of the New York City Department of Housing Preservation and Development, was struck by a truck and died 16 days later after parking his car across the street from his office. Due to a heart condition, his employer had arranged for him to park in this lot. A Workers’ Compensation Law Judge initially established the case for accident, notice, and causal relationship, awarding benefits. However, the Workers’ Compensation Board reversed, finding the accident did not arise out of and in the course of employment. The appellate court affirmed the Board's decision, concluding there was no special hazard at the off-premises location and the route was not controlled or endorsed by the employer, thus the accident was not a work-related hazard.

Workers CompensationScope of EmploymentGoing and Coming RuleSpecial Hazard ExceptionPublic Highway AccidentOff-Premises InjuryCausal RelationshipDeath BenefitsAppellate ReviewEmployer Liability
References
7
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