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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
Jun 09, 1983

Equitable General Insurance Co. of Texas v. Yates

Thomas Yates was initially awarded workers' compensation for injuries while employed by Schepps Dairy. Equitable General Insurance Company of Texas, the carrier, obtained a summary judgment against Yates on grounds of untimely claim filing. Yates' subsequent motion for a new trial was conditionally granted upon payment of $500 in attorney's fees to opposing counsel. After Yates filed an uncontested affidavit of inability to pay, the trial court denied the motion for new trial. The court of appeals reversed, and this court affirmed the court of appeals' judgment, ruling that while conditional grants of new trial are generally permissible, the trial court abused its discretion by denying the motion in the face of an uncontested affidavit of inability to pay the imposed monetary condition.

Summary JudgmentMotion for New TrialAttorney's FeesConditional GrantAbuse of DiscretionAffidavit of Inability to PayTexas Rules of Civil ProcedureWorkers' CompensationEquitable ConsiderationsAppellate Review
References
16
Case No. M2011-00911-COA-R3-CV
Regular Panel Decision
Dec 09, 2011

Orlando Residence, LTD. v. Nashville Lodging Company, Nashville Residence Corp., and Kenneth E. Nelson

This appeal concerns the effective date of a judgment against Kenneth E. Nelson, which dictates whether the judgment has expired. The Appellant argued that the doctrines of equitable estoppel and law of the case should prevent the Plaintiff from asserting that the judgment was entered in 2004. The trial court determined that the judgment had not expired, holding its effective date to be October 7, 2004, following a remand that resolved a statute of limitations issue and vacated the original 2000 judgment. The Court of Appeals affirmed the trial court's decision, finding the issues justiciable and within the chancery court's jurisdiction, and rejected the arguments based on the law-of-the-case doctrine and equitable estoppel.

Judgment ExpirationStatute of LimitationsEquitable EstoppelLaw of the CaseFraudulent ConveyancePost-Judgment InterestSubject Matter JurisdictionDirect AppealAppellate ReviewDavidson County Chancery Court
References
34
Case No. MISSING
Regular Panel Decision

Washburn v. Associated Indemnity Corp.

This workers' compensation case involves an appeal by Gary and Sharron Washburn, individually and as representatives of the estate of Howard S. Washburn, challenging a summary judgment granted in favor of Associated Indemnity Corporation. Howard Washburn, a security guard, died while commuting to an overtime assignment. The Industrial Accident Board initially denied benefits, and both parties filed notices to appeal the decision. The primary legal question is whether the doctrines of judicial or equitable estoppel prevented the carrier from denying that Howard was in the course and scope of his employment. The appellate court found neither doctrine applicable, specifically noting the lack of reliance by the Washburns for equitable estoppel, and thus affirmed the trial court's judgment for the carrier.

Workers' CompensationSummary Judgment AppealJudicial EstoppelEquitable EstoppelCourse of EmploymentCommuting InjuryTexas Workers' CompensationIndustrial Accident Board AppealAppellate Court DecisionInsurance Dispute
References
3
Case No. MISSING
Regular Panel Decision

Viviano v. Allard

This case involves a postjudgment application for equitable distribution of a class action settlement by a former wife against her former husband. The parties were divorced in 1984, with all known marital property having been distributed. The husband became a member of a class action lawsuit against Continental Can Company, where his employment was terminated prior to the divorce, leading to a substantial monetary settlement in 1990. The wife, learning of this settlement in 1992, filed for equitable distribution, arguing the proceeds constituted marital property. The Supreme Court ordered a hearing, finding that the settlement proceeds, if known at the time of divorce, would have been considered marital property. The appellate court affirmed this decision, citing unusual circumstances where an asset was unknown to both parties at the time of the divorce, thereby justifying an opportunity for the wife to litigate the issue. The court held that benefits earned during the marriage, even if realized post-divorce, could be subject to equitable distribution.

Divorce LawEquitable DistributionMarital PropertyClass Action SettlementPostjudgment ReliefRes Judicata ExceptionAppellate ReviewUnforeseen AssetsDeferred CompensationFamily Law
References
8
Case No. MISSING
Regular Panel Decision

Blankenship v. Estate of Bain

The Tennessee Supreme Court addressed whether TennCare, administered by Blue Cross/Blue Shield, has subrogation rights for medical expenses paid on behalf of a recipient without the recipient first being 'made whole' for their loss. Benny and Sheila Blankenship, TennCare enrollees, were injured in a car accident and settled their claim for less than their total damages. Blue Cross/Blue Shield sought to intervene for subrogation. The trial court denied this, citing the 'made whole' doctrine, but the Court of Appeals reversed. The Supreme Court reversed the Court of Appeals, holding that TennCare's subrogation rights under Tenn.Code Ann. § 71-5-117(a) are subject to the equitable 'made whole' doctrine, as the statute does not explicitly waive this requirement. It also clarified that federal law does not mandate full subrogation regardless of the 'made whole' doctrine.

SubrogationMade Whole DoctrineTennCareMedical Assistance ProgramEquitable PrinciplesStatutory InterpretationHealth InsuranceThird-Party LiabilityWorkers' CompensationMedicaid
References
23
Case No. MISSING
Regular Panel Decision

Turner v. Turner

After a 30-year marriage, the plaintiff wife initiated a divorce action in August 1991, seeking equitable distribution of marital property. The Supreme Court's initial distribution, which allocated approximately 62% of assets to the defendant and 38% to the plaintiff without explanation, was appealed by the plaintiff for equal division. The appellate court concurred, mandating equal division of net rental income and marital residence proceeds. Furthermore, recognizing the significant disparity in their retirement plans and the plaintiff's limited contribution period, the court ruled she was entitled to an equitable share of the defendant's pension. The plaintiff was also granted reimbursement for a $4,410 Workers' Compensation award confiscated by the defendant without proper offset proof. The judgment was modified and the matter remitted for property redistribution and consideration of counsel fees.

Equitable DistributionMarital PropertyDivorceWorkers' CompensationPension DivisionRental IncomeSpousal SupportMarital AssetsReimbursementCounsel Fees
References
1
Case No. MISSING
Regular Panel Decision
Jan 06, 1989

Smith v. Smith

In this case, the Supreme Court, Westchester County, initially granted equitable distribution of State lottery winnings by allocating 85% to the defendant husband and 15% to the plaintiff wife. The parties were married in 1982, and the defendant won $13.5 million in the lottery in 1985 through a pool with co-workers. Although the wife regularly played the lottery, the husband rarely did. The court found the winnings to be marital property but awarded the wife only 15% based on the ticket being acquired solely through the husband's efforts. On appeal, the judgment was unanimously reversed, with the appellate court determining that a more equitable distribution would be an equal division of the lottery winnings, citing the parties' equal contributions to the marriage, their treatment of it as a partnership, and the fact that the winnings were their only significant asset.

Equitable DistributionLottery WinningsMarital PropertySpousal ContributionsDomestic Relations LawProperty DivisionAppellate ReviewMatrimonial AssetsFinancial AssetsDissolution of Marriage
References
7
Case No. MISSING
Regular Panel Decision

Dash v. Equitable Life Assur. Soc. of US

Kenneth Dash, a black employee, sued Equitable Life Assurance Society and Equicor-Equitable HCA Corp. for racial discrimination in employment under Title VII and 42 U.S.C. § 1981, alleging unfair job evaluations, denied promotion, and retaliatory discharge. Defendants moved for dismissal or summary judgment. The court, applying Patterson v. McLean Credit Union retroactively, dismissed claims of discriminatory job evaluations, discriminatory discharge, and retaliatory discharge under § 1981. However, the court denied the motion for summary judgment regarding the discriminatory denial of promotion claim, finding a question of fact as to whether the promotion to Team Leader constituted an opportunity for a "new and distinct" contractual relationship. The promotion claim will proceed to trial.

Racial DiscriminationEmployment DiscriminationTitle VIISection 1981Promotion DenialRetaliatory DischargeSummary JudgmentMotion to DismissPatterson v. McLean Credit UnionNew and Distinct Relation
References
36
Case No. MISSING
Regular Panel Decision

Marcus v. Marcus

This case involves an appeal and cross-appeal challenging a trial court's equitable distribution of marital assets following a divorce between a plaintiff wife and defendant husband, Harold Marcus. The couple's long marriage began in 1948, with the wife contributing to household expenses while the husband completed medical school and later built a successful psychiatric practice and investments. Key disputes included the cut-off date for classifying marital property, the valuation date for assets (with the trial court using the Feb 1985 trial date), and the valuation of the husband's retirement plan trust and professional corporation. The court modified the plaintiff's award from the retirement plan and remitted the matter to the Supreme Court, Westchester County, for a new hearing to determine the value and equitable distribution of the husband's medical license and psychiatric practice.

Equitable distributionMarital assetsDivorce actionProfessional license valuationRetirement planProperty classificationValuation dateSpousal contributionsMarital residenceInvestment account
References
18
Case No. MISSING
Regular Panel Decision

Goudreau v. Goudreau

This case details an appeal from a Supreme Court judgment concerning the equitable distribution of marital property and the denial of maintenance in a divorce action. The parties, married in 1978, had two children. The plaintiff worked in the defendant's contracting business without pay before developing a work-related partial disability and receiving workers' compensation benefits. The defendant's primary income came from his contracting business, and the couple acquired three parcels of real property during their marriage. The Supreme Court granted a divorce, distributed assets, and denied maintenance to both parties. On appeal, the court affirmed the equitable distribution, deeming it fair. However, the appellate court reversed the denial of maintenance, remitting the case for a new trial on that issue. This reversal was based on the Supreme Court's failure to provide a reasoned analysis for its decision, as required by Domestic Relations Law § 236 (B) (6) (b), and concerns regarding the imputation of income to the plaintiff without adequately considering her partial disability or providing a factual basis for the calculation.

DivorceEquitable DistributionMarital PropertyMaintenanceSpousal SupportImputed IncomeWorkers' Compensation BenefitsPartial DisabilityAppellate ReviewRemittal
References
13
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