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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

Friedar v. Government of Israel

Samuel Friedar, a New York citizen, sued the Government of Israel and its branches for failing to compensate him for medical costs and expenses incurred after being injured while serving in the Israeli Army in 1948. Friedar alleged breach of contract, intentional withholding of information, negligent loss of files, and wrongful conversion of funds. The Government moved to dismiss, claiming sovereign immunity under 28 U.S.C. § 1604 and that the action was barred by the Act of State doctrine. The Court found that the Government was entitled to sovereign immunity, rejecting Friedar's arguments for exceptions based on waiver or commercial activity. Furthermore, even if jurisdiction existed, the Court would dismiss the case under the Act of State doctrine, citing the impropriety of reviewing a foreign state's internal administrative activity, especially regarding military and veterans' benefits. The Government’s motion to dismiss was granted.

Sovereign ImmunityAct of State DoctrineMotion to DismissForeign Sovereign Immunities ActFSIAGovernmental ImmunityCommercial Activity ExceptionVeterans' BenefitsJurisdictionInternational Law
References
13
Case No. M2015-01488-COA-R3-CV
Regular Panel Decision
Jun 30, 2016

The Metropolitan Government of Nashville and Davidson County v. The Civil Service Commission of The Metropolitan Government of Nashville And Davidson County, Tennessee

An officer with the Davidson County Sheriff's Department, Jerry Clark, was terminated for dishonesty after filing reports alleging he was attacked during training, which an investigation found to be exaggerated. An administrative law judge initially ordered his reinstatement with a ten-day suspension, a decision adopted by the Civil Service Commission. However, the Metropolitan Government sought judicial review, and the chancery court reversed the Commission's decision, finding it unsupported by substantial evidence. The Court of Appeals affirmed the chancery court's ruling, concluding that the ALJ's findings were not backed by material evidence and remanded the case to the Commission for a determination of appropriate disciplinary action.

Police MisconductTermination of EmploymentDishonestyAdministrative ReviewJudicial PrecedentCivil Service LawSubstantial Evidence RuleWorkers' Compensation ClaimsRetaliation AllegationsDue Process Rights
References
7
Case No. M2004-01910-COA-R3-CV
Regular Panel Decision
Sep 01, 2005

Rickey W. Pendleton v. The Metropolitan Government of Nashville and Davidson County

Rickey W. Pendleton sued the Metropolitan Government of Nashville and Davidson County for injuries sustained during his arrest by metropolitan police officers, alleging assault and battery and vicarious liability through respondeat superior. The trial court granted summary judgment for the government, ruling that a standalone respondeat superior claim was insufficient under the Tennessee Governmental Tort Liability Act (GTLA) for intentional torts, requiring a separate negligence claim against the governmental entity. The Court of Appeals affirmed this decision, holding that the GTLA mandates a direct showing of negligence by the governmental entity for intentional torts committed by its employees, and Pendleton failed to assert such a claim against the Metropolitan Government.

Governmental Tort Liability ActRespondeat SuperiorSummary JudgmentIntentional TortsNegligenceAssault and BatteryPolice MisconductGovernmental ImmunityTennessee LawMunicipal Liability
References
6
Case No. MISSING
Regular Panel Decision

Rollins v. Wilson County Government

Plaintiff Linda Rollins sued Wilson County Government and Ron Gilbert for wrongful termination under the Family Medical Leave Act (FMLA). Rollins argued that her termination, while on leave for a serious health condition, violated the FMLA. The key dispute revolved around whether her prior employment with the Wilson County School System could be aggregated with her employment at the Wilson County Government to meet the FMLA's 12-month employment eligibility requirement. Plaintiff cited federal regulations and the U.S. Bureau of Census to argue that the two entities constituted a single public agency for FMLA purposes. Defendants contended that under Tennessee law, the county government and the county school system are distinct legal entities. The Court, examining the creation, function, and administration of the two entities, found them to be separate and distinct under Tennessee law, thus preventing the aggregation of Rollins' employment periods. Consequently, Rollins did not meet the 12-month employment eligibility requirement for FMLA coverage. The Court also rejected Plaintiff's estoppel argument, finding the cited FMLA regulation provision was not applicable retroactively to 1993 when the claims accrued. Therefore, the Court granted the Defendant's Motion for Summary Judgment and dismissed the case.

FMLAFamily Medical Leave ActWrongful TerminationSummary JudgmentEmployer EligibilityPublic AgencyDistinct EntitiesState LawFederal LawAggregation of Employment
References
18
Case No. C.A. No. 02A01-9701-CH-00024
Regular Panel Decision
Sep 08, 1997

Eileen Smith v. Shelby Co. Government

Eileen Smith, a social worker, sued Shelby County Government for workers' compensation benefits after sustaining a right wrist injury while assisting a patient. The Chancery Court of Shelby County found the injury compensable, awarding Smith 60% permanent vocational disability to her right arm. Shelby County Government appealed this decision, challenging both the finding of a work-related injury and the extent of the disability award. The Court of Appeals of Tennessee, Western Section at Jackson, affirmed the trial court's judgment, concluding that the evidence, including reports from Dr. E. B. Wilkerson and lay testimony, supported the finding that the injury arose out of employment. The court also upheld the disability rating, considering Smith's job skills, education, and the impact of her injury on her employment, as well as Dr. Neil Aranov's testimony regarding a work-related psychological adjustment disorder.

Workers' CompensationVocational DisabilityPermanent DisabilityWrist InjurySocial WorkerOrthopedic SurgeryPsychological ConditionMedical ImprovementScope of EmploymentAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Faust v. Metropolitan Government of Nashville

This appellate opinion addresses the eligibility of civilian police and fire department employees for enhanced retirement benefits from the Metropolitan Government of Nashville and Davidson County. The dispute originated from the Metropolitan Benefit Board's decision in 1995 to include civilian fire department employees in a specialized pension plan, leading civilian police employees and their association to sue for equal protection violations. The trial court initially found disparate treatment, but the Metropolitan Government later argued the Board's actions were ultra vires. The appellate court reversed the trial court's decision, holding that the Board's administrative interpretations were unauthorized and void ab initio, and that the doctrine of estoppel could not be applied against the municipal corporation in this context.

Retirement BenefitsPension PlansEqual ProtectionUltra ViresAdministrative LawStatutory ConstructionMunicipal CorporationsEstoppelCivilian EmployeesPolice Department
References
87
Case No. M2000-02902-COA-R3-CV
Regular Panel Decision
Feb 26, 2003

Rebecca McMurry v. Metro Government of Nashville

Rebecca McMurry, an employee, sued the Metropolitan Government of Nashville and Davidson County after a slip and fall at work resulted in a knee injury. She sought damages under the Tennessee Governmental Tort Liability Act for lost earning capacity, pain, and suffering. The trial court awarded $24,000, attributing fault to Metro but finding the injury an exacerbation of a pre-existing condition, and also awarded $2,858.30 in discretionary costs, excluding a $900 expert trial preparation fee. McMurry appealed, arguing for increased damages and the inclusion of the expert fee. The Court of Appeals affirmed the trial court's judgment, upholding the finding of exacerbation and confirming that expert witness preparation fees are not recoverable discretionary costs.

Governmental Tort LiabilitySlip and FallKnee InjuryPre-existing ConditionExacerbation of InjuryDamages AwardAppellate ReviewExpert Witness FeesDiscretionary CostsCausation
References
33
Case No. MISSING
Regular Panel Decision

Weissman v. Government Employees Insurance

This case concerns an appeal by plaintiffs from the denial of their motion for summary judgment and a motion to renew and reargue in a declaratory judgment action. The plaintiffs sought a declaration that a Workers' Compensation claim filed by their employee, Carrie Johnson, against them was covered under their homeowner's insurance policy issued by GEICO. Carrie Johnson sustained personal injuries at the plaintiffs' premises. While GEICO provided defense for the personal injury action, it refused to defend the Workers' Compensation claim. The appellate court affirmed the lower court's denial, citing unresolved factual questions concerning Johnson's employment status that are best left to the Workers' Compensation Board. The court also noted that GEICO's tardy disclaimer would not create coverage and the plaintiffs' estoppel claims against GEICO were without merit.

Homeowner's Insurance PolicyWorkers' Compensation CoverageDeclaratory Judgment ActionSummary Judgment AppealInsurance DisputeEmployment StatusAppellate DivisionQueens County Supreme CourtInsurance DisclaimerEstoppel Claim
References
6
Case No. M2005-00932-COA-R3-CV
Regular Panel Decision

Amos v. Metropolitan Government of Nashville

The case concerns former police and fire department employees of the Metropolitan Government of Nashville and Davidson County who sought to include lump-sum payments for unused vacation days in their pension calculations. The trial court and Court of Appeals ruled against the employees, granting summary judgment to Metro, concluding that these payments were not part of "average earnings" as defined by the Metro Code. The Supreme Court affirmed this decision, acknowledging that while lump-sum vacation payments are indeed compensation for personal services, their timing (paid after employment termination) prevented their inclusion in the "average earnings" for pension benefits. The court emphasized that the Metro Code's pension formula is based on a sixty-month calculation, which would be disrupted by including post-termination payments. Furthermore, the absence of a specific provision for vacation leave in pension credit, unlike sick leave, indicated no legislative intent to include such payments in pension calculations.

Pension calculationVacation payLump-sum paymentAverage earningsMetro Code interpretationDeclaratory judgmentSummary judgmentAppellate reviewStatutory constructionPublic employee benefits
References
29
Case No. 2019-03-0559
Regular Panel Decision
Sep 02, 2020

Nickerson, Angela Varner v. Knox County Government

This case involves an interlocutory appeal concerning an employee's mental injury claim against Knox County Government. The Tennessee Workers' Compensation Appeals Board reviewed the trial court's decision regarding subject matter jurisdiction and the timeliness of the employee's petition for benefits. The Board determined that the trial court erred in exercising subject matter jurisdiction because the alleged mental injury's precipitating events occurred prior to July 1, 2014, the effective date of the 2013 Reform Act. The decision clarified that mental injuries are not treated as gradual or cumulative injuries for jurisdictional purposes, distinguishing them from other injury types. Consequently, the Appeals Board reversed the trial court's order and remanded the case for dismissal due to lack of subject matter jurisdiction.

Mental Injury ClaimSubject Matter JurisdictionDate of Injury DefinitionTennessee Workers' Compensation Law2013 Reform ActStatute of LimitationsDiscovery Rule ApplicationCumulative Injury DistinctionOccupational Disease LawPTSD Diagnosis
References
26
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