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

Case No. MISSING
Regular Panel Decision

Hill v. Four-Leaf Coal Co.

Julius Hill, a 55-year-old former coal miner with no formal education, developed coal worker's pneumoconiosis while employed as a truck driver for Four-Leaf Coal Company. He terminated his employment in May 1973 due to breathing difficulties. A medical examination in June 1973 by Dr. William K. Swann found him totally and permanently disabled. The case involved an appeal from the trial court's judgment regarding workmen's compensation benefits. The court affirmed the finding of total disability under federal and state statutes for coal miners but remanded the case for a recalculation of benefits according to the Federal Coal Mine Health and Safety Act of 1969 and T.C.A. § 50-1105, sustaining the employee's assignments of error. The employer's arguments regarding lack of injurious exposure after leaving their employment were overruled.

Coal MinerPneumoconiosisOccupational DiseaseTotal Permanent DisabilityWorkmen's CompensationFederal Coal Mine Health and Safety ActInjurious ExposureMedical ExaminationRemandAffirmed
References
5
Case No. MISSING
Regular Panel Decision

Gibson v. Consolidation Coal Co.

Jessie Gibson, a coal miner with 47 years of experience, was found totally disabled by coal worker’s pneumoconiosis by the trial judge, receiving benefits under the Federal Coal Mine Health and Safety Act of 1969. The court affirmed this decision, emphasizing the legislative intent to adopt federal standards for pneumoconiosis cases in Tennessee. The ruling highlighted the use of a rebuttable presumption for miners with over 15 years experience and a totally disabling respiratory impairment, even when X-rays are negative. Despite conflicting medical opinions, the court found material evidence supported the trial judge's decision, considering the totality of the claimant's medical history and testimony.

Workmen's CompensationCoal Worker's PneumoconiosisBlack Lung DiseaseOccupational DiseaseTotal DisabilityFederal Coal Mine Health and Safety ActBlack Lung Benefits ActMedical EvidenceRebuttable PresumptionRespiratory Impairment
References
7
Case No. MISSING
Regular Panel Decision

Ben Robinson Co. v. Texas Workers' Compensation Commission

This appeal addresses whether the Texas Workers’ Compensation Commission's Extra-Hazardous Employer Program is preempted by the federal Occupational Safety and Health Act (OSH Act). The Ben Robinson Company was designated extra-hazardous following a fatal workplace accident, leading to mandated safety inspections and an accident prevention plan. The Commission's arguments for dismissing the case, including mootness and the exclusivity of the Administrative Procedure Act, were rejected. The court concluded that the Program, as currently administered, is preempted by the OSH Act where it regulates workplace safety issues already covered by federal standards. The decision reverses the trial court's summary judgment and remands the case for a determination of costs and attorney's fees.

Occupational Safety and Health ActOSH Act PreemptionExtra-Hazardous Employer ProgramTexas Workers’ Compensation CommissionWorkplace SafetyState RegulationFederal PreemptionMootness DoctrineDeclaratory JudgmentAttorney's Fees
References
15
Case No. MISSING
Regular Panel Decision

Moore v. Old Republic Insurance Co.

Both plaintiffs, Jimmy Ray Moore and Alonzo Moore, coal miners, alleged total and permanent disability due to coal worker's pneumoconiosis under Tennessee's Workmen’s Compensation Law. The Chancellor found them totally disabled due to the occupational disease and that the cases fell under the "Second Injury Fund," with benefits limited by the Federal Coal Mine Health and Safety Act of 1969. The defendants appealed, challenging the constitutionality of state law, the applicability of total disability provisions, and the Second Injury Fund's role. The Court upheld the constitutionality of T.C.A. § 50-1105 and affirmed the finding that plaintiffs were totally disabled solely due to pneumoconiosis. However, the Court reversed the Chancellor's ruling on the "Second Injury Fund," holding it inapplicable in such cases as they are governed by federal law. The consolidated cases were therefore remanded to the Chancery Court for Knox County for further proceedings consistent with this opinion.

Coal miningPneumoconiosisOccupational diseaseTotal permanent disabilitySecond Injury FundStatutory interpretationConstitutional challengeFederal Coal Mine Health and Safety ActTennessee lawDisability benefits
References
4
Case No. MISSING
Regular Panel Decision

Fowinkle v. Southern Railway Co.

This case addresses whether railroad employees fall under the coverage of the Tennessee Occupational Safety and Health Act of 1972 (OSHA). The appellants, the Commissioners of Public Health and Labor, attempted to inspect Southern Railway's Chattanooga Diesel Shop following a complaint, but were denied entry by the manager, who cited an exemption under state law. This prompted a lawsuit seeking injunctive relief. The Chancellor ruled that railroad employees were not covered by OSHA, a decision upheld by the higher court. The court's reasoning was based on a state statute that exempts railroad employees whose safety and health are 'subject to protection' under federal acts, irrespective of whether specific federal regulations have been promulgated, acknowledging the legislature's intent to avoid redundant state oversight where federal law has a preemptive scope in railroad safety.

OSHARailroad SafetyState LawFederal LawPreemptionStatutory InterpretationExemptionOccupational HealthSafety RegulationsTennessee Law
References
6
Case No. MISSING
Regular Panel Decision

Swanger v. Old Republic Insurance Co.

This worker's compensation case involves an employer's appeal of a total permanent disability award granted to an employee due to coal worker’s pneumoconiosis. The employer challenged the sufficiency of evidence regarding the employee's years in coal mining and the applicability of the 1972 amendment to the Federal Coal Mine Health and Safety Act. The Supreme Court affirmed the trial court's judgment, finding sufficient material evidence to support the trial judge's conclusions. It ruled that the 1972 federal statute, being procedural, could be applied to cases pending when the corresponding state amendment was adopted in 1980, regardless of when the injury occurred.

coal worker's pneumoconiosistotal permanent disabilityworker's compensationBlack Lung Benefits Actprocedural lawstatutory interpretationconflicting medical evidencematerial evidence standardappellate reviewTennessee law
References
5
Case No. MISSING
Regular Panel Decision
May 14, 2013

Veneruso v. Mount Vernon Neighborhood Health Center

Plaintiff James J. Veneruso, on behalf of Community Choice Health Plan of Westchester Inc. (CCHP), sued Defendant Mount Vernon Neighborhood Health Center to recover 'Surplus Distributions' CCHP made to Mount Vernon. CCHP, a New York not-for-profit corporation, was directed by the New York State Department of Health to terminate operations and commence dissolution. Plaintiff, appointed temporary receiver, sought to recover payments made to Mount Vernon, arguing they were unlawful under New York's Not-for-Profit Corporation Law § 515(a). Defendant removed the case to federal court, asserting federal jurisdiction based on complete preemption, substantial federal question, its status as a federal corporation, and the involvement of federal funds. The court rejected all of Defendant's arguments for federal jurisdiction, finding that the claims were based purely on state law and that federal law was, at best, a potential defense. Consequently, the Plaintiff's motion to remand the case to state court was granted, while the request for attorneys' fees was denied.

MedicaidNon-Profit Corporation LawState Law ClaimsFederal JurisdictionRemoval StatuteComplete PreemptionSubstantial Federal QuestionDeclaratory JudgmentAttorneys' FeesCooperative Federalism
References
76
Case No. MISSING
Regular Panel Decision

Cooley v. United States

On December 8, 1981, six coal miners died in a methane gas explosion at the Grundy Mining Company in Whitwell, Tennessee. Their estates, represented by their widows and administratrix, sued the United States under the Federal Tort Claims Act (FTCA), alleging negligence by the Federal Mine Safety and Health Administration (MSHA). Plaintiffs claimed MSHA employees were negligent in approving unsafe ventilation plans, failing to conduct adequate inspections, and failing to enforce safety standards, leading to the miners' deaths. The United States moved to dismiss, asserting sovereign immunity under the FTCA's discretionary function exception. The court analyzed MSHA's statutory and regulatory authority, concluding that MSHA inspectors exercised significant discretion in their duties, and their actions were grounded in governmental policy. Citing Supreme Court precedents, the court found that the discretionary function exception applied, barring the plaintiffs' claims. Consequently, the complaints were dismissed for lack of subject matter jurisdiction.

Mine SafetyMethane Gas ExplosionFederal Tort Claims ActDiscretionary Function ExceptionSovereign ImmunityFederal Mine Safety and Health ActMSHAVentilation PlansSafety ViolationsWrongful Death
References
35
Case No. 15-24-00114-CV
Regular Panel Decision
Oct 04, 2024

Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company

This case involves an appeal concerning a temporary injunction and the denial of a plea to the jurisdiction issued by the 353rd Judicial District of Travis County. The appellants, including Cecile Erwin Young (Executive Commissioner of HHSC), Molina Healthcare of Texas, Inc., and Aetna Better Health of Texas, Inc., are challenging the lower court's decision. The appellees (Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company) had sought to enjoin the Texas Health and Human Services Commission (HHSC) from proceeding with STAR & CHIP and STAR Kids managed care procurements. The core legal arguments revolve around whether HHSC's procurement processes violated Texas law, thereby rendering the intended contract awards unlawful ultra vires acts, and whether the appellees' claims are barred by sovereign immunity or failure to exhaust administrative remedies. The appellants contend that the district court abused its discretion by granting the injunction and denying the plea.

Appellate CourtTemporary InjunctionPlea to the JurisdictionSovereign ImmunityUltra Vires ClaimsProcurement DisputeManaged Care ContractsMedicaidCHIPTexas Health and Human Services Commission
References
95
Case No. MISSING
Regular Panel Decision

Old Republic Insurance Co. v. Blankenship

This case is the second appeal of a worker's compensation claim where the employee sought total permanent disability benefits for coal worker's pneumoconiosis. The Tennessee Supreme Court previously ruled that an award from the Social Security Administration under the Federal Coal Mine Health and Safety Act was not binding on state courts. Upon remand, the Chancellor independently reviewed the evidence, including medical reports from the federal proceedings, and found material evidence to support total permanent disability under T.C.A. § 50-1102. The employer appealed, arguing the Chancellor treated federal presumptions as irrebuttable, but the Supreme Court affirmed the Chancellor's decree, stating he made an independent evaluation based on all submitted testimony. The cause was remanded for further necessary orders.

Workers' CompensationPneumoconiosisTotal Permanent DisabilityCoal Miner's BenefitsSocial Security BenefitsState Court JurisdictionMedical EvidenceAppellate ReviewJudicial RemandT.C.A. § 50-1102
References
1
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