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

Case No. CV-23-1425
Regular Panel Decision
Mar 13, 2025

In the Matter of the Claim of Harold Hanson (dec'd) Donna Hanson

The Appellate Division reversed a Workers' Compensation Board decision denying death benefits to Donna Hanson for her deceased husband, Harold Hanson. Harold, a field service technician for General Electric, died from an acute aortic dissection, which claimant alleged was work-related. The case involved extensive procedural history, including a Workers' Compensation Law Judge (WCLJ) initially establishing the claim, followed by the Board's rescission and subsequent preclusion of claimant's medical evidence, specifically reports from Dr. Stern and Dr. Basri. The WCLJ ultimately disallowed the claim due to a lack of medical evidence, a decision affirmed by the Board. The Appellate Division found the Board's reasoning for precluding evidence inconsistent with its assertion that claimant had "ample opportunity" to submit proof, and also noted the Board's reliance on an inaccurate reading of the record, necessitating a remittal for further proceedings.

Workers' Compensation LawDeath Benefits ClaimCausal RelationshipAortic DissectionHypertensionMedical Report AdmissibilityProcedural ErrorsPresumption of CompensabilityBurden ShiftingAppellate Division
References
9
Case No. W2002-02627-COA-R3-CV
Regular Panel Decision
Jul 28, 2003

Harold Jackson v. Shelby County, Tennessee

Harold Jackson, a Shelby County Sheriff’s employee, suffered an on-the-job spinal injury necessitating surgery. After returning to work, he was unable to perform his previous duties and was transferred to a less physically demanding role, which resulted in a base pay increase but fewer overtime opportunities. The trial court awarded Jackson 60% permanent partial disability. Shelby County appealed this award. The Court of Appeals affirmed the trial court's decision, finding that the evidence did not preponderate against the trial court's findings regarding vocational disability, which considered expert medical opinions, the employee's background, and work history.

Workers' CompensationPermanent Partial DisabilityVocational DisabilitySpinal InjuryOn-the-job InjuryMedical Impairment RatingAMA GuidesExpert TestimonyAppellate ReviewChancery Court
References
6
Case No. E2006-00883-CCA-R3-CD
Regular Panel Decision
Aug 27, 2007

State of Tennessee v. David Harold Hanson

The defendant, David Harold Hanson, was convicted of aggravated child abuse involving an infant. On direct appeal, he challenged the sufficiency of the evidence, particularly concerning the 'knowing' element and the definition of 'accidental means' in jury instructions. The appellate court concluded that the state failed to provide sufficient evidence to prove the defendant knowingly caused the injuries without accident, thus reversing the conviction and dismissing the case. However, the court found sufficient medical evidence to support that the victim suffered 'serious bodily injury.' Additionally, the court upheld the trial court's instructions on 'accidental means,' 'knowingly,' and sequential jury instructions.

Aggravated Child AbuseSufficiency of EvidenceJury InstructionsAccidental MeansKnowing Mental StateSerious Bodily InjuryCriminal AppealReversed JudgmentCase DismissedChild Abuse Syndrome
References
30
Case No. M2010-01383-COA-R3-CV
Regular Panel Decision
Jan 17, 2012

Patricia Carlene Mayfield v. Phillip Harold Mayfield

Patricia Carlene Mayfield (Wife) sought a divorce from Phillip Harold Mayfield (Husband). The trial court granted the divorce, designated Wife as the primary residential parent, divided marital property, and denied Husband's alimony request. Husband appealed the decision. The Court of Appeals of Tennessee affirmed in part and reversed in part, remanding the case for further proceedings. The court specifically reversed the trial court's refusal to divide Wife's post-separation income and the denial of alimony, finding Husband suffered economic detriment for the marriage's benefit and was entitled to transitional alimony.

DivorceMarital PropertyChild CustodyAlimonySpousal SupportDiscretionary CostsDomestic AbuseParental ResponsibilitiesEconomic DisadvantageEquitable Distribution
References
47
Case No. 13-16-00335-CV
Regular Panel Decision
Mar 29, 2018

Lydia Tummel and Harold Tummel, Individually and as Trustee of the Kurt K. Tummel Trust v. Roadrunner Transportation Systems, Inc.

This case involves a bill-of-review proceeding initiated by Roadrunner Transportation Systems, Inc. against Lydia Tummel and Harold K. Tummel to set aside a prior default judgment. Roadrunner contended that it was not properly served in the initial garnishment suit and that the default judgment resulted from an official mistake by the court clerk, which prevented it from presenting a meritorious defense. The Tummels challenged Roadrunner's arguments and the sufficiency of its evidence. The appellate court affirmed the trial court's grant of summary judgment in favor of Roadrunner, concluding that Roadrunner had successfully demonstrated all elements required for a bill of review, including a meritorious defense and that the judgment was rendered without its fault or negligence due to the lack of proper notice from the clerk.

Bill of ReviewSummary JudgmentDefault JudgmentGarnishmentOfficial MistakeService of ProcessPersonal JurisdictionMeritorious DefenseAppellate ReviewTexas Civil Procedure
References
46
Case No. No. 10-07-00320-CV
Regular Panel Decision
Oct 08, 2008

Joan E. Givens, Shannon Kraus, and Gregory D. Givens, Individually and as Independent of the Estate of William L. Givens, J. Harold Sewell and Alamo Title Company v. Elvis Ward and Dianna Ward

This case concerns a property transaction involving the sale of a 115-acre tract from the Givenses to the Wards, where a mineral interest reservation specified in the sales contract was omitted from the subsequent warranty deed. The Wards filed a declaratory judgment action, claiming ownership of the mineral rights, while the Givenses counterclaimed for deed reformation based on mutual mistake. Additionally, J. Harold Sewell and Alamo Title Company intervened, alleging breach of a compliance agreement and seeking specific performance from the Wards for refusing to sign a correction deed. The trial court granted summary judgment for the Wards, but the appellate court found genuine issues of material fact regarding the original agreement for mineral reservation and the existence of a mutual mistake. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Real Estate LawMineral RightsDeed ReformationMutual MistakeContract InterpretationSummary JudgmentAppellate ReviewProperty LawCompliance AgreementTexas Law
References
59
Case No. ADJ3401110 (RDG 0077725) ADJ1171761 (RDG 0076230)
Regular
Jul 17, 2012

HAROLD HOUSTON vs. CITY OF REDDING

The Workers' Compensation Appeals Board (WCAB) dismissed Harold Houston's petition for reconsideration against the City of Redding. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ), finding no grounds for reconsideration. The petition was also dismissed as a petition for removal due to no pending challengeable order and a request for WCJ disqualification was denied for lack of grounds.

Petition for ReconsiderationDismissalRemovalDisqualificationWCJ biasWorkers' Compensation Appeals BoardAdministrative Law JudgeCity of ReddingHarold HoustonHanna Brophy
References
0
Case No. ADJ1171761 (RDG 0076230) ADJ3401110 (RDG 0077725)
Regular
Dec 10, 2012

HAROLD HOUSTON vs. CITY OF REDDING

The Workers' Compensation Appeals Board granted the City of Redding's petition for reconsideration regarding a prior award of medical mileage reimbursement to Harold Houston. While affirming the award of medical mileage, the Board amended the Findings of Fact to clarify that no past interest is due. Interest on the medical mileage will only accrue from the date the amount becomes determined and payable, as per Labor Code section 5800. The case was returned to the trial level for further proceedings to determine the specific amount owed.

Workers' Compensation Appeals BoardCity of ReddingHarold HoustonPetition for ReconsiderationFindings Award and OrderCompromise & Releasemedical mileagefuture medical treatmentLabor Code section 5800accrued interest
References
0
Case No. MISSING
Regular Panel Decision

Rice v. State

Paul Harold Rice appealed the revocation of his community supervision, contending the trial court erred by not sua sponte holding a hearing on his competency to stand trial. Rice, suffering from toxic metabolic encephalopathy and dementia due to toxic chemical exposure, was deemed 100% disabled under the Workers Compensation Act. The appellate court, applying a "bona fide doubt" standard, reviewed the trial court's decision for abuse of discretion. Despite evidence of Rice's medical conditions and psychological difficulties, the court found no indication he lacked the present ability to consult with his attorney or understand the proceedings. Consequently, the court affirmed the trial court's judgment, concluding no bona fide doubt as to competency was raised.

Competency to Stand TrialDue ProcessAbuse of DiscretionCommunity Supervision RevocationToxic Metabolic EncephalopathyDementiaMental CompetencyCriminal ProcedureTexas LawAppellate Review
References
21
Case No. ADJ4350794
Regular
Jun 07, 2011

Harold J. Rucker vs. County of Sacramento

The Workers' Compensation Appeals Board (WCAB) denied Harold J. Rucker's Petition for Reconsideration in this case against the County of Sacramento. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. They specifically acknowledged considering Rucker's supplemental petition. Therefore, the Petition for Reconsideration was officially denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law Judge ReportSupplemental PetitionDeny ReconsiderationCal.Code Regs. tit. 8 § 10848County of SacramentoHarold J. RuckerADJ4350794SAC 0361547
References
0
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