CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ4018708 (SBA 0079160)
Regular
Apr 23, 2010

KATHY KELLERMANN vs. REGENTS OF UCSB, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves Kathy Kellermann's claim for workers' compensation benefits, where the administrative law judge initially found a cumulative trauma injury to her psyche but not to her dental, neurological, or internal systems, awarding 8% permanent disability. Ms. Kellermann sought reconsideration, arguing the judge erred by excluding dental, neurological, and internal injuries, acting in excess of powers regarding an independent medical exam, and improperly relying on certain medical reports for disability assessment. The Appeals Board granted reconsideration to clarify the scope of injury, affirming the finding of psyche injury but not other systems as a compensable consequence. The Board also upheld the 8% permanent disability award, citing precedent allowing reliance on a single physician's relevant and considered opinion even if inconsistent with others.

ADJ4018708SBA 0079160Kathy KellermannRegents of UCSBSedgwick Claims Management ServicesOpinion and Order Granting ReconsiderationDecision After Reconsiderationindustrial cumulative trauma injurypsyche injurydental injury
References
2
Case No. M2003-00552-COA-R3-CV
Regular Panel Decision
Dec 17, 2003

Kathy Clark v. Randall McClung

Plaintiffs Kathy and Jerry Clark appealed the dismissal of their civil action by the Davidson County Circuit Court. The dismissal stemmed from their failure to file an alias summons within one year, as mandated by Rule 3 of the Tennessee Rules of Civil Procedure. The plaintiffs contended that a Circuit Court Clerk representative erroneously refused to file the summons, thereby causing the delay. However, the Court of Appeals affirmed the trial court's judgment, emphasizing the strict, unambiguous nature of Rule 3's one-year timeframe for issuing process. The court also found the plaintiffs' affidavits regarding the clerk's alleged error insufficient to overcome the legal presumption that court officials perform their duties properly.

Alias SummonsStatute of LimitationsTennessee Rules of Civil ProcedureDismissal of ActionFailure to Serve ProcessAppellate ReviewClerk's ErrorPresumption of RegularityMotor Vehicle AccidentCivil Procedure
References
16
Case No. E2002-01071-COA-R3-CV
Regular Panel Decision
Sep 27, 2002

Phillip Burdett v. Kathy Burdett

This direct appeal in a divorce action concerned the equitable division of marital property. Phillip Ray Burdett appealed the trial court's decision, arguing the property division, which favored Kathy Arwood Burdett by approximately $44,000, was inequitable. The trial court justified this unequal division as alimony in solido, based on the significant differences in the parties' income and earning capacities, with Mr. Burdett earning nearly double Ms. Burdett. The appellate court affirmed the trial court's judgment, emphasizing that an unequal division is not necessarily inequitable and that the overall fairness of the division, considering factors like the 30-year marriage, the wife's role as a homemaker, and her limited earning capacity, should be assessed. The court found the award of the marital residence and acreage to the wife to be supported by the evidence, upholding the trial court's discretion.

DivorceMarital Property DivisionEquitable DistributionAlimony in SolidoEarning CapacityHomemaker ContributionAppellate ReviewJudicial DiscretionSpousal SupportMarital Residence
References
8
Case No. 2015-03-0156
Regular Panel Decision
Mar 08, 2016

Hamilton, Kathy v. Kenco Logistics, LLC et. al

Kathy Hamilton appealed the trial court's dismissal of her workers' compensation claim. She sustained a lumbar spine injury during a pre-employment physical for Genco Distribution Systems while still employed by Kenco Logistics Services, LLC. The trial court ruled the injury did not occur within the course and scope of employment for either company. The Appeals Board affirmed, citing precedents that emphasize voluntariness, compensation, and the conditions of employment, concluding that no employment relationship with Genco existed at the time of injury and the injury was not in the course of employment with Kenco.

Pre-employment InjuryLumbar Spine InjuryWorkers' Compensation LawScope of EmploymentEmployer LiabilityAppellate ReviewBurden of ProofContractual RelationshipVoluntary ActivityTennessee Appellate Decision
References
8
Case No. 14-02-00643-CV
Regular Panel Decision
Nov 06, 2003

Texas Workers' Compensation Insurance Fund v. Kathy Zellars Bridwell, Justin P. Zellars, and William Joshua Zellars

This workers' compensation case involves an appeal by the Texas Workers' Compensation Insurance Fund against Kathy Zellars Bridwell, Justin P. Zellars, and William Joshua Zellars. The Fund argued that the trial court erred in its jury instruction regarding the definition of 'course and scope of employment' under the Texas Labor Code. The deceased, William Zellars, died of carbon monoxide poisoning in a trailer attached to his truck after experiencing truck problems on his way home from a work site. His family filed a claim for death benefits, which was initially denied. The appellate court reversed the trial court's judgment, finding that the trial court's incomplete definition of 'course and scope of employment' likely caused an improper judgment, as it omitted crucial exclusions from the statutory definition. The case was remanded for a new trial.

Workers' CompensationJury InstructionCourse and Scope of EmploymentTexas Labor CodeStatutory InterpretationCarbon Monoxide PoisoningFatal InjuryAppellate ReviewTrial Court ErrorRemand
References
6
Case No. 05-14-01265-CV
Regular Panel Decision
Jul 20, 2015

Azeb Ruder v. William Jordan D/B/A William Davis Realty, William Davis Real Estate Services, LLC

Azeb Ruder appealed the denial of her motion to dismiss defamation claims filed by William Jordan d/b/a William Davis Realty, William Davis Real Estate Services, LLC d/b/a William Davis Realty, and Kathy Jabri. Ruder's motion was filed under the Texas Citizens’ Participation Act (TCPA) after she posted a negative review of Kathy Jabri's real estate services on Zillow. Appellees claimed Ruder's statements were defamatory, specifically regarding the property being 'Temp Off Market' for over 100 days against her wish, other realtors' opinions, and questioning Jabri's competence. The appellate court found Ruder met her burden under TCPA. However, appellees failed to establish a prima facie case for defamation because the alleged false statements were either substantially true (regarding the duration of the 'Temp Off Market' status) or non-actionable statements of opinion (regarding competence or mental state). The court reversed the trial court's order and dismissed the defamation claims, remanding for determination of costs and attorney's fees.

DefamationTexas Citizens' Participation ActTCPAFree SpeechReal Estate LawMotion to DismissAppellate ProcedurePrima Facie CaseSubstantial Truth DoctrineStatement of Opinion
References
22
Case No. AHM 0111701
Regular
Jan 24, 2008

KATHY BOTT vs. THE ALLEY, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant did not sustain an industrial injury. The applicant's lien for medical treatment was disallowed as a consequence of this determination. The Board also noted a clerical error in the original Findings and Order which will be corrected at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings and OrderLien ClaimantIndustrial InjuryPreexisting ConditionCompromise and ReleaseMedical TreatmentBurden of Proof
References
0
Case No. W2022-00334-COA-R3-JV
Regular Panel Decision
Aug 20, 2024

State of Tennessee, ex rel., Kathy Garbus v. Lazaro Ramos

This appeal concerns a father's challenge to a trial court's decision to impute income for retroactive child support. Lazaro Ramos, the father, argued that the juvenile court failed to consider factors from the Tennessee Child Support Guidelines when imputing his income. The Court of Appeals affirmed the juvenile court's decision, finding that the trial court did consider the relevant factors, especially after a remand for explicit findings of fact and conclusions of law. The father had failed to provide reliable income evidence, leading the court to impute income, and the case was affirmed and remanded for further proceedings.

child support disputeincome imputationretroactive child supportjuvenile court appealTennessee Child Support Guidelinesabuse of discretiondefault judgmentevidence reliabilityunderemploymentparental rights
References
14
Case No. 2017-01-0699
Regular Panel Decision
Apr 30, 2018

Matheson, Kathy v. QCJC, Inc.

Kathy Matheson, a registered nurse, sustained a compensable left knee injury on November 22, 2016. Her knee surgery, scheduled for June 19, 2017, was postponed by Dr. Matthew Bernard due to her elevated A1C level (11.9) related to noninsulin-dependent diabetes, as a level of eight or lower was deemed necessary for surgical clearance to prevent complications. QCJC, Inc., the employer, ceased temporary total disability (TTD) benefits from August 2 through November 13, 2017, arguing the delay was due to Ms. Matheson's personal health. The Court, applying the 'employer takes employee as found' and 'direct and natural consequence' rules, found that the pre-surgical diabetic clearance was 'reasonably necessary' to treat the work-related knee injury. Therefore, the Court ordered QCJC to pay Ms. Matheson $12,678.05 in past due TTD benefits for the disputed period.

Workers' CompensationTemporary Total DisabilityTTD BenefitsKnee InjuryPre-existing ConditionDiabetes ManagementSurgical ClearanceMedical NecessityCausationExpedited Hearing
References
5
Case No. ADJ7123885
Regular
Mar 30, 2015

KATHY GRIFFITHS vs. PRUDENTIAL, CRUM FORSTER

This case involves a Petition for Removal filed with the Workers' Compensation Appeals Board. The applicant, Kathy Griffiths, is represented by Berman More Gonzalez, and Prudential and Crum Forster are the defendants. The petitioner has withdrawn their Petition for Removal. Consequently, the Board has issued an order dismissing the petition.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardApplicantDefendantCase NumberAnaheim District OfficeOrderWithdrawalPetitioner
References
0
Showing 1-10 of 56 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational