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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

Taylor v. North River Ins. Co., New Jersey

Mrs. L. Jean Taylor was awarded workers' compensation death benefits as the surviving spouse of Walter O. Taylor. The respondent, North River Insurance Company, contested her right to benefits, despite admitting the fatal injury. The trial court found a valid common-law marriage and ordered attorneys' fees paid in a lump sum. The court of appeals reversed, mandating periodic payments. However, the Supreme Court of Texas, referencing Stott v. Texas Employers Insurance Ass’n, reversed the court of appeals' judgment and affirmed the trial court's lump sum award, citing TEX.REV.CIV.STAT.ANN. art. 8306 § 8(d) which authorizes lump sum awards when a carrier forces litigation in death benefits claims.

Workers' CompensationDeath BenefitsAttorneys' FeesLump Sum PaymentPeriodic PaymentCommon-Law MarriageTexas LawInsurance CarrierLitigationWrit of Error
References
1
Case No. MISSING
Regular Panel Decision

North American Royalties, Inc. v. Thrasher

Rufus Thrasher, Jr. sustained a 75 percent permanent partial disability and sought a lump-sum payment from his employer, North American Royalties, for a house down payment and attorney's fees. The trial court granted a partial lump-sum, including $11,340 for attorney's fees and $15,000 for Thrasher, with the remainder paid periodically. The Supreme Court reversed the lump-sum commutation for attorney's fees, stating no statutory authority exists. It also reversed and remanded the $15,000 lump-sum payment to Thrasher, finding insufficient evidence to support it as being in his 'best interest' or demonstrating his ability to manage it wisely, despite the 1990 amendment to T.C.A. § 50-6-229. The court emphasized that lump-sum awards are exceptional and must serve the purpose of worker rehabilitation.

Workers' CompensationLump-Sum PaymentCommutationAttorney's FeesBest InterestDisabilityPermanent Partial DisabilityStatutory InterpretationRehabilitationEvidentiary Hearing
References
15
Case No. MISSING
Regular Panel Decision

Smith v. City of Austin

This is an appeal regarding the refusal of a trial court to award a lump sum attorneys’ fee in a worker’s compensation death case. Lee Craig Smith, a City of Austin police officer, died in a motorcycle accident, survived by his wife, Marshalene Louise Smith, and three children, Trevor Shane Smith, Olivia Leigh Smith, and Steven Craig Smith. The Industrial Accident Board initially awarded weekly death benefits and 25% weekly attorneys' fees. Upon appeal, the City of Austin admitted liability, and the trial court awarded a $40,000 attorney's fee, payable weekly, to Jeff Smith, the attorney for the claimants, rather than a lump sum. The appellant argued that the trial court erred by limiting the total attorneys' fees to a dollar amount instead of a percentage, and by not awarding a lump sum. The appellate court affirmed the trial court's decision, holding that the amount and method of payment for attorneys' fees in worker's compensation cases are within the trial court's discretion under Article 8306 § 7d and § 8 of the Texas Civil Statutes Annotated.

attorneys' feesworker's compensationdeath benefitslump sum paymentweekly paymentsjudicial discretionTexas lawArticle 8306appellate reviewtrial court discretion
References
3
Case No. 2020-05-0875
Regular Panel Decision
Dec 22, 2021

Summers, Christine v. RTR Transportation Services

The employee’s surviving spouse challenged the trial court’s decision denying his request for a lump sum payment of death benefits and attorneys’ fees. The surviving spouse additionally challenged the trial court’s denial of his counsels’ request for attorneys’ fees on the burial expenses paid by the employer. The Appeals Board affirmed the trial court’s decision denying the surviving spouse’s request to commute the death benefits to a single lump sum and denying the award of attorney’s fees in a single lump sum. The Board also affirmed the trial court’s denial of an award of attorneys’ fees on the burial expenses paid by the employer, concluding they were not an issue at trial. Finally, the Board certified the trial court’s order as final.

Death BenefitsLump Sum PaymentAttorneys' FeesBurial ExpensesWorkers' Compensation Appeals BoardSurviving SpouseStatutory InterpretationAbuse of DiscretionTrial Court DecisionCommutation of Benefits
References
10
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Stott

Texas Employers’ Insurance Association appealed a lump sum attorney’s fee award in a workers’ compensation death case after filing an interpleader and tendering payments. The original dispute involved Mary Stott, claiming common law wife status, and Garnett Stott, the surviving mother of the deceased, Daniel A. Stott, over death benefits. The trial court's award of lump sum attorney's fees was challenged by Texas Employers' based on Article 8306, Section 8(d), Tex.Rev.Civ.Stat., which mandates periodic payments when the carrier admits liability and the dispute is solely between beneficiaries. The appellate court found that liability was indeed admitted by the carrier and the case was tried on that theory, thus requiring periodic attorney's fee payments. Consequently, the judgment awarding lump sum attorney's fees was reversed and the case remanded for entry of a judgment consistent with this opinion.

Workers' CompensationAttorney's FeesLump Sum PaymentPeriodic PaymentInterpleaderBeneficiary DisputeAdmitted LiabilityTexas LawStatutory InterpretationAppellate Review
References
0
Case No. MISSING
Regular Panel Decision

Maryland Casualty Co. v. Graham

The appellant, Maryland Casualty Company, challenged the award of lump-sum compensation to the appellee, A. Graham, arguing that the issue was improperly presented and evidence was insufficient. A. Graham, suffering total permanent incapacity, sought a lump sum due to debts for basic necessities and medical treatment, claiming 'manifest hardship and injustice.' The court found that while Graham faced pecuniary embarrassment, the evidence did not meet the statutory criteria for a lump sum, which requires more than just present financial difficulty. The court affirmed the jury's finding of total permanent incapacity. However, it reformed the district court's judgment, ruling that A. Graham would receive weekly payments of $4.80, and his attorney, W. Y. Brown, $2.40 weekly, for a period of 401 weeks, rather than a lump sum.

Workers' CompensationLump Sum PaymentWeekly CompensationManifest HardshipTotal Permanent IncapacityAppellate ReviewJudgment ReformationAttorney FeesStatutory InterpretationEvidence Sufficiency
References
9
Case No. MISSING
Regular Panel Decision

National Pizza Co. v. Young

In this workers' compensation death case, the central issue was the trial court's authority to order lump-sum attorney's fees when the dependents' death benefits were set for periodic payments. The employer, National Pizza Company, appealed the trial court's decision, arguing that the Workers' Compensation Reform Act of 1992 did not authorize such a payment and that future cessation of benefits should preclude a full lump-sum fee. The appellate court affirmed the trial court's judgment, concluding that Tenn.Code Ann. § 50-6-229(a) permits lump-sum payment of attorney's fees from any award, including court-approved settlements, regardless of whether the benefits themselves are commuted to lump sum or if they might cease in the future.

Workers' Compensation Death BenefitsLump Sum Attorney FeesPeriodic PaymentsStatutory InterpretationTrial Court AuthoritySettlement AgreementAppellate ReviewAttorney FeesDependents BenefitsWorkers' Compensation Reform Act of 1992
References
2
Case No. MISSING
Regular Panel Decision

Twin City Fire Insurance Co. v. Cortez

Twin City Fire Insurance Company appealed a judgment that matured a workers' compensation death benefit award. The company had failed to make timely weekly payments to Anita Cortez, the surviving widow, and her minor children, after an initial 18 March 1975 award from the Industrial Accident Board. The lawsuit, initiated by Anita Cortez, sought to mature the entire claim into a lump sum, along with a twelve percent penalty and attorney's fees, citing the company's failure to make prompt payments without justifiable cause. The trial court found no justifiable cause for the payment cessation, ruled in favor of the beneficiaries, and awarded a lump sum without discount, plus penalties and attorney's fees. The appellate court affirmed the trial court's judgment, rejecting the insurance company's arguments regarding justifiable cause, the lump sum prohibition, discounting, and attorney's fees computation.

Workers' CompensationDeath BenefitsLump Sum PaymentPenaltyAttorney's FeesJustifiable CauseClerical OversightStatutory InterpretationAppellate ReviewInsurance Carrier Liability
References
7
Case No. ADJ2549830 (LAO 0657500)
Regular
Apr 04, 2011

ANTHONY WELCH vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a WCJ award that included a $29,000 lump-sum attorney fee. The SIBTF argued this violated Labor Code section 5100.5, which prohibits commutation of SIBTF benefits for attorney fees. The Appeals Board granted reconsideration, finding the attorney's unilateral addition of the lump sum to stipulations unacceptable. The Board amended the award to provide the attorney a fee of 15% of each weekly indemnity payment, affirming the remainder of the award.

Subsequent Injuries Benefits Trust FundPetition for ReconsiderationAttorney FeesLabor Code Section 5100.5CommutationStipulations with Request for AwardUnilateral AlterationWCJ AwardPermanent Disability IndemnityLife Pension Indemnity
References
1
Case No. MISSING
Regular Panel Decision

Johnson v. National Union Fire Insurance Co. of Pittsburgh

This case involves an appeal concerning the award of attorney's fees in a worker's compensation death benefits claim in Texas. Appellants Jannice Johnson, the legal spouse of the deceased Jefferson Johnson, and Betty Johnson, natural guardian for Jefferson's minor children Kristina and Joseph, challenged a trial court's judgment. They argued that attorney's fees should have been paid in a lump sum, rather than periodically, because the appellee, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, allegedly disputed liability by appealing an Industrial Accident Board (IAB) award. The IAB had awarded death benefits to the survivors, with attorney's fees to be deducted weekly. The insurance company appealed the IAB's decision solely to facilitate the establishment of a legal guardianship for the minor children, explicitly stating it did not contest liability or beneficiary status. The appellate court affirmed the trial court's decision, concluding that the carrier's appeal for guardianship purposes did not constitute a dispute of liability under Tex. Rev.Civ.Stat.Ann. art. 8306 § 8(d), thus not mandating a lump sum attorney's fee award. The court also noted that Tex. Rev.Civ.Stat.Ann. art. 8307d prevented carriers from appealing and then non-suiting to vacate IAB awards, protecting claimants' interests.

Worker's CompensationDeath BenefitsAttorney's FeesLump Sum PaymentPeriodic PaymentsIndustrial Accident BoardAppellate ReviewInsurance Carrier LiabilityGuardianshipTexas Law
References
6
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