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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

Masters v. Industrial Garments Manufacturing Co.

The plaintiff employee, Jessie Lee Masters, sought worker's compensation benefits for a 50% permanent partial disability of the body as a whole, attributed to a back injury sustained while lifting bundles on the job in April 1977. The defendant employer appealed the Chancery Court's decree, challenging the finding of an employment-related injury and compliance with notice provisions. Although medical evidence from Dr. Ronald Rosenthal supported the causation and permanency of her chronic lumbosacral strain superimposed on preexisting degenerative arthritis, the Supreme Court determined that Masters failed to provide the employer with sufficient actual knowledge of an injury as required by T.C.A., § 50-1001. The court emphasized that merely requesting a 'bundle boy' due to strenuous work did not constitute proper notice of an injury claim. Consequently, the judgment in favor of the plaintiff was reversed, and her suit was dismissed.

Permanent Partial DisabilityBack InjuryNotice of Injury RequirementActual Knowledge DoctrineEmployer ResponsibilityMedical Causation EvidenceDegenerative Arthritis ConditionLumbosacral Strain DiagnosisAppellate Court ReviewTennessee Compensation Law
References
4
Case No. MISSING
Regular Panel Decision
May 15, 2006

Land Master Montg I, LLC v. Town of Montgomery

In this case, petitioners Land Master and Roswind Farmland Corp. challenged the Town of Montgomery's new Comprehensive Plan and Local Laws 4 and 5, arguing they constituted unlawful exclusionary zoning and violated the State Environmental Quality Review Act (SEQRA). The court, presided over by Judge Joseph G. Owen, granted the petitioners' motion regarding these claims, declaring the local laws null and void. The decision highlighted the Town's failure to adequately consider local and regional affordable housing needs and to undertake a thorough environmental review. While some of the petitioners' other claims were dismissed, they were awarded attorneys' fees. The court ordered the reinstatement of petitioners' land use applications under the prior zoning laws.

Zoning LawExclusionary ZoningAffordable HousingState Environmental Quality Review Act (SEQRA)Comprehensive PlanLocal LegislationLand Use PlanningMulti-Family HousingTraffic ImpactJudicial Review
References
19
Case No. 80 Civil 4699
Regular Panel Decision
Sep 17, 1982

Wallace v. INTERN. ORGANIZATION OF MASTERS, ETC.

Plaintiff Oscar L. Wallace sued the International Organization of Masters, Mates and Pilots and its Ex. President Capt. Robert J. Lowen after his application for union membership was denied. He alleged wrongful denial of admission, termination of applicant status, denial of due process, equal protection violations, refusal to refer to job assignments, violation of his right to sue, conspiracy, and racial discrimination. The court dismissed most of his claims, including those based on alleged membership rights and civil rights violations, finding he had no vested right to membership and failed to show state action or a conspiracy. However, the court denied the motion to dismiss the claim for breach of fair representation, acknowledging the union's duty to an applicant regarding job referrals.

Union MembershipFair RepresentationDue ProcessCivil RightsFederal JurisdictionMotion to DismissLabor LawConspiracyRacial DiscriminationEmployment Rights
References
38
Case No. 15-25-00201-CV
Regular Panel Decision
Oct 06, 2025

WCH Master Community, Inc. v. Thomas Wolf and Eileen Wolf

This case involves an appeal by WCH Master Community, Inc. (Appellant/Plaintiff) challenging a trial court's order concerning restrictive covenants. The Association denied the Wolfs' (Appellees/Defendants) application to install a 25-foot pole for a security camera, citing violations of aesthetic harmony and design guidelines. The trial court denied the Association's summary judgment motion and partially granted the Wolfs' motion, interpreting the Texas Property Code as broadly prohibiting restrictions on security measures. The Association argues this interpretation is overly expansive, potentially undermining all restrictive covenants, and that their denial was specifically for the pole's placement, not the security camera itself.

Restrictive CovenantsHomeowners AssociationSecurity MeasuresTexas Property CodeSummary JudgmentAppellate ReviewArchitectural ControlTexas LawProperty RightsFencing
References
13
Case No. 13-00-578-CV
Regular Panel Decision
Feb 28, 2002

Tony Bender, D/B/A Master Trainer Co. v. Ruben Moya

Tony Bender d/b/a Master Trainer Co. appealed a take-nothing judgment in his suit for breach of contract and fraud against Ruben Moya. Bender alleged Moya failed to obtain building permits for a dog kennel facility, leading to stop-work orders from the City of Corpus Christi. The jury found that Moya did not agree to obtain the permits. Bender contended that the trial court erred by refusing his requested jury instruction, which incorporated an implied covenant for contractors to comply with relevant city codes. The appellate court distinguished the referenced case, noting Bender's knowledge of platting requirements and the lack of evidence that Moya agreed to plat the property. The court affirmed the trial court's judgment, concluding there was no abuse of discretion in refusing the instruction.

Breach of ContractFraudJury InstructionAppellate ReviewAbuse of DiscretionImplied CovenantConstruction ContractBuilding PermitsPlatting RequirementsCity Codes
References
5
Case No. MISSING
Regular Panel Decision

Fourakre v. Perry

This is an abridged opinion concerning a wrongful death action filed by Theron Fourakre against James D. Perry, a State Trooper, following a vehicle collision on August 24, 1980, which resulted in the death of Fourakre's wife. Perry appealed an order from the Trial Court denying his motion to dismiss, which argued that a prior decision by the Board of Claims for the State of Tennessee, exonerating Perry from negligence, rendered the current action res judicata. The Board of Claims had found insufficient evidence of Trooper Perry's negligence while operating an emergency vehicle during an emergency call. The appellate court examined the doctrines of res judicata and collateral estoppel, particularly regarding administrative agency decisions and the mutuality of estoppel in cases involving a master and servant, even when parties are not identical. Ultimately, the court determined that Fourakre had waived his right to a jury trial on the issue of negligence by participating in the Board of Claims proceeding and that the Board's finding of no negligence against the State (master) estopped the plaintiff from relitigating the issue against the trooper (servant). The Trial Court's decision to overrule the motion to dismiss was reversed, and the case was remanded for the entry of summary judgment, dismissing the plaintiff's suit.

Wrongful DeathInterlocutory AppealMotion to DismissSummary JudgmentRes JudicataCollateral EstoppelAdministrative Agency DecisionMutuality of EstoppelMaster-Servant LiabilityWaiver of Jury Trial
References
21
Case No. 2021-06-1105
Regular Panel Decision
Apr 06, 2023

Hernandez, Andres v. SMS, Inc., d/b/a Master Stucco

Andres Hernandez, an employee, suffered a left shoulder fracture after falling from scaffolding at a Master Stucco jobsite. The central issue in the expedited hearing was whether Mr. Hernandez was an employee or an independent contractor. The Court determined that Mr. Hernandez was likely to prevail in proving his employee status, thereby requiring Master Stucco to provide reasonable and necessary medical treatment for his injury. However, his requests for temporary disability benefits and past medical expenses were denied at this time due to insufficient admissible proof of wages and medical bills. The case is set for a status hearing on June 19, 2023.

Employee statusIndependent contractorWorkers' compensationMedical benefitsTemporary disabilityShoulder fractureConstruction injuryUndocumented workersEmployer controlScaffolding fall
References
5
Case No. MISSING
Regular Panel Decision

Goins v. Hitchcock I.S.D.

Plaintiff Rolisha Goins filed a gender discrimination lawsuit against Hitchcock Independent School District (HISD) and several individual defendants, alleging discrimination based on gender and race under 42 U.S.C. § 1983, 42 U.S.C § 1981, Title VII, and Title IX. Goins, a former coach, claimed HISD failed to comply with a previous settlement agreement regarding gender inequality in athletics, misrepresented her salary, and engaged in a campaign to ostracize her. She moved for the appointment of a Special Master to oversee discovery, citing lack of cooperation from HISD. Defendants filed an unopposed partial motion to dismiss all claims against the individual defendants. The Court denied Plaintiff's motion for a Special Master, finding it unwarranted and that Defendants had cooperated. The Court granted Defendants' motion to dismiss, ruling that official capacity claims were redundant, Title IX and Title VII do not permit individual liability, § 1981 claims lacked factual basis for racial discrimination, § 1983 claims failed to allege adverse employment action, and intentional infliction of emotional distress claims were preempted or lacked outrageous conduct.

Gender DiscriminationRace DiscriminationEmployment LawMotion to DismissSpecial MasterTitle VIITitle IXSection 1983Section 1981Official Capacity
References
53
Case No. W1999-01719-COA-RM-CV
Regular Panel Decision
May 25, 2000

Mary Johnson v. Leboheur Children

This medical malpractice case involves Mary Johnson and her daughter, Amman Johnson, suing LeBonheur Children's Medical Center and several physicians. The core issue on appeal was whether the hospital could be held vicariously liable for its resident physicians, who are immune from suit under the Tennessee Claims Commission Act. The trial court denied the hospital's motion for partial summary judgment, and the appellate court affirmed this decision. The court reasoned that the residents' statutory immunity does not automatically extend to their principal or master in an established master/servant relationship, allowing evidence of the residents' actions to establish the hospital's responsibility.

Medical malpracticeRespondeat superiorVicarious liabilityResident physiciansImmunityTennessee Claims Commission ActSummary judgmentAppellate reviewCardiac arrestBrain damage
References
2
Case No. 2023 NY Slip Op 04168 [219 AD3d 1003]
Regular Panel Decision
Aug 03, 2023

Matter of Campos v. Performance Master, Inc.

Claimant Denis Campos, a construction worker, filed for workers' compensation benefits after falling from a ladder. A Workers' Compensation Law Judge (WCLJ) established the claim and put American Zurich Insurance Company on notice regarding a specific workers' compensation policy. American Zurich contested, arguing the policy was canceled or that other policies applied, but failed to provide evidence for the identified policy despite being directed to do so. The WCLJ determined the policy remained in effect, making American Zurich the liable carrier. The Workers' Compensation Board affirmed this decision, declining to consider new evidence submitted by American Zurich on administrative appeal, and subsequently denied their application for reconsideration. The Appellate Division affirmed the Board's decisions, finding no abuse of discretion in refusing new evidence or denying reconsideration.

Workers' Compensation BenefitsInsurance Coverage DisputePolicy CancellationAdministrative ReviewEvidence SubmissionAppellate DivisionWCLJ DecisionBoard AffirmationReconsideration DenialAbuse of Discretion
References
5
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