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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Claim of Sciame v. Airborne Express, Inc.

This case addresses the application of Workers’ Compensation Law § 15 (6) (a) concerning the maximum weekly benefits a claimant can receive for concurrent schedule and nonschedule awards. The court reaffirms its established precedent that these concurrent payments cannot exceed the statutory cap of $400 per week for 2004 injuries, irrespective of whether the nonschedule award stems from a permanent disability. This principle was also extended to include periodic payments for a schedule loss of use award and nonschedule award payments for temporary disability. The court concluded that the 2009 amendments to Workers’ Compensation Law §§ 15 and 25 did not indicate legislative intent to overturn this longstanding cap. Consequently, the Board's decision, which held that the claimant's receipt of maximum weekly benefits from a nonschedule award precluded additional benefits from a schedule loss of use award, was affirmed.

Workers' Compensation BenefitsBenefit MaximumsConcurrent AwardsSchedule Loss of Use AwardNonschedule AwardStatutory CapJudicial Precedent AffirmationWorkers' Compensation Law Interpretation2009 Amendments AnalysisPermanent Disability Benefits
References
11
Case No. MISSING
Regular Panel Decision

Claim of House v. International Talc Co.

Arthur House suffered a compensable occupational disease in 1973, resulting in permanent total disability and received workers' compensation benefits based on his 1973 average weekly wage. He died in 1995 from lung disease. His widow, the claimant, filed for death benefits, contending the benefits should be calculated based on the average weekly wage of a comparable employee for the year preceding his death (March 17, 1994, to March 17, 1995). The Workers’ Compensation Law Judge and the Board, however, determined that death benefits should be calculated based on House's average weekly wage from the date of his original injury, April 5, 1973. This Appellate Division affirmed the Board's decision, interpreting Workers’ Compensation Law §§ 2, 14, and 38 to establish that the date of the original injury or accident is the basis for computing both disability and death benefits, not the date of death.

Death BenefitsAverage Weekly Wage CalculationOccupational DiseasePermanent Total DisabilityStatutory InterpretationDate of DisablementAppellate DivisionTalcosisClaimant's Widow
References
6
Case No. 2021-08-0034
Regular Panel Decision
Apr 29, 2022

Williams, Lawrence v. Methodist LeBonheur Healthcare

This case concerns an appeal by Methodist LeBonheur Healthcare regarding the calculation of death benefits for Lawrence Williams, the surviving spouse of Linda Williams, a healthcare worker who died from COVID-19. The parties initially agreed on a settlement, but the trial court, presided over by Judge Deana C. Seymour, rejected it due to an inconsistent calculation of the 'maximum total benefit.' The trial court concluded that the maximum total benefit should be calculated by multiplying the state’s average weekly wage by 450 weeks, as per Tennessee Code Annotated section 50-6-102(15)(D). The Appeals Board, led by Presiding Judge Timothy W. Conner, affirmed the trial court’s decision, clarifying that while the weekly benefit rate is tied to the deceased employee's wages, the overall duration of payments is capped by an across-the-board limitation based on the state’s average weekly wage.

Workers' CompensationDeath BenefitsCOVID-19Maximum Total BenefitStatutory InterpretationState Average Weekly WageSurviving SpouseAppellate ReviewSettlement RejectionHealthcare Worker
References
5
Case No. MISSING
Regular Panel Decision

Wausau Insurance Co. v. Dorsett

The case involves an interlocutory appeal concerning the duration of temporary total disability (TTD) benefits under Tennessee's Workers' Compensation Act. Employee Vivian Alvina Dorsett suffered a spider bite injury and subsequent chronic conditions, leading Wausau Insurance Company to pay TTD benefits. The trial court ordered continued TTD payments beyond the statutory 400-week cap, as Dorsett had not reached maximum medical improvement (MMI). The Tennessee Supreme Court reversed this decision, affirming that the 400-week "maximum total benefit" limitation explicitly applies to TTD benefits, with permanent total disability being the sole exemption. The Court concluded that it lacks the authority to alter statutory definitions, remanding the case for further proceedings consistent with the 400-week TTD limit.

Temporary Total DisabilityMaximum Medical ImprovementWorkers' Compensation ActStatutory Interpretation400-Week LimitationSpider Bite InjuryGenetic Enzyme DeficiencyPyoderma GangrenosumInterlocutory AppealRemand
References
16
Case No. 2021-08-0034
Regular Panel Decision
Feb 10, 2022

Williams, Linda (by Lawrence Williams, surviving spouse) v. Methodist Lebonheur Healthcare

This death claim involves Lawrence Williams, surviving spouse of Linda Williams, who contracted COVID-19 while employed by Methodist Lebonheur Healthcare. The primary dispute centered on the calculation of the maximum total death benefit. Methodist argued for a benefit capped at $184,918.50, based on Ms. Williams's weekly compensation rate. However, the Court, drawing on the precedent of Reynolds v. Free Serv. Tire Co. and interpretations of Tennessee Code Annotated, determined that the correct maximum total benefit was $447,300.00, calculated as 450 weeks times the state's average weekly wage. The Court found the reasoning in Reynolds persuasive, despite Methodist's objections regarding its citation status. Consequently, the Court ordered Methodist to pay Mr. Williams the higher death benefits.

Death ClaimWorkers' CompensationCOVID-19Surviving SpouseMaximum Total BenefitAverage Weekly WageStatutory InterpretationTennessee LawBenefit CalculationCase Precedent
References
5
Case No. 2021-08-0835
Regular Panel Decision
Dec 04, 2025

VELASQUEZ, BAUDILIO v. BROTHERS CONSTR.

Baudilio Velasquez died from a work injury, and his surviving partner requested benefits for his three minor children. The compensation hearing addressed the dispute over Mr. Velasquez's average weekly wage, with the employer arguing for $800 and the dependents for $960. After evaluating conflicting testimony, the Court determined Mr. Velasquez's average weekly wage was $950.00, aligning with amounts he sent to his partner, and set the compensation rate at $633.33. Consequently, the Court granted death benefits, ordering Brothers Construction to pay a maximum total award of $447,300. This sum is to be distributed equally among the children, with payments continuing until they reach age 18 or 22 if in post-secondary education.

Workers' CompensationDeath BenefitsAverage Weekly WageMinor DependentsGuatemalaWage CalculationPost-Secondary EducationLump Sum PaymentConsular OfficerEmployer Liability
References
1
Case No. 2020 NY Slip Op 06433 [188 AD3d 1401]
Regular Panel Decision
Nov 12, 2020

Matter of Minichiello v. New York City Dept. of Homeless Servs.

Claimant Thomas Minichiello appealed an amended decision by the Workers' Compensation Board regarding the applicability of the total disability provision in Workers' Compensation Law § 35 (2). After sustaining a back injury in 2009 and being awarded permanent partial disability benefits for a maximum of 350 weeks, claimant sought to be classified with a total industrial disability upon exhausting his benefit weeks. The Workers' Compensation Board denied his request, concluding that Workers' Compensation Law § 35 does not contemplate continuing awards beyond the statutorily capped weeks unless for extreme hardship under § 35 (3). The Appellate Division, Third Department, reversed the Board's decision, holding that the plain language of Workers' Compensation Law § 35 (2) allows claimants to apply for total industrial disability status at any time, irrespective of having exhausted maximum benefit weeks under § 15 (3) (w), and that this right is not exclusively tied to the extreme hardship provision of § 35 (3). The case was remitted to the Board for further proceedings.

Workers' Compensation LawTotal Industrial DisabilityPermanent Partial DisabilityStatutory InterpretationBenefit CapExtreme HardshipWage-Earning CapacityAppellate ReviewLegislative IntentWorkers' Compensation Board
References
9
Case No. 2017-04-0093 / 13763-2017
Regular Panel Decision
Oct 15, 2025

JEFFREY MOLANDS, Administrator, THE ESTATE OF MARSHA MOLANDS v. ACCESS PROGRAM

Marsha Molands, a home health nurse for Access Program, suffered low-back and left-shoulder injuries in 2017. She underwent two back surgeries in 2019 and 2023. Following the second surgery, she developed a wound infection, sepsis, and related complications, leading to her death in April 2024. Her husband, Jeffrey Molands, as Administrator of her estate and sole dependent, sought death benefits, additional temporary total disability (TTD) benefits, medical expenses, and funeral expenses. The Court found that Ms. Molands’s death arose primarily out of her 2017 work injury, largely based on the medical examiner’s testimony that infections from her surgeries caused a "death spiral." Consequently, the Court granted death benefits to Mr. Molands at a rate of 50% of Ms. Molands’s average weekly wage, along with reimbursement for medical and funeral expenses. However, the Court denied Mr. Molands’s request for a lump-sum payment of future death benefits, citing statutory limitations and a lack of "exceptional circumstances." It also denied additional TTD benefits from August 2020 to July 2023, determining that Ms. Molands had reached maximum medical improvement in August 2020. Attorney's fees were awarded to Mr. Molands' counsel.

Death BenefitsWorkers' CompensationMedical CausationSpinal InjurySepsisInfectionLaminectomyFusion SurgeryMaximum Medical ImprovementTemporary Total Disability
References
9
Case No. 2018-01-0224
Regular Panel Decision
Aug 23, 2019

Yearby, Reginald v. Armstrong Relocation

This expedited hearing addressed whether the employee, Reginald Yearby, was entitled to temporary disability benefits at the maximum compensation rate of $992.20, and if the employer, Armstrong Relocation, was due a credit for overpayment. The Court found Mr. Yearby's actual taxable earnings were significantly less than initially stated, derived from his 2016 and 2017 tax returns, even though he was treated as an employee for workers' compensation purposes despite being an independent contractor. Citing Tennessee Code Annotated, the Court determined Mr. Yearby's correct average weekly wage was $552.50, leading to a compensation rate of $368.35. Consequently, his request for maximum benefits was denied, and Armstrong Relocation was granted a credit for past overpayments.

Temporary disability benefitsWorkers' CompensationAverage weekly wageOverpaymentExpedited hearingIndependent contractorEarningsBusiness expensesCompensation rateMedical treatment
References
2
Case No. MISSING
Regular Panel Decision

Galloway v. Liberty Mutual Insurance Co.

This workers' compensation appeal concerns James Galloway, an employee who was injured at age 58 but attained maximum medical improvement and permanent total disability after age 60. The core legal issue was whether he qualified for a minimum of 260 weeks of permanent total disability benefits under Tennessee Code Annotated section 50-6-207(4)(A)(i), which specifies this duration for injuries occurring after age 60. Galloway contended the benefits should be based on his age at maximum medical improvement, while the employer and insurer argued for the date of injury. The Tennessee Supreme Court affirmed the Chancellor's ruling, concluding that the statute's plain language dictates that eligibility for the 260-week minimum is determined by the employee's age at the time of injury. Consequently, Galloway was awarded 232 weeks of benefits, as his injury preceded his 60th birthday.

Workers' CompensationPermanent Total DisabilityStatutory InterpretationAge of InjuryMaximum Medical ImprovementSocial Security BenefitsBenefit DurationTennessee LawAppellate ReviewChancellor's Judgment
References
10
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