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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

Hartford Underwriters Insurance Co. v. Hafley

This case concerns an appeal by Hartford Underwriters Insurance Company against an award of Supplemental Income Benefits (SIBs) by the Worker’s Compensation Commission to Richard A. Hafley. Hartford challenged the Commission's calculation of Hafley's self-employment income based on net income and disputed the award of attorney's fees. Hafley cross-appealed on jurisdictional grounds, arguing improper venue. The appellate court affirmed the district court's judgment, ruling that the venue statute was not jurisdictional and upholding the Commission's discretion in using net income for wage calculation for self-employed individuals. The court also affirmed the award of attorney's fees to Hafley.

Worker's CompensationSupplemental Income BenefitsSelf-Employment IncomeNet Income CalculationAttorney's FeesJurisdictionVenue DisputeTexas Labor CodeStatutory InterpretationAppellate Review
References
9
Case No. 03-02-00107-CV
Regular Panel Decision
Oct 10, 2002

Hartford Underwriters Insurance Company/Richard Hafley v. Richard Hafley/Hartford Underwriters Insurance Company

Hartford Underwriters Insurance Company appealed an award of Supplemental Income Benefits (SIBs) by the Worker's Compensation Commission to Richard A. Hafley. The district court affirmed the award and granted attorney's fees to Hafley. Hartford argued the Commission improperly calculated Hafley's self-employment income based on net rather than gross income, insufficient evidence supported the award, and Hafley was not entitled to attorney's fees. Hafley cross-appealed, challenging the district court's jurisdiction due to an incorrect county for filing the appeal. The Court of Appeals affirmed the district court's judgment, finding the venue requirement was not jurisdictional and upholding the Commission's discretion in calculating wages for self-employed claimants and the award of attorney's fees.

Supplemental Income Benefits (SIBs)Self-Employment IncomeNet vs. Gross Income CalculationAttorney's Fees AwardJurisdiction and VenueStatutory InterpretationAdministrative DiscretionAppellate ProcedureLegal Sufficiency of EvidenceFactual Sufficiency of Evidence
References
10
Case No. 05-08-00438-CV
Regular Panel Decision
Aug 12, 2010

In the Interest of P.C.S.

This dissenting and concurring opinion, authored by Justice Bea Ann Smith, addresses the contentious issue of whether an inheritance should be classified as 'income' for child support calculations under the Texas Family Code. Justice Smith argues against the majority's interpretation, asserting that an inheritance is an asset, not income, and therefore should not be included in the initial calculation of net resources as per section 154.062(b)(5). Instead, she posits that an inheritance is an 'additional factor' under section 154.123(b)(3) that allows trial courts to adjust child support guidelines. The dissent concludes that the trial court's decision, which treated Father's $400,000 inheritance as an asset to justify increased child support rather than including it as income, correctly harmonizes the relevant family code sections.

Child SupportInheritanceTexas Family CodeStatutory InterpretationIncome DefinitionNet ResourcesDissenting OpinionFamily LawFinancial ResourcesChild Support Guidelines
References
5
Case No. ADJ8455911
Regular
Nov 20, 2013

SANDRA VACA vs. CAPISTRANO UNIFIED SCHOOL DIST.,, SCHOOL DIST.,, CORVEL CORP.

This case concerns a dispute over the correct temporary disability indemnity rate for an applicant who worked as both a substitute teacher and a self-employed realtor. The applicant's net income as a realtor, after expenses, was used for the calculation, not her gross receipts. The Board rescinded the original award and found the applicant entitled to $395.93 per week in temporary disability, affirming the use of net income and earnings up to her last day of work. The issue of attorney's fees was deferred.

Workers' Compensation Appeals BoardTemporary Disability RateAverage Weekly EarningsSelf-Employed IncomeGross ReceiptsNet IncomeEarning CapacitySubstitute TeacherIndustrial InjuryGross Income
References
3
Case No. MISSING
Regular Panel Decision

in the Interest of A.A.G. and C.L.G.G., Children

This appeal addresses whether monies received as part of a structured settlement annuity are considered in the calculation of “net resources” for purposes of calculating child support under Texas Family Code Chapter 154. The trial court excluded these monthly payments, drawing a distinction between an annuity and a settlement annuity for purposes of determining net resources. The appellate court reversed and remanded the trial court’s judgment, holding that the exclusion of the entire annuity was erroneous. The court clarified that the evidence needed to decide the issue is what portion of the payments represents a return of principal (not a resource) and what portion represents interest earned (an income resource).

Child SupportStructured SettlementAnnuity IncomeNet Resources CalculationTexas Family CodeStatutory ConstructionAbuse of DiscretionDe Novo ReviewReversal and RemandPrincipal vs. Interest
References
14
Case No. 14-14-00238-CV
Regular Panel Decision
Mar 03, 2015

Modis, Inc v. Net Matrix Solutions, Inc.

Modis, Inc. appealed a judgment favoring Net Matrix Solutions, Inc. regarding a breach-of-contract claim stemming from a "Subcontractor Agreement." Net Matrix alleged Modis breached a clause (paragraph 8F) by continuing to utilize their former employee, Nistane, via another subcontractor, Millennium, for the same client, LyondellBasell. The appellate court, applying Florida contract law, determined that paragraph 8F's prohibition against "hiring" was unambiguous and only applied to direct actions, unlike other clauses that explicitly forbade indirect engagement. Concluding that Modis's conduct did not constitute a direct hire, the court reversed the trial court's judgment and ruled in favor of Modis, rendering a take-nothing judgment for Net Matrix.

Contract disputeSubcontractingFlorida contract lawContractual ambiguityNon-solicitation clauseAppellate decisionBreach of contractDirect vs. indirect hiringBusiness agreementJudicial interpretation
References
20
Case No. W2001-00302-COA-R3-CV
Regular Panel Decision
Jan 07, 2002

Terri Jackson v. Danny Jackson

This case involves an appeal concerning the calculation of an obligor parent's net income for child support purposes. Appellant Danny L. Jackson sought a reduction in his child support obligations, arguing that temporary living expenses incurred due to a job relocation and Alabama state income taxes should be deducted from his gross income. The trial court denied his motion, finding no significant variance existed under the child support guidelines. The Court of Appeals affirmed this decision, holding that the guidelines' provision for deducting expenses applies only to self-employment income, not to employees like the Appellant. Thus, the lower court did not err in refusing the deductions.

Child SupportNet Income CalculationGross IncomeTemporary Living ExpensesIncome Tax DeductionSignificant VarianceAppellate ReviewMarital Dissolution AgreementDivorce ProceedingsObligor Parent
References
3
Case No. MISSING
Regular Panel Decision

Wade v. Wade

This appeal arises from a modification of child support, which increased the Appellant's monthly support obligation and awarded the Appellee one-half of all unreimbursed medical and dental expenses while the Appellant serves in the military. The primary legal issue concerns the trial court's calculation of child support, specifically how to account for the non-taxable portions of the Appellant's military income in accordance with the Tennessee Child Support Guidelines. The court determined that non-taxable military pay and allowances constitute 'fringe benefits' and their value must be imputed as income to accurately reflect the obligor's true net income. The decision affirmed the modified child support award for the year 2001, but reversed and remanded the child support award for 2002 for recalculation consistent with the method of imputing income outlined in the opinion. Additionally, the court affirmed the order requiring the Appellant to pay half of unreimbursed medical and dental expenses during his military service, asserting the court's ongoing statutory authority to modify child support provisions.

Child SupportModificationMilitary IncomeNon-taxable AllowancesTennessee Child Support GuidelinesImputed IncomeUnreimbursed Medical ExpensesMarital Dissolution AgreementAppellate ReviewFamily Law
References
15
Case No. ADJ6649763
Regular
Oct 30, 2009

LESLIE ADAM MACK vs. ATLAS VAN LINES, ZURICH AMERICAN INSURANCE, GALLAGHER BASSETT

Reconsideration granted; temporary disability indemnity rate to be calculated based on net income, not gross income.

Average weekly earningsTemporary disability indemnityGross incomeNet incomeIndependent contractorSpecial expensesRemunerationLabor Code section 4454Hupp v. Workers' Compensation Appeals BoardSelf-employment earnings
References
5
Case No. CA 12-01799
Regular Panel Decision
Sep 27, 2013

ZUFALL, KATHERINE v. ZUFALL, KARL

This case involves an appeal in a divorce action where the defendant husband challenged the spousal maintenance award, its duration, and child support calculations. The Appellate Division modified the judgment by reducing the duration of spousal maintenance to seven years and correcting a mathematical error in the defendant's net child support obligation. The court affirmed the maintenance amount, the method of calculating child support, the equitable distribution of the defendant's deferred compensation account as marital property, and the award of attorney fees to the plaintiff. The court rejected the defendant's arguments regarding the failure to include a cohabitation clause for maintenance termination and the deduction of maintenance from gross income for child support calculations. This judgment highlights considerations of marital duration, earning capacities, and the statutory presumption of marital property in divorce proceedings.

DivorceSpousal MaintenanceChild SupportEquitable DistributionDeferred CompensationAttorney FeesMarital PropertyPrenuptial AgreementStatutory FactorsAppellate Review
References
13
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