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

Case No. ADJ7096210
Regular
Apr 11, 2011

ROBERTO GONZALEZ vs. JERRY'S FAMOUS DELI, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board granted removal to address the frivolous nature of the petition, which contained false factual assertions regarding a prior conference. Consequently, the Board intends to impose sanctions of up to $1,500 each against Hearing Representative Lance Garrett and Attorney Carl Feldman for their bad-faith actions. The Board also ordered Attorney Feldman to identify the representative who appeared at the January 26, 2011 conference.

WCABPetition for ReconsiderationPetition for RemovalOrder To Suspend ProceedingCompel Medical ExaminationPanel Qualified Medical Examiner (PQME)Hearing RepresentativeSanctionsFrivolous PetitionBad Faith Actions
References
1
Case No. 01801-9209-OT-00103
Regular Panel Decision
May 04, 1994

Petition of Burson

The Attorney General and the State Board of Equalization petitioned the Tennessee Supreme Court to determine the constitutionality of Tenn.Code Ann. § 67-5-1514, which permits non-attorney agents to represent taxpayers before boards of equalization. Petitioners argued this statute sanctioned the unauthorized practice of law, infringing upon the judiciary's inherent authority. After appointing a Special Master who found that such services did not constitute the practice of law and upheld the statute, the Supreme Court adopted the Special Master's factual findings. The Court affirmed the Special Master's legal conclusions as modified, ruling that Tenn.Code Ann. § 67-5-1514 does not sanction the unauthorized practice of law and is constitutional, thereby upholding the legislative act.

Unauthorized Practice of LawConstitutional LawSeparation of PowersJudicial AuthorityLegislative AuthorityProperty TaxationTaxpayer RepresentationAdministrative LawNon-attorney AgentsTennessee Constitution
References
31
Case No. 13-10-00016-CV, 13-10-00023-CV, 13-10-00059-CV
Regular Panel Decision

Cascos v. Cameron County Attorney

This case consolidates three interlocutory appeals primarily involving a dispute between the Cameron County Commissioners Court and the Cameron County Attorney. Appellants, comprising county officials and attorneys, challenged trial court orders that granted a temporary restraining order and a temporary injunction against them, favoring the County Attorney, and denied their plea to the jurisdiction. The appellate court conditionally granted the appellants' petition for writ of mandamus, ensuring their right to supersede the temporary injunction during appeal. While dismissing an appeal regarding the temporary restraining orders as moot, the court ultimately dissolved the temporary injunction and reversed the trial court's judgment. The court concluded that the Commissioners Court possesses implied powers to manage county business and employ legal counsel, and the County Attorney does not hold an exclusive right to represent the county in all civil matters, thereby finding the trial court abused its discretion in issuing the injunction.

Interlocutory AppealMandamusTemporary InjunctionGovernmental Entity DisputeCounty Attorney DutiesCommissioners Court AuthorityDeclaratory JudgmentStatutory InterpretationRes JudicataMootness Doctrine
References
106
Case No. 2021-03-0083
Regular Panel Decision
Dec 30, 2025

Shurina, George v. FedEx Ground

This interlocutory appeal addresses whether an estate, through its personal representative, can litigate a workers' compensation claim pro se in Tennessee. Mary Christina Shurina, representing the estate of Gregory Joseph Shurina, appealed a trial court's order mandating legal representation. The Appeals Board affirmed, citing statutory and regulatory requirements that artificial entities like estates must be represented by a licensed attorney. The Board emphasized that representing an estate in court constitutes the unauthorized practice of law for a non-attorney. The decision underscores the legal imperative for estates to engage counsel in workers' compensation proceedings.

Workers' CompensationPro SeEstate LawLegal RepresentationAppellate ProcedureStatutory InterpretationAdministrative LawUnauthorized Practice of LawTennessee LawDecedent's Estate
References
7
Case No. 16 Civ. 731
Regular Panel Decision
Feb 20, 2018

Nevada v. U.S. Dep't of Labor

This case concerns a motion for contempt filed by Chipotle Mexican Grill, Inc. and Chipotle Services, LLC against Carmen Alvarez and her attorneys. Chipotle alleged that Alvarez and her legal counsel violated a nationwide preliminary injunction issued by the Eastern District of Texas on November 22, 2016, which enjoined the Department of Labor from implementing and enforcing a revised overtime regulation (the "Final Rule"). Despite the injunction, Alvarez and her lawyers filed a lawsuit in New Jersey against Chipotle, seeking overtime wages based on the very Final Rule that was enjoined. The Court found that it had jurisdiction over the non-party respondents due to actual notice of the injunction. It determined that Alvarez and her lawyers were in privity with the Department of Labor, whose interests were adequately represented in the original injunction proceeding, and thus were bound by the nationwide injunction. The Court further clarified that the injunction was unambiguous and prohibited any enforcement of the Final Rule, not just by the Department of Labor. Good faith was not a defense to contempt. Consequently, the Court granted Chipotle's motion for contempt, ordering respondents to withdraw their allegations related to the Final Rule and affirming the injunction's broad applicability. Chipotle was also awarded attorneys' fees and expenses for prosecuting the contempt motion.

Contempt of CourtNationwide InjunctionFair Labor Standards Act (FLSA)Overtime RegulationsDepartment of Labor (DOL)PrivityCivil ProcedureDue ProcessAttorneys' FeesJudicial Enforcement
References
52
Case No. MISSING
Regular Panel Decision

Diaz v. Attorney General of State of Tex.

This appeal involves Mike M. Perez challenging a trial court's allocation of a workers' compensation settlement to his child support obligations, and Tony Diaz, Perez's former attorney, appealing the trial court's failure to allocate enough proceeds to his contractual claims. The court found that the Assistant Attorney General, who asserted the child support claim, did not properly intervene in the original hearing by failing to file a petition. Consequently, the appellate court sustained Perez's first point of error and modified the judgment to remove the child support bond. The court also affirmed the trial court's implied finding that both Perez and Diaz assented to the abandonment of their attorney-client contract, thus making an award based on the reasonable value of services proper. Diaz's claim for additional attorney's fees for breach of contract was also denied due to a lack of proof of presentment.

Child Support ArrearageWorkers' Compensation SettlementAttorney's Fees DisputeIntervention ProcedurePleading RequirementsDue Process ViolationWaiver of ErrorQuantum MeruitContract AbandonmentAppellate Review
References
13
Case No. ADJ4702870 (LAO 0757820)
Regular
May 20, 2016

Rubie Johnson vs. Los Angeles County Mental Health

This case involves sanctions imposed on lien claimant David Silver, M.D., and his representatives for failing to appear at a properly noticed lien conference without good cause. The Workers' Compensation Appeals Board (Board) granted reconsideration to affirm the sanctions and attorney fees awarded. The Board found that the excuses provided for the non-appearance were unreasonable and constituted bad faith actions under Labor Code section 5813. Consequently, Silver and his representatives were ordered to pay $\$250.00$ in sanctions to the General Fund and $\$2,100.00$ in attorney fees to the defendant.

Labor Code Section 5813WCAB Rule 10561WCAB Rule 10770.1Lien ConferenceFailure to AppearBad Faith ActionsSanctionsAttorney's FeesPetition for ReconsiderationJoint and Several Liability
References
1
Case No. MISSING
Regular Panel Decision

Wade v. Vabnick-Wener

The plaintiff, Ella G. Alexander Wade, filed a medical malpractice lawsuit against Dr. Felice A. Vabnick-Wener in federal court, alleging negligence during her husband's heart surgery in 2002 led to his death. Dr. Vabnick sought a protective order to allow her attorneys, Domico Kyle, PLLC, to represent non-party physicians Dr. Jeffrey Williams and Dr. Anant Shah for depositions and trial testimony. Wade opposed, citing Tennessee's implied covenant of physician-patient confidentiality which prohibits ex parte communications with treating physicians. The court, applying Tennessee law, found that while state law is more stringent than HIPAA regarding such communications, the covenant does not apply to Dr. Williams as he did not render medical treatment to the patient. Furthermore, the court ruled that Dr. Shah has the right to choose his attorney, thus allowing Domico Kyle to represent both physicians, provided no ethical conflicts arise. Therefore, the court granted Dr. Vabnick's motion for a protective order.

Physician-Patient ConfidentialityEx Parte CommunicationsMedical MalpracticeProtective OrderHIPAA PreemptionDiversity JurisdictionChoice of LawWrongful DeathAttorney-Client PrivilegeTreating Physician
References
35
Case No. M2009-02442-COA-R3-CV
Regular Panel Decision
Oct 28, 2010

Estate of David Holt Ralston, by John A. Ralston, Personal Representative v. Fred R. Hobbs

The personal representative of David Holt Ralston's estate filed an action to rescind twelve deeds executed by Fred R. Hobbs, the decedent's attorney-in-fact, without the decedent's knowledge and for no consideration. The properties were conveyed to Hobbs, his mother, and his daughter. The personal representative alleged breach of fiduciary duty. The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties. On appeal, Hobbs challenged the personal representative's standing, statute of limitations, the finding of fiduciary duty breach, and damage calculation. The Court of Appeals affirmed the trial court's decision on all grounds, finding the personal representative had standing, the action was timely filed, and Hobbs breached his fiduciary duty by making unauthorized gifts not in line with the principal's gifting history.

Fiduciary DutyPower of AttorneyReal Property ConversionStatute of LimitationsDeed RescissionMonetary DamagesAppellate ReviewEstate LawUndue InfluenceAttorney-in-Fact Breach
References
32
Case No. 01-22-00313-CV
Regular Panel Decision
May 16, 2024

Team Industrial Services, Inc. v. Kelli Most, Individually and as Personal Representative of the Estate of Jesse Henson

Kelli Most, individually and as personal representative of the estate of Jesse Henson, sued Team Industrial Services, Inc. for wrongful death and survival claims after Henson died from severe burns sustained in a steam release at a Kansas power plant. Most alleged Team was negligent in servicing pressure relief valves. The jury found Team 90% negligent and Westar (Henson's employer) 10% negligent, awarding Most $222 million in damages. On appeal, Team challenged the trial court's denial of its motion to dismiss for forum non conveniens and its refusal to apply Kansas law, which has limits on non-economic damages and different joint and several liability rules. The appellate court found that Kansas law should have been applied for proportionate responsibility and wrongful death damages caps, and that the jury's non-economic damages award was excessive due to improper arguments. The court also determined that all forum non conveniens factors favored dismissal to Kansas, vacating the judgment and dismissing the case.

Wrongful DeathSurvival ActionNegligence (Corporate)Forum Non ConveniensChoice of Law (Conflicts)Damages CapsComparative NegligenceExcessive DamagesAppellate Court DecisionIndustrial Safety
References
74
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