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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

Hopkins v. Cornerstone America

This case involves former insurance agents, led by Joseph Hopkins, suing Cornerstone America, Mid-West National Life Insurance Company of Tennessee, and United Insurance Companies, Incorporated, for unpaid overtime wages and retaliation under the Fair Labor Standards Act (FLSA), breach of contract, and common-law fraud and conversion. The central issue is whether the plaintiffs were employees or independent contractors under the FLSA. The Court found that most plaintiffs, except Chris Fox, were employees based on an economic reality test, considering factors like degree of control, relative investment, opportunity for profit and loss, skill and initiative, and permanency of the relationship. Consequently, the court partially granted the plaintiffs' motion for partial summary judgment and partially granted and denied the defendants' motion to dismiss or for summary judgment. It dismissed Chris Fox's FLSA claims due to judicial estoppel and dismissed all claims against United Insurance and the plaintiffs' abandoned fraud and conversion claims.

Fair Labor Standards ActEmployee ClassificationIndependent ContractorOvertime WagesRetaliationBreach of ContractJudicial EstoppelEconomic Reality TestCorporate VeilPublic Policy Violation
References
36
Case No. 2017-08-0024
Regular Panel Decision
Feb 19, 2020

Thomas, Alisha v. Federal Express Corp.

Alisha Thomas filed a Petition for Benefit Determination (PBD) seeking permanent total disability benefits or additional permanent partial benefits, which Federal Express Corp. disputed. The Court ruled that Ms. Thomas is entitled to increased permanent partial disability benefits under Tennessee Code Annotated section 50-6-207(3)(B) because she had not returned to work by the expiration of her initial compensation period, and her treating physician, Dr. Melvin Goldin, attributed her condition to the work injury at that time. However, the Court denied claims for additional benefits under section 50-6-242 and permanent total disability, as Dr. Goldin's later testimony revealed Ms. Thomas's condition had evolved beyond the initial somatic symptom disorder, and he could not definitively connect her advanced symptoms to the work injury at the time of the award. The awarded increased benefits totaled $3,379.01.

Permanent Partial DisabilitySomatic Symptom DisorderImpairment RatingRes JudicataMental Injury CompensabilityIncreased BenefitsSocial Security DisabilityTreating Physician TestimonyCausation StandardSettlement Agreement
References
5
Case No. MISSING
Regular Panel Decision

Engelman v. Girl Scouts-Indian Hills Council, Inc.

Plaintiff, a long-term employee, was terminated by the Girl Scouts-Indian Hills Council, Inc. and its executive director, Denise Newvine, after sustaining a permanent partial disability. Prior to termination, his job description was altered to include heavy lifting, and his assistant's hours were reduced. Plaintiff filed a lawsuit alleging disability discrimination, and later applied for Social Security Disability Insurance benefits. The defendants' motion for summary judgment was partially denied by the Supreme Court, allowing the disability discrimination claim to proceed. The appellate court affirmed this denial, ruling that plaintiff presented a prima facie case of discrimination. The court highlighted outstanding questions of fact regarding reasonable accommodations and the consistency of plaintiff's SSDI application with his ability to perform job duties, precluding summary judgment.

Disability DiscriminationSummary JudgmentAppealHuman Rights LawAmericans with Disabilities ActReasonable AccommodationSocial Security Disability InsuranceEmployment TerminationPrima Facie CaseBroome County
References
6
Case No. MISSING
Regular Panel Decision
Sep 08, 1983

Claim of McNeil v. Geary

The claimant, a groom, injured her left knee in 1979 and was initially found temporarily totally disabled. The Workers' Compensation Board later reclassified her injury as a 15% permanent partial disability of the left leg, dating from the time of injury, and increased her benefits based on wage expectancy due to her being under 25. The employer appealed, arguing that wage expectancy benefits should not apply to the period of temporary total disability and that the record didn't substantiate a permanent partial disability ab initio. The court affirmed the Board's decision, stating that reclassification is a factual determination within the Board's sole province and was based on substantial evidence, and that the Board has continuing jurisdictional power to modify findings.

Permanent Partial DisabilityWage ExpectancyWorkers' Compensation LawInjury ReclassificationBoard JurisdictionSubstantial EvidenceLeft Knee InjuryGroomRiding AcademyTemporary Total Disability
References
4
Case No. MISSING
Regular Panel Decision

Claim of Delee v. Crouse Hinds Division of Cooper Industries

Claimant sustained a work-related back injury in 1991, resulting in a permanent partial disability and workers' compensation benefits. After being terminated and later finding new employment, she developed breast cancer, leading to neuropathy and cardiomyopathy from chemotherapy, preventing her return to work. The employer's carrier argued her current inability to work was solely due to cancer, not the back injury. The Workers’ Compensation Board reversed a Workers’ Compensation Law Judge's decision, continuing claimant's reduced earnings award. The Appellate Division affirmed, holding that supervening nonindustrial causes do not absolve an employer if the established permanent partial disability still contributes to reduced earning capacity, which is a factual determination for the Board, supported by substantial evidence in this case.

Workers' CompensationPermanent Partial DisabilityReduced EarningsSupervening Nonindustrial CausesCausationAppellate ReviewMedical OpinionBack InjuryChemotherapy ComplicationsBoard Findings
References
5
Case No. MISSING
Regular Panel Decision

New York State Workers' Compensation Board v. Marsh U.S.A., Inc.

The State of New York Workers’ Compensation Board appealed an order that partially granted motions to dismiss filed by several defendants, including former trustees (Zubin, Mclvor) and the Trust administrator (Marsh U.S.A., Inc.). The Trust, formed in 1998, provided workers' compensation insurance to construction employers and later operated at a deficit, leading to the plaintiff assuming its administration in 2009. Plaintiff filed claims for breach of contract and fraud against the trustees, and breach of contract and unjust enrichment against Marsh. The Supreme Court had dismissed fraud claims against Zubin and Mclvor and partially dismissed claims against Marsh based on statute of limitations and lack of agreement. On appeal, the Court affirmed the dismissal of fraud claims against Zubin and Mclvor, finding them directly related to breach of contract. However, the Court reversed the dismissal of breach of contract claims against Marsh regarding premium calculations from November 2006 to October 2007, citing the discovery of a relevant agreement. The order was therefore modified and affirmed as modified.

Workers' CompensationSelf-Insurance TrustBreach of ContractFraudStatute of LimitationsAppellate ReviewInsurance AdministrationTrust ManagementFiduciary DutyPremium Calculation
References
20
Case No. MISSING
Regular Panel Decision

Dow Chemical Co. v. LOCAL NO. 564, INTERNATIONAL UNION OF OPERATING ENGINEERS

This case involves a dispute between Dow Chemical Company (Dow) and Local No. 564, International Union of Operating Engineers (the Union) over an arbitration award concerning the termination of twelve Union members, including Freddie Bonner, for violating Dow's email policy. Dow sought to vacate the arbitrators' reinstatement of Bonner and their award of certain past benefits (vacation, 401(k), and bonuses). The Union cross-moved to affirm the entire arbitration award. The Court PARTIALLY GRANTED Dow's motion, vacating Bonner's reinstatement due to a prior 'Last Chance Agreement' (LCA) which explicitly stated that possession of sexually oriented materials would result in termination. However, the Court PARTIALLY DENIED Dow's motion regarding the past benefits, affirming the arbitrators' award of vacation allowance and 401(k) benefits, and eligibility for a 2002 Performance Award, finding these remedies drew their essence from the ambiguous Collective Bargaining Agreement (CBA) which was silent on specific remedies.

Arbitration Award ReviewSummary JudgmentCollective Bargaining AgreementLast Chance AgreementEmployee TerminationWorkplace Policy ViolationJust CauseReinstatementEmployee Benefits401(k)
References
17
Case No. MISSING
Regular Panel Decision

Cook v. Fidelity Investments

Plaintiff Darnell Cook sued his employer, Fidelity Investments, alleging racial discrimination under Title VII and the Texas Commission on Human Rights Act (TCHRA), intentional infliction of emotional distress, and negligent supervision following a demotion. Fidelity moved for partial dismissal of the emotional distress claim and for partial summary judgment on the negligent supervision claim. The Court granted Fidelity’s motion to dismiss the intentional infliction of emotional distress claim, ruling that the alleged conduct did not meet the standard for extreme and outrageous behavior. The Court also granted Fidelity’s motion for summary judgment on the negligent supervision claim, finding it barred by the Texas Workers’ Compensation Act’s exclusive remedy provision and preempted by the TCHRA. Consequently, both of Darnell Cook’s claims for intentional infliction of emotional distress and negligent supervision were dismissed with prejudice.

Racial DiscriminationTitle VIITexas Commission on Human Rights ActIntentional Infliction of Emotional DistressNegligent SupervisionTexas Workers' Compensation ActExclusive RemedySummary JudgmentDismissal with PrejudiceEmployment Law
References
15
Case No. MISSING
Regular Panel Decision
Dec 15, 2015

Nance v. Crockett County

Jerry A. Nance sued Crockett County, Tennessee, for violations of the Fair Labor Standards Act (FLSA), alleging unpaid overtime and compensatory time. Both Nance and the County filed cross-motions for partial summary judgment. The court denied the County's motion, finding genuine issues of material fact regarding willfulness of the alleged FLSA violations and Nance's eligibility for the 480-hour compensatory time limit due to his emergency response duties. The court also denied Nance's motion for summary judgment on overtime liability and liquidated damages, citing factual disputes over the actual overtime hours worked and the accuracy of his records. Consequently, both parties' motions for partial summary judgment were denied, and the case will proceed to trial.

FLSAOvertimeCompensatory TimeSummary JudgmentStatute of LimitationsWillfulnessEmergency ServicesPublic EmploymentWage and HourEmployment Law
References
41
Case No. 2019-07-0251
Regular Panel Decision
Mar 02, 2020

Hayes, Michael v. Jackson Golf & Country Club

Mr. Hayes, a tennis professional, sustained a right shoulder injury while serving. Dr. Pucek, the authorized treating physician, initially rated a two-percent permanent impairment to the body as a whole, later increasing it to three percent. Dr. Samuel Chung, an IME physician, assessed a six-percent impairment based on range of motion. The Court found Dr. Chung's rating more accurate, citing his detailed measurements and Mr. Hayes's credible lay testimony regarding lost service velocity and reduced work hours. The Court ordered Jackson Golf & Country Club to pay Mr. Hayes $23,976 in permanent partial disability benefits.

Permanent Partial DisabilityShoulder InjuryTennis ProfessionalImpairment RatingRange of MotionMedical ExaminerTreating PhysicianCredibilityWork InjuryWage Loss
References
6
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