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

Case No. 2016-08-0085
Regular Panel Decision
Jul 19, 2016

Humphreys, Jerry v. Prestigious Placement, Inc.

Jerry Humphreys, a fifty-year-old employee, filed a Request for Expedited Hearing against Prestigious Placement, Inc., his uninsured employer, seeking continued medical and temporary disability benefits for work-related neck and back injuries sustained on June 18, 2015. Humphreys reported the injury to Americraft supervisor and then Prestigious, receiving initial treatment and benefits until January 15, 2016, when benefits were terminated due to alleged refusal of light duty work and fabricated claims. The Court found Humphreys injured himself at work and that the employer's defenses lacked evidence, including their claim of willful misconduct or refusal of light duty work. Presiding Judge Jim Umsted ruled that Humphreys is entitled to continued medical treatment with his authorized treating physician, Dr. Murrell, and ongoing temporary partial disability benefits from January 16, 2016, forward. Additionally, the Court awarded Humphreys' attorney a fee of twenty percent of the temporary disability award.

Expedited HearingMedical BenefitsTemporary DisabilityNeck InjuryBack InjuryCervical MyelopathyUninsured EmployerWork-Related AccidentSedentary Work RestrictionsAttorney's Fees
References
3
Case No. 2015-06-0107
Regular Panel Decision
Sep 07, 2016

Humphrey, Andy v. Lewisburg Rubber and Gasket

Andy Humphrey filed a PBD seeking temporary disability and medical benefits for a left-hip fracture allegedly sustained in a workplace parking lot fall. The Court initially denied his request for benefits due to his failure to provide sworn testimony via affidavit. Following a scheduling order and attempts at alternative dispute resolution (ADR), Mr. Humphrey's contact information became disconnected, preventing communication. He later informed the court and parties that he was formally withdrawing his claim and subsequently failed to participate in scheduled ADR. Lewisburg Rubber and Gasket filed a Motion to Dismiss based on Mr. Humphrey's failure to prosecute his claim. The Court granted the motion, dismissing the claim with prejudice, citing Rule 41.02 of the Tennessee Rules of Civil Procedure and finding that Mr. Humphrey showed no intent to prosecute his claim, making further proceedings a waste of judicial resources.

Workers' CompensationMotion to DismissFailure to ProsecuteTennesseeHip FractureTemporary Disability BenefitsMedical BenefitsDispute Certification NoticeAlternative Dispute Resolution (ADR)Teleconference Hearing
References
1
Case No. MISSING
Regular Panel Decision

Humphrey v. Council of Jewish Federations

Tyrone Humphrey sued his former employer, Council of Jewish Federations, Inc., alleging racial discrimination under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. Humphrey claimed experiences of retrenchment, demotion, a racially hostile environment, denial of leave, unequal pay, negative performance evaluations, and retaliatory termination. The defendant moved to dismiss, citing untimely EEOC filings, unincluded claims, mootness, and statute of limitations. The court found Humphrey's EEOC filings timely due to a worksharing agreement and his hostile environment claim reasonably related. The court also ruled § 1981 claims were timely and prior arbitration did not preclude federal civil rights claims, ultimately denying the motion to dismiss in its entirety.

Racial DiscriminationTitle VIISection 1981Motion to DismissTimeliness of ClaimsEEOC Worksharing AgreementStatute of LimitationsArbitration PreclusionHostile Work EnvironmentRetaliation
References
24
Case No. MISSING
Regular Panel Decision

In re Ronald M.

The Erie County Department of Social Services (DSS) obtained temporary custody of Ronald M., Jr. based on a neglect petition alleging the mother's mental illness and substance abuse, and a prior neglect adjudication for an older sibling. At trial, the evidence from a child protective worker, a psychiatrist, and a nurse was deemed insufficient to prove current neglect. The Family Court granted the respondents' motions to dismiss. On appeal, DSS solely relied on the principle that prior neglect of one child is admissible to prove neglect of another, but the appellate court found this insufficient to sustain a neglect finding given the 16-month gap since the prior order and a lack of proof of non-compliance or new concerning behavior by the parents. The order dismissing the neglect petition was unanimously affirmed.

Child NeglectFamily LawAppellate CourtSufficiency of EvidencePrior AdjudicationParental FitnessChild Protective ServicesDomestic ViolenceMental Health IssuesSubstance Abuse History
References
2
Case No. M2006-02783-CCA-R3-CD
Regular Panel Decision
Oct 09, 2008

State of Tennessee v. Ronald Brown

Ronald Steven Brown was convicted of multiple offenses including attempted first-degree murder, attempted second-degree murder, assault, aggravated assault, felony evading arrest, and DUI, receiving an effective sentence of forty-three years. He appealed, alleging errors regarding unpreserved transcripts of pretrial motions and sentencing hearings, excessive sentencing, an amended indictment after the jury was sworn, and sentencing in violation of Gomez v. Tenn. The Court of Criminal Appeals of Tennessee affirmed the judgments of the trial court. The appellate court found that Brown failed to comply with Tennessee Rule of Appellate Procedure 24 by not preparing a statement of the evidence to reconstruct the record, which proved fatal to all issues raised on appeal.

Criminal AppealSentencing IssuesDue ProcessMissing TranscriptsAppellate Procedure Rule 24Indictment AmendmentExcessive SentenceAttempted First Degree MurderAttempted Second Degree MurderAggravated Assault
References
9
Case No. MISSING
Regular Panel Decision

Humphreys, Hutcheson & Moseley v. Donovan

This case involves the Chattanooga law firm Humphreys, Hutcheson & Moseley challenging the application of sections 203(b) and 204 of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA). The firm engaged in labor persuader activities for Southern Silk Mills, Inc., to dissuade employees from unionizing, specifically through speeches by partners William P. Hutcheson and Ray H. Moseley. The plaintiff argued that § 203(b) did not apply due to the disclosed nature of their activities, violated First Amendment rights, and that § 204 exempted them from disclosure based on attorney-client privilege. The Secretary of Labor counterclaimed to compel compliance. The court denied the plaintiff's motion for summary judgment and granted the defendant's, ruling that the LMRDA's disclosure requirements apply to the firm's persuader activities and do not violate the First Amendment. Furthermore, the court found that the § 204 attorney-client exemption is parallel to common law privilege and does not preclude disclosure of the information required by § 203(b). The plaintiff was ordered to comply with the reporting requirements.

Labor LawLMRDAAttorney-Client PrivilegeFirst AmendmentLabor PersuaderDisclosure RequirementsSummary JudgmentConstitutional ChallengeUnionizationEmployer-Employee Relations
References
39
Case No. CA 10-02491
Regular Panel Decision
Mar 16, 2012

LUCAS, RONALD, MTR. OF

This case involves an appeal from a judgment confirming two arbitration awards. The first award found that the respondents violated a collective bargaining agreement (CBA) by disregarding a binding past practice where the most senior caulker supervisor was offered the right of first refusal for an acting-time position. The second award directed the respondents to pay Donald Mackowiak $54,282.71 and Ronald French $1,094.99 in back pay and lost overtime for their failure to provide this right. The respondents argued on appeal that the awards violated Civil Service Law §§ 61(2) and 64(2), were against public policy, speculative, irrational, and exceeded the arbitrator's power. The Appellate Division affirmed the judgment, holding that the awards did not violate the Civil Service Law, as temporary appointments under § 64(2) do not require emergency situations. The court also found no public policy violation, citing an employer's ability to limit its discretion by agreement or established past practice, especially when safety is not a concern. The damages were deemed non-speculative, and the awards were found to be rational and within the arbitrator's authority, supported by evidence of a past practice.

Arbitration AwardCollective Bargaining AgreementCivil Service LawPublic Policy ChallengeWaiver of DiscretionPast Practice DoctrineActing-Time PositionRight of First RefusalDamages for Lost WagesAppellate Division
References
11
Case No. ADJ8841436
Regular
Jul 11, 2014

RONALD LAWRENCE vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied Ronald Lawrence's petition for reconsideration of the denial of his back injury claim. The Workers' Compensation Judge found Lawrence not credible, citing inconsistencies in his account of the injury. The medical records were ambiguous and the judge gave great weight to his credibility determination, adopting the judge's reasoning for the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityBurden of ProofDisputed InjuryTestimonial EvidenceMedical RecordsLabor CodeAdmissibility of Evidence
References
1
Case No. M2012-02263-CCA-R3-CD
Regular Panel Decision
Apr 25, 2014

State of Tennessee v. Ronald W. Damon

Ronald W. Damon was convicted in Rutherford County Circuit Court of two counts of especially aggravated kidnapping, aggravated robbery, aggravated burglary, and conspiracy to commit aggravated burglary. He was subsequently sentenced to an effective seventy-three years. On appeal, Damon raised multiple issues, including the sufficiency of the evidence, the trial court's denial of his motion for acquittal or a new trial, alleged errors in trial procedure (like an eight-day break), exclusion of 9-1-1 operator testimony, admission of an incriminating letter, admission of prior bad acts evidence, playing portions of his pretrial video statement, limitations on cross-examination, and various sentencing errors. The Court of Criminal Appeals of Tennessee affirmed the judgments of the trial court, finding that the evidence was sufficient to support the convictions, there were no reversible errors in trial procedure or evidence admission, and the trial court did not abuse its discretion in sentencing.

KidnappingRobberyBurglaryConspiracySufficiency of EvidenceSentencing ReviewConsecutive SentencesDangerous OffenderAlibi DefenseHearsay Exception
References
47
Case No. 14-10-00254-CR
Regular Panel Decision
Nov 17, 2011

Craig Ronald Harrison v. State

Craig Ronald Harrison was convicted of third-degree felony theft after being identified from surveillance video and other witness testimony at a Sears store. He was sentenced to 99 years' imprisonment. On appeal to the Fourteenth Court of Appeals, Harrison raised eight points of error, including challenges to a Batson ruling, the admission of video evidence, the sufficiency of evidence for the value of stolen goods, in-court identifications, the denial of a directed verdict, and jury instructions related to extraneous offenses and disregarded testimony. The Court of Appeals reviewed each point and ultimately affirmed the trial court's judgment, finding no reversible error.

theftfelonyappealBatson challengeevidence sufficiencyidentificationjury instructionsextraneous offensesdue processTexas law
References
64
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