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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

Mannery v. WAL-MART DISTRIBUTION CENTER

This workers' compensation appeal concerns Robert Phillip Mannery's claim for a right inguinal hernia sustained while working for Wal-Mart Distribution Center in 1998. The central issue was whether the hernia existed prior to the accident, which would bar recovery under Tenn.Code Ann. § 50-6-212(a)(5). Despite a 1994 medical note mentioning a small right inguinal hernia, the trial court found that the 1998 hernia was a new injury in a different location, a finding supported by Mannery's testimony. The trial court awarded 21% permanent partial disability, which was affirmed by the Special Workers’ Compensation Appeals Panel and subsequently by the Supreme Court of Tennessee. The Supreme Court emphasized that the statute refers to the current hernia resulting from the accident, not a past, unrelated condition.

Workers' CompensationHernia ClaimPre-existing ConditionCausationMedical TestimonyPermanent Partial DisabilityAppellate ReviewInguinal HerniaStatutory InterpretationCredibility Determination
References
10
Case No. MISSING
Regular Panel Decision

North Shore University Hospital v. State Human Rights Appeal Board

This proceeding involved a review of an order from the State Human Rights Appeal Board, which affirmed a finding by the State Division of Human Rights that the petitioners had discriminated against complainant Essie Morris. The discrimination stemmed from the petitioners' failure to accommodate Morris's observance of the Sabbath and her subsequent employment termination, violating Executive Law § 296(10). The court found substantial evidence supporting the Division's finding that petitioners improperly placed the burden on Morris to find assignment swaps. It emphasized an employer's affirmative duty to reasonably accommodate religious beliefs. The petitioners also failed to demonstrate exemption from Executive Law § 296(10) under paragraphs (b) and (c). Consequently, the order was confirmed, and the petitioners' appeal was dismissed.

Religious DiscriminationSabbath ObservanceEmployment TerminationReasonable AccommodationExecutive Law § 296State Human Rights LawEmployer ResponsibilitySubstantial Evidence ReviewJudicial Review of Administrative OrderPetition Dismissal
References
3
Case No. MISSING
Regular Panel Decision

Cluett, Peabody & Co. v. New York State Division of Human Rights

This case addresses whether an arbitration proceeding, which determined a job classification was not discriminatory under a collective bargaining agreement but explicitly stated it lacked authority to rule on Human Rights Law violations, bars a subsequent proceeding before the State Division of Human Rights. Employees Betty Lingle and Joan Skinner initially filed a grievance and later complaints with the State Division of Human Rights alleging sex discrimination after their termination. Following an arbitration decision that denied relief but did not address Human Rights Law issues, their employer, Cluett, Peabody & Co., Inc., sought a judgment declaring the Division lacked jurisdiction due to election of remedies. The court, presided over by John W. Sweeny, J., held that the arbitration did not constitute an election of remedies precluding the State Division from proceeding, as the arbitrator had no authority to decide Human Rights Law issues. Consequently, the employer's motion to dismiss the complaint was granted, allowing the Human Rights Commission to continue with the employees' complaints.

DiscriminationSex DiscriminationHuman Rights LawArbitrationCollective Bargaining AgreementExclusive RemedyJurisdictionState Division of Human RightsSeniority RightsElection of Remedies
References
3
Case No. MISSING
Regular Panel Decision
Jun 28, 1983

Schuck v. State Division of Human Rights

Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, petitioned for annulment of an order by the Human Rights Appeal Board, which affirmed a determination by the Commissioner of the State Division of Human Rights. The Commissioner found that Local 3 discriminated against minority trainees by shunting them into a slower 'M' program, denying them the 'MIJ' shortcut to 'A' journeyman status, and providing an inferior training curriculum compared to regular apprentices, thus violating the Human Rights Law. The Commissioner issued cease and desist orders and specific directives regarding training and advancement, including a conditional provision for automatic 'A' journeyman status without examination. The Human Rights Appeal Board affirmed this determination. The court, upon judicial review, modified the order by deleting the directive that granted full 'A' journeyman status without further examination. Instead, the court mandated that affected individuals be afforded the opportunity to take the next scheduled 'A' examination, with appropriate preparatory instruction provided if needed. The rest of the Commissioner's order and determination were confirmed.

Human Rights LawEmployment DiscriminationMinority Training ProgramApprenticeshipJourneyman StatusLabor UnionAffirmative ActionNew YorkVocational TrainingEqual Opportunity
References
9
Case No. MISSING
Regular Panel Decision
Jan 01, 1981

MATTER OF MOHAWK FINISHING PRODS., INC. v. State Div. of Human Rights

This dissenting opinion concerns Michele Cushing, an employee of Mohawk Finishing Products Corporation, who was terminated after raising concerns about perceived sex discrimination, although actual discrimination was not proven. The State Division of Human Rights initially granted her relief for retaliation, which was affirmed by the Human Rights Appeal Board. However, the Appellate Division annulled and remitted the decision, distinguishing between protective clauses in the Human Rights Law. Justice Fuchsberg argues that the anti-retaliation provision should protect employees who reasonably believe a practice is discriminatory, even if later found lawful. He proposes reversing the Appellate Division's order and remitting the case to the State Division of Human Rights for a specific finding on the reasonableness of Ms. Cushing’s belief.

Anti-retaliationHuman Rights LawSex DiscriminationReasonable BeliefEmployment LawDissenting OpinionAdministrative ReviewWorkplace RetaliationEmployee RightsJudicial Interpretation
References
11
Case No. MISSING
Regular Panel Decision

Plasti-Line, Inc. v. Tennessee Human Rights Commission

A private employer, referred to as 'Appellant', brought an action for declaratory judgment and injunctive relief, challenging the constitutionality of enforcement provisions within the Tennessee Human Rights Commission statutes (T.C.A. §§ 4-21-301 to 307). The Appellant argued that these statutes violated the separation of powers, the right to trial by jury, and judicial election provisions of the Tennessee Constitution. The Chancellor initially upheld the validity of the statutes and dismissed the action. The Supreme Court affirmed this decision, finding no merit in the Appellant's claims. The Court highlighted that the Human Rights Commission functions as an administrative agency, administering public policy, and its orders are subject to judicial review and enforcement by the chancery court, thus not violating constitutional principles.

Human Rights LawDiscrimination LawEmployment DiscriminationAdministrative LawConstitutional ChallengeSeparation of PowersRight to Jury TrialStatutory ValidityTennessee ConstitutionAppellate Decision
References
5
Case No. 2018-03-1517
Regular Panel Decision
Jul 30, 2019

Mullis, Sr., Phillip v. Blount County Community Action Agency

Phillip Mullis Sr., an employee of Blount County Community Action Agency (BCCAA), filed a Request for Expedited Hearing seeking benefits for an alleged work-related hernia. Mullis claimed he sustained a hernia in September 2018 while lifting a box of food, experiencing sharp pain and a 'pop'. BCCAA disputed the claim, stating Mullis provided no medical evidence, failed to give timely notice, and time records contradicted his account. Furthermore, BCCAA presented evidence from co-workers and VA records indicating Mullis had a pre-existing right inguinal hernia since 2011. The Court found Mullis failed to definitively prove the hernia criteria, including a work injury resulting in a hernia, immediate appearance, immediate follow-up to an accident, and that it did not exist prior to the accident. Therefore, the Court denied his claim.

HerniaDenied BenefitsExpedited HearingPre-existing ConditionTimely NoticeMedical EvidenceEmployment InjuryVA RecordsEmployee TestimonyEmployer Dispute
References
2
Case No. MISSING
Regular Panel Decision

American Bank Note Co. v. State Division of Human Rights

This case concerns a petitioner challenging a determination by the State Human Rights Appeal Board, which had affirmed a decision from the Commissioner of the State Division of Human Rights. The original finding stated that the petitioner discriminated against Lorraine Voigt and other female employees regarding pregnancy-related disability benefits. The court annulled the board's determination, concluding there was no substantial evidence to support the finding of discrimination. The petitioner had denied Ms. Voigt's claim as untimely according to section 217 of the Disability Benefits Law. The court found that the Human Rights Law does not compel an employer to pay benefits for pregnancy-related disability if the employer would not pay similar disability claims for male employees under the same timeliness rules, which the petitioner consistently applied.

Pregnancy DiscriminationDisability Benefits LawHuman Rights LawTimeliness of ClaimSex DiscriminationEqual TreatmentWorkers' Compensation LawAppellate ReviewAnnulmentSubstantial Evidence
References
2
Case No. MISSING
Regular Panel Decision

Mohawk Finishing Products, Inc. v. State Division of Human Rights

The petitioner challenged a determination by the State Human Rights Appeal Board, which affirmed a finding of unlawful discriminatory practice against the petitioner. The original complaint stemmed from the petitioner allegedly retaliating against an employee for opposing perceived sex discrimination, although the Division of Human Rights found no actual sex discrimination. The court had previously annulled and remitted the case due to an inconsistency, but the Board failed to clarify its findings. This court now rules that retaliation for opposing practices mistakenly believed to be unlawful is not protected under the Human Rights Law if the underlying practice was, in fact, lawful. Consequently, the Board's determination against the petitioner is annulled, and the petition is granted.

RetaliationSex DiscriminationHuman Rights LawExecutive LawAdministrative ReviewAppellate ReviewUnlawful Discriminatory PracticeSubstantial EvidenceClarification of FindingsEmployment Law
References
6
Case No. MISSING
Regular Panel Decision

Suffolk County Community College v. New York State Division of Human Rights

This case involves a proceeding initiated by Suffolk County Community College to review a determination by the New York State Division of Human Rights. The Division had previously found the college guilty of unlawful racially discriminatory practices and retaliation against an employee, awarding $50,000 in compensatory damages. The Division of Human Rights cross-petitioned to enforce this determination. Following a reversal and remittal by the Court of Appeals, the Appellate Division reviewed the matter. The court denied the branch of the cross-petition seeking to enforce the $50,000 compensatory damages award, finding it excessive due to insufficient evidence regarding the duration, severity, or consequences of the complainant's mental anguish related to racial discrimination. The determination was otherwise confirmed, and the case was remitted to the New York State Division of Human Rights for a new award of compensatory damages not exceeding $5,000.

Racial DiscriminationRetaliationCompensatory DamagesExcessive DamagesMental AnguishAdministrative Law ReviewHuman Rights LawAppellate ReviewRemittalSufficiency of Evidence
References
8
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