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

Case No. MISSING
Regular Panel Decision

Timmy Dale Britt v. Dyer's Employment Agency, Inc.

Timmy Dale Britt, a temporary employee of Dyer's Employment Agency, sustained a work-related injury resulting in carpal tunnel syndrome. Following his injury and the termination of his temporary assignment at Mark IV, Dyer's did not return him to work. The trial court initially applied a lower statutory multiplier to his permanent partial disability benefits, reasoning that Dyer's could not be faulted for the temporary assignment ending. However, the Tennessee Supreme Court vacated this decision, ruling that the higher multiplier should apply. This was based on the fact that Dyer's neither returned Mr. Britt to employment at an equal or greater wage, nor was he terminated for misconduct, making the 'meaningful return to work' concept inapplicable. The case was remanded to the trial court to redetermine the appropriate disability benefits using the greater multiplier.

Workers' CompensationTemporary EmploymentStatutory MultiplierPermanent Partial DisabilityMedical ImpairmentCarpal Tunnel SyndromeEmployer ResponsibilityReturn to Work PolicyRemandTennessee Supreme Court
References
16
Case No. MISSING
Regular Panel Decision

New York Underwriters Insurance Co. v. Ehlinger

This case concerns an appeal by New York Underwriters, a worker's compensation insurer, challenging an Industrial Accident Board (IAB) award of death benefits to the statutory beneficiaries of the deceased worker, Clarence G. Ehlinger. The insurer initially filed an appeal in district court, mistakenly naming the deceased worker as the sole defendant. After the statutory 20-day appeal period expired, an amended petition was filed correctly identifying the beneficiaries as defendants. The trial court dismissed the appeal for lack of jurisdiction, a decision upheld by this court. The court ruled that the original petition naming the deceased was a nullity and did not confer jurisdiction over the beneficiaries, and the subsequent untimely amendment failed to cure this jurisdictional defect. The beneficiaries were thus entitled to stand on the IAB award.

Workers' CompensationJurisdictionTimeliness of AppealIndustrial Accident BoardStatutory BeneficiariesMistaken IdentityParty MisnomerTexas LawAppellate ProcedureDeath Benefits
References
3
Case No. MISSING
Regular Panel Decision

In Re New York City Off-Track Betting Corp.

Finger Lakes Racing Association and Empire Resorts, Inc. moved to compel New York City Off-Track Betting Corporation (OTB) to pay post-petition statutory distributions under the New York Racing, Pari-Mutuel Wagering and Breeding Law, arguing they were mandated and qualified as administrative expenses. The Court denied administrative expense status, reasoning that no "estate" exists in Chapter 9 cases to incur such expenses. Citing ambiguity in the state's Racing Law, paramount federalism concerns, and the regulatory authority of the New York State Racing and Wagering Board, the Court abstained from ruling on the specific payment schedule for these distributions. Consequently, the automatic stay was lifted, and the parties were ordered to seek a determination from the Racing and Wagering Board and engage in mediation to resolve the ongoing disputes regarding OTB's restructuring and statutory payments.

Bankruptcy CourtChapter 9 DebtorMunicipal LawState RegulationOff-Track BettingHorse Racing IndustryStatutory InterpretationJudicial AbstentionComity and FederalismAdministrative Claims
References
42
Case No. MISSING
Regular Panel Decision

Peace v. Easy Trucking Co.

This case addresses the calculation of permanent partial disability awards for employees over age 60 under Tennessee's Workers' Compensation Act. The Supreme Court of Tennessee was asked to determine if such awards should be calculated as a percentage of 400 weeks, with a cap at 260 weeks, or as a percentage of 260 weeks. The Court held that awards are properly calculated at 400 weeks, capped at 260 weeks, for employees over 60. Additionally, the Court considered the application of Tenn.Code Ann. § 50-6-242, which allows awards exceeding the statutory 'multiplier' provision of Tenn.Code Ann. § 50-6-241(b) if supported by clear and convincing evidence. The case was remanded to the trial court for specific documentation of the clear and convincing evidence supporting an award in excess of the multiplier provision.

Workers' CompensationPermanent Partial DisabilityDisability Benefits CalculationAge 60+ EmployeesStatutory InterpretationTennessee LawVocational DisabilityMedical Impairment RatingMultiplier Provision ExceptionRemand for Findings
References
11
Case No. MISSING
Regular Panel Decision

Parks v. Tennessee Municipal League Risk Management Pool

Jim Parks, a police officer, sustained a fourth work-related back injury after previously receiving workers' compensation for three prior back injuries. The trial court and Special Workers’ Compensation Appeals Panel awarded him 37.5% permanent partial disability by applying a statutory multiplier to his total medical impairment rating of 15% for all injuries. The Tennessee Department of Labor’s Second Injury Fund sought review, arguing the multiplier should apply only to the 2% impairment from the most recent injury. The Supreme Court agreed, interpreting Tenn.Code Ann. § 50-6-207(3)(F) to limit compensation to disability resulting solely from the subsequent injury. Consequently, the court modified the judgment, reducing the award to 5% permanent partial disability.

Permanent Partial DisabilitySecond Injury FundPre-existing ConditionStatutory InterpretationMedical Impairment RatingSubsequent InjuryBack InjuryPolice OfficerTennessee LawAppellate Review
References
7
Case No. No. 08-11-00276-CV
Regular Panel Decision
Oct 03, 2012

Williams-Pyro, Inc. v. Rhonda Barbour

Rhonda Barbour sued her former employer, Williams-Pyro, Inc. (WPI), for age discrimination under the Texas Commission on Human Rights Act (TCHRA). A jury found in Barbour's favor, awarding $250,000 in damages, which the trial court reduced to $120,714.40 due to statutory caps, also awarding $154,335 in attorney's fees. WPI appealed, challenging the sufficiency of evidence regarding age as a motivating factor in Barbour's termination and asserting the trial court lacked subject-matter jurisdiction due to Barbour's alleged failure to exhaust administrative remedies. Barbour cross-appealed, contending the trial court erred by not applying a multiplier to her attorney's fee award. The appellate court affirmed the trial court's judgment in its entirety, concluding that sufficient direct evidence supported the age discrimination finding, Barbour had exhausted administrative remedies, and the trial court correctly ruled it lacked authority to apply a multiplier under Texas Labor Code Section 21.259.

Age DiscriminationEmployment LawTexas Commission on Human Rights ActWrongful TerminationAttorney's FeesLodestar MethodMultipliersSubject Matter JurisdictionAdministrative RemediesSufficiency of Evidence
References
50
Case No. MISSING
Regular Panel Decision

Sara Lee Corp. v. Bags of New York, Inc.

Sara Lee Corporation filed an action claiming defendants produced and sold counterfeit trademarked Coach Leatherware products, violating the Trademark Act of 1946. Following defendants' failure to respond, a default judgment was entered, and the court retained jurisdiction to determine damages. Despite court orders, seizures, and civil contempt findings, defendant Nabil Helou and his associated businesses persisted in their counterfeiting activities. The court, noting the defendants' willful infringement, efforts to mislead, and defiance of deterrence, awarded Sara Lee $750,000 in statutory damages and $46,045.63 in attorney fees and costs.

Trademark InfringementCounterfeitingStatutory DamagesAttorney FeesWillful InfringementDefault JudgmentInjunctive ReliefDeterrencePunitive DamagesCivil Contempt
References
15
Case No. MISSING
Regular Panel Decision

Hackler v. H. Kohnstamm & Co. of Texas

H. Kohnstamm & Company of Texas, a judgment creditor, initiated a statutory action against Sheriff H. F. Hackler of Camp County and his sureties. The action stemmed from the sheriff's alleged failure and refusal to levy an execution on the property of judgment debtor George Collins, and for making a false return. The creditor claimed Collins possessed leviable assets, including his Pittsburg Laundry business, which he sold for a substantial sum while the execution was in the sheriff's possession. The sheriff contended he exercised due diligence and believed the property was exempt as 'tools and apparatus' of a trade. The court, citing precedents, determined that some assets, such as a cash register and scales, were not exempt. Consequently, the court found sufficient support in the record for the trial court's implied findings that not all laundry assets were wholly exempt and that the sheriff failed to exercise due diligence, leading to the affirmation of the judgment against the sheriff.

Execution of JudgmentSheriff LiabilityExempt PropertyTools and Apparatus ExemptionFalse ReturnDue DiligenceStatutory ActionTexas LawProperty LevyJudgment Creditor
References
14
Case No. MISSING
Regular Panel Decision

XL Specialty Insurance v. Kiewit Offshore Services, Ltd.

This memorandum opinion addresses cross-motions for summary judgment in a case originating from an explosion that killed two workers, one each from Kiewit Offshore Services, LTD (general contractor) and R.B.T. Welders, Inc. (subcontractor). Relatives of the deceased workers filed a negligence lawsuit. XL Specialty Insurance Company, RBT's insurer, initiated a declaratory judgment action against Kiewit, denying a duty to defend or indemnify. Kiewit, in turn, sought indemnification from RBT and coverage from XL. The Court granted Kiewit's motion for summary judgment in part, holding RBT must indemnify Kiewit for a $4 million settlement payment, specific attorney's fees, and prejudgment interest, finding Kiewit faced potential liability and the settlement was reasonable. The Court denied Kiewit's claim for undocumented expenses and denied XL's motion for summary judgment asserting statutory employer and borrowed servant defenses under workers' compensation laws for Kiewit, concluding these defenses were not applicable.

Summary JudgmentIndemnificationWorkers' CompensationInsurance CoverageDeclaratory JudgmentEmployer LiabilityContractual IndemnityBorrowed Servant DoctrineStatutory EmployerNegligence
References
19
Case No. MISSING
Regular Panel Decision

Advo, Inc. v. Phillips

This worker's compensation appeal addresses a defendant's rotator cuff injury. The trial court initially awarded 15% permanent partial disability to the whole body but then amended its judgment to 40% permanent partial disability to the left arm, allowing the defendant to choose the compensation basis. The Special Workers’ Compensation Appeals Panel reviewed whether the injury was to a scheduled member or the body as a whole, and if the defendant had the right to elect. The panel concluded that the rotator cuff injury affected the body as a whole, not a scheduled member, and denied the defendant's option to elect. Consequently, the appellate panel modified the trial court's judgment, limiting the defendant to 15% permanent partial disability to the whole body, in line with statutory multipliers for employees who return to work with equal or greater wages.

Workers' CompensationRotator Cuff InjuryShoulder InjuryPermanent Partial DisabilityBody as a WholeScheduled Member InjuryDisability RatingMedical ImpairmentStatutory InterpretationAppellate Review
References
10
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