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

Case No. E2014-02205-COA-R3-CV
Regular Panel Decision
Sep 10, 2015

In re Estate of Warren Elrod

This case from the Tennessee Court of Appeals involves the estate of Warren Elrod and a dispute over the beneficiaries of an individual retirement account (IRA). The decedent's wife, the primary beneficiary, predeceased him, and the IRA document stipulated distribution to his "children." Warren Elrod's biological son, Gregory Lynn Elrod, argued he was the sole heir, while his two stepchildren, Sherry Diane Souder and Terry Ray Palmer, contended they should also be considered "children" for the IRA's purposes. The probate court found the term "children" to be ambiguous within the IRA agreement and, referencing Elrod's will which treated all three individuals equally, ruled that the stepchildren were intended beneficiaries. The probate court's decision, which ordered equal distribution of the IRA proceeds among Gregory, Sherry, and Terry, was subsequently appealed by Gregory. The Court of Appeals affirmed the lower court's finding, agreeing that the term was ambiguous and that the decedent's intent supported including the stepchildren as beneficiaries.

Estate LawProbateIRA BeneficiaryWill InterpretationStepchildren RightsAmbiguous ContractDecedent's IntentAppellate ReviewTennessee LawFamily Law
References
11
Case No. ADJ1940516 (GOL 0101910)
Regular
Apr 29, 2011

TONY COSTANTINO (Deceased), ELLIE COSTANTINO (Widow), CIERA MILLENDER (Dependent) vs. SANTA BARBARA SCHOOL DISTRICT

This case concerns whether a stepdaughter is entitled to the conclusive presumption of total dependency for workers' compensation death benefits under Labor Code section 3501. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, holding that the conclusive presumption does not apply to stepchildren absent legal adoption. The Board found insufficient evidence regarding the stepdaughter's actual dependency and returned the matter for further proceedings to develop the record on this issue. The WCAB clarified that while stepchildren can be dependents, the specific statutory presumption of total dependency is limited to "children" under the law.

Workers' Compensation Appeals BoardIndustrial InjuryDeath BenefitsDependencyLabor Code Section 3501Conclusive PresumptionStepchildPartial DependentReconsiderationWCJ
References
3
Case No. ADJ17148489
Regular
Jul 14, 2025

VERONICA SOTO VILLEGAS vs. ORANGE COUNTY PLASTERING COMPANY, INC.; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration regarding an industrial death claim and the dependency status of a minor stepchild. The Board affirmed the WCJ's finding that the deceased employee contracted COVID-19 at work due to an increased risk from his employment in enclosed spaces with infected co-workers. Furthermore, the Board upheld the finding that the stepchild was a total dependent, emphasizing a liberal interpretation of Labor Code sections 3501 and 4703.5 to include stepchildren within the definition of "child" for death benefits. This decision highlighted the importance of statutory context and legislative intent to protect dependent minors.

Workers' Compensation Appeals BoardReconsiderationLabor CodeCOVID-19Industrial InjuryDeath BenefitsDependencyStepchildIncreased RiskCausation
References
18
Case No. MISSING
Regular Panel Decision

People v. Mercado

The defendant appealed a judgment from the County Court of Washington County, convicting them of multiple counts of sodomy in the first degree and endangering the welfare of a child. The charges stemmed from allegations made by the defendant's stepchildren. The appellate court found that while the verdict was not against the weight of the evidence, the defendant was deprived of a fair trial due to the improper admission of expert testimony from a social worker. This testimony impermissibly compared the children's behavior to general characteristics of sexual abuse victims. Additionally, evidence concerning the 'sexual climate' of the household was deemed inadmissible as it sought to prove the defendant's predisposition to commit the crimes. Consequently, the judgment was reversed, and the matter was remitted for a new trial.

Sodomy First DegreeEndangering Welfare of a ChildAppellate ReviewExpert Witness TestimonyAdmissibility of EvidenceRape Trauma SyndromeAbused Child SyndromePropensity EvidencePrejudicial ErrorFair Trial
References
8
Case No. MISSING
Regular Panel Decision
Sep 28, 1992

In re Jessica G.

Petitioner initiated a Family Court proceeding alleging abuse and neglect against respondent's children and stepchildren. The Family Court found respondent sexually abused stepdaughter Jessica and inflicted excessive corporal punishment on all children, adjudicating Jessica abused and the other children neglected under Family Court Act § 1012. Respondent appealed, challenging the sufficiency of evidence. The appellate court affirmed, ruling that Jessica's in-camera testimony adequately corroborated her out-of-court statements to social workers and foster mother. Expert testimony further validated Jessica's account, and her recantation was deemed explained by her desire to return home. The court concluded that the sexual abuse of Jessica provided sufficient grounds for the neglect finding regarding the other children.

Child abuseChild neglectSexual abuseCorporal punishmentHearsay evidenceIn-camera testimonyCorroboration of testimonyWitness credibilityChild welfareFamily Court proceedings
References
6
Case No. MISSING
Regular Panel Decision

In re Robert U.

This case involves an appeal from a Family Court order that adjudicated the respondent's children and stepchildren as abused and/or neglected. The respondent argued that his due process rights were violated due to his exclusion from the courtroom during the testimony of the child victims and that he received ineffective assistance of counsel. The appellate court found that while the Family Court did not explicitly balance the respondent's due process rights against the children's well-being, this error did not necessitate reversal because a prima facie case of abuse was established by other evidence, making the child victims' testimony non-essential for that purpose. Additionally, the court dismissed the claim of ineffective assistance of counsel, noting counsel's presence during testimony and a provided adjournment. Consequently, the original Family Court order was affirmed.

Child abuseChild neglectDue processRight to counselEffective assistance of counselExclusion of partyWitness traumaFamily Court ActAppellate reviewPrima facie case
References
9
Case No. 32 — 24
Regular Panel Decision

Howard v. Monahan

This case involves a review of a compensation order issued by a deputy commissioner concerning the claims of Lula Howard and her stepchildren, Soloman, Leroy, and Elinor Dave. The claims stemmed from the injury and subsequent death of Tusan Howard, who was employed in Houston, Texas, and insured by Texas Employers’ Insurance Association. The commissioner had rejected both a claim for disability prior to Tusan Howard's death and a claim for death benefits, concluding the death was not caused by the injury. District Judge Hutcheson, presiding over the review, affirmed the commissioner's rejection of the death claim, finding ample evidence to support that conclusion. However, the judge reversed the commissioner's failure to make an award for disability prior to death, remanding that specific part of the case for further findings and order.

Longshoremen's ActHarbor WorkersCompensation ClaimDisability BenefitsDeath BenefitsJudicial ReviewCommissioner's OrderFindings of FactRemandTexas
References
1
Case No. MISSING
Regular Panel Decision

Foreman ex rel. Fromme v. Security Insurance Co. of Hartford

John H. Foreman died in a work-related accident. His wife, Denise Foreman, and their children received workers' compensation benefits from Security Insurance Company of Hartford. Following a third-party wrongful death settlement, Denise Foreman argued that she and some children became 'ineligible' for further benefits, proposing that the stepchildren, Brandon and Clayton Fromme, should receive the full redistributed compensation payments. The court examined the statutory definition of 'eligible' under the Texas Labor Code. It concluded that eligibility is determined by marital status, age, or dependency at the time of the worker's death, not by the actual receipt of benefits or an advance from a third-party settlement. Therefore, the court affirmed the judgment, stating that beneficiaries remain eligible even if their future benefits are covered by a third-party recovery.

Workers' CompensationDeath BenefitsStatutory InterpretationEligibilitySubrogationThird-Party SettlementDouble RecoveryTexas Labor CodeAppellate ReviewBeneficiary Rights
References
20
Case No. MISSING
Regular Panel Decision

In re Vincent I.

Petitioner initiated a Family Court Act article 10 proceeding in May 1991, alleging respondent sexually abused his son, Vincent, and abused/neglected his stepchildren, Benjamin and Bradford. Family Court found respondent sexually abused Vincent, relying on Vincent's out-of-court statements corroborated by expert validation testimony from Carol George. George, along with child protective worker Paula Herman, refuted claims of coaching, testifying that Vincent's behaviors were consistent with child sexual abuse syndrome. Following findings, Family Court ordered respondent's supervision, a mental health evaluation, and counseling; respondent subsequently appealed. The appellate court affirmed the Family Court's order, concluding that the findings of abuse and neglect were supported by a preponderance of the evidence.

child abusesexual abusechild neglectFamily CourtTompkins Countycorroborationexpert testimonyout-of-court statementspsychological evaluationjudicial discretion
References
4
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