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

Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. MISSING
Regular Panel Decision

Hearring v. Sliwowski

Melissa Hearring, as next friend of a minor, B.H., filed a § 1983 action against school nurse Karen Sliwowski and the Metropolitan Government of Nashville Davidson County, Tennessee, alleging a Fourth Amendment violation for an intrusive visual search of B.H.'s labia without consent or emergency. The Magistrate Judge recommended granting summary judgment for defendants, citing qualified immunity for Sliwowski and insufficient evidence against Metro. However, the District Judge set aside this recommendation, concluding that B.H.'s Fourth Amendment right was clearly established at the time of the search. The Court denied the defendants' motion for summary judgment, finding that Metro could be liable for deliberate indifference to the need for clear policies regarding student searches.

Fourth AmendmentQualified ImmunitySchool SearchStrip SearchMinor's RightsDeliberate IndifferenceMunicipal LiabilitySchool Nurse ConductParental ConsentMedical Examination
References
79
Case No. MISSING
Regular Panel Decision

People v. Buckman

The defendant moved for suppression of physical evidence, suppression of statements, and inspection of Grand Jury minutes. The court criticized the District Attorney's affidavit for lacking factual support. The motion for a suppression hearing concerning physical evidence was granted. However, the court denied the motion for a Huntley hearing due to the defendant's failure to provide sworn factual allegations. The request to inspect Grand Jury minutes was also denied, as the motion papers did not meet the statutory requirements for showing reasonable cause.

Criminal Procedure LawPenal LawSuppression HearingGrand Jury MinutesHuntley HearingPhysical EvidenceStatementsIndictmentDangerous DrugAffidavit
References
13
Case No. 2015-02-0155, 2015-02-0156, 40357-2015, 31700-2015
Regular Panel Decision
Apr 13, 2018

Muse, Estel Blackie v. Campbell County

Estel "Blackie" Muse, an employee of Campbell County, filed claims for multiple injuries, including his back, hearing loss, right shoulder, bilateral upper extremities, and occupational lung disease. The employer accepted the back and hearing-loss claims but denied the others. The Court of Workers’ Compensation Claims at Knoxville, presided by Judge Lisa A. Lowe, denied Mr. Muse's claims for his right shoulder, bilateral upper extremity, and occupational lung disease, finding he failed to establish compensability. However, the court granted permanent partial disability benefits for his back and hearing loss based on accepted medical opinions, incorporating increased benefits and applying a social security offset. The total award for permanent partial disability benefits was $79,073.37, and future medical benefits for his back and hearing loss were also awarded.

Workers' CompensationPermanent Partial DisabilityBack InjuryHearing LossOccupational Lung DiseaseRight Shoulder InjuryBilateral Upper Extremities InjuryMedical CausationPreponderance of EvidenceIndependent Medical Evaluation (IME)
References
5
Case No. 2016-03-0523
Regular Panel Decision
Nov 30, 2016

Hanneken, Kevin v. Consolidated Nuclear Services, LLC

Mr. Kevin Hanneken, a 61-year-old machinist, sought workers' compensation for binaural hearing loss, claiming his employer, Consolidated Nuclear Services, LLC (CNS), was liable for an aggregate 14% permanent medical impairment, which included a pre-existing 5% impairment. The central legal issue was CNS's liability for this pre-existing condition, given that Mr. Hanneken had an ascertainable rating at the start of his employment. The court ruled that the 'last injurious injury' rule does not apply under the Workers' Compensation Reform Act of 2013 when a pre-existing impairment is readily ascertainable. Consequently, the court found CNS not liable for Mr. Hanneken's pre-existing 5% hearing loss. Mr. Hanneken was awarded nine percent permanent partial disability for the increase in hearing loss during his employment with CNS, amounting to $34,749.00 in benefits, along with medical treatment for his bilateral hearing loss.

Hearing LossOccupational Noise ExposurePre-existing ConditionLast Injurious Injury RuleTennessee Workers' Compensation Reform Act of 2013Permanent Partial DisabilityMedical ImpairmentCausationEmployer LiabilityMachinist
References
5
Case No. 2017-05-0721
Regular Panel Decision
Mar 22, 2018

Robertson, Beverly vs. Edwards Oil Of Lawrenceburg

Beverly Robertson filed a claim against Edwards Oil of Lawrenceburg and Accident Fund Gen. Ins. Co. An Expedited Hearing was held on March 20, 2018. During the hearing, Ms. Robertson's counsel acknowledged that no medical or temporary disability benefits were in dispute; instead, the employee sought a determination of her correct average weekly wage. The Court, citing Tennessee Code Annotated section 50-6-239(d)(1), found it could only conduct expedited hearings regarding temporary disability or medical benefits, which were not in dispute. Therefore, the Court denied Ms. Robertson's claim at this time and ordered her to file a Request for Scheduling Hearing or a valid Request for Expedited Hearing within thirty days.

Workers' CompensationExpedited HearingAverage Weekly WageClaim DenialProcedural RulingTennessee LawDisability BenefitsMedical BenefitsJurisdiction
References
1
Case No. 2014-08-0058
Regular Panel Decision
Aug 19, 2015

Marzette, Shelton v. Pat Salmon & Sons, Inc.

Shelton Marzette, a truck driver for Pat Salmon and Sons, Inc., filed for an expedited hearing after sustaining a hearing injury on July 31, 2014, while working in Denver, Colorado. He experienced a 'pop' in his ears, causing hearing loss and vertigo. His claim for medical and temporary disability benefits was denied by his employer based on Dr. Rucker's opinion that the injury was not work-related. The Court found the employer's provided panel of physicians defective because it lacked specialists for hearing injuries, thus invalidating Dr. Rucker's presumptive correctness. Consequently, the Court ordered Pat Salmon and Sons, Inc. to provide Mr. Marzette with a new panel of physicians specializing in hearing injuries to determine causation and period of disability.

Workers' CompensationHearing LossVertigoTruck DriverExpedited HearingMedical BenefitsCausationDefective Physician PanelAltitudeBarometric Pressure
References
1
Case No. 2025 NY Slip Op 05688
Regular Panel Decision
Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Sahara Construction Corp. challenged a determination by the New York City Office of Administrative Trials and Hearings (OATH) that upheld civil penalties and a restitution order for violations related to a home improvement project. The Appellate Division, Second Department, reviewed the CPLR article 78 proceeding. The court confirmed OATH's determination, finding that the imposed civil penalties of $5,000 and restitution of $230,266.63 were not disproportionate and fell within statutory guidelines. The Court also affirmed the denial of the petitioner's motions to dismiss and compel discovery, concluding they were not arbitrary and capricious. Consequently, the petition was denied, and the proceeding dismissed on the merits.

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons
References
7
Case No. 2019-06-0272
Regular Panel Decision
Jul 19, 2019

Ayala, Nilian v. Jani-King International, Inc, d/b/a CIX, LLC

This case came before the Court on Nilian Ayala’s request for an expedited hearing seeking medical and temporary disability benefits. The employer, Jani-King International, Inc., agreed to provide a panel of physicians for Ms. Ayala's hand, wrist, and elbow treatment. However, the Court could not grant temporary total disability benefits due to the lack of medical records from a physician taking her off work. Consequently, the evidentiary hearing did not proceed. The Court ordered the employer to provide the panel of physicians and scheduled a future scheduling hearing.

expedited hearingmedical benefitstemporary disabilitypanel of physiciansworkers' compensation claimsTennesseehand injurywrist injuryelbow injuryemployer responsibility
References
0
Case No. 04-12-00681-CV
Regular Panel Decision
Jul 24, 2013

the Texas State Office of Administrative Hearings v. Carol Birch, Charles Homer, Ann Landeros and Carol Wood

This is an interlocutory appeal concerning the denial of a plea to the jurisdiction filed by the Texas State Office of Administrative Hearings (SOAH) in a wrongful termination case. Former Administrative Law Judges (ALJs) Carol Birch, Charles Homer, Ann Landeros, and Carol Wood sued SOAH, alleging employment discrimination and retaliation under the Texas Commission on Human Rights Act (TCHRA) and common law wrongful termination. The SOAH appealed the trial court's denial of its pleas to the jurisdiction, arguing the ALJs failed to provide prima facie evidence for their claims, thus negating sovereign immunity waiver. The appellate court affirmed the denial of SOAH's plea for Wood's and Birch's age and gender discrimination claims, and Birch's retaliation claim for seeking accommodation due to sufficient evidence. However, the court reversed and rendered judgment dismissing all claims by Landeros and Homer, Wood's retaliation claim, Birch's disability discrimination claim, and Birch's retaliation claim related to speaking out against disparate treatment, due to insufficient evidence.

Employment DiscriminationRetaliationSovereign ImmunityPlea to the JurisdictionConstructive DischargeAdverse Employment ActionTexas Labor CodeTCHRAAdministrative Law Judges (ALJs)Age Discrimination
References
52
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