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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

Claim of Neal v. Blue Circle Cement

The claimant, a laborer, suffered a compensable back injury in November 1998 and returned to work after eight months. In January 2002, he sustained another back injury. A Workers’ Compensation Law Judge determined that the January 2002 injury was an aggravation of the prior 1998 injury, assigned disability levels from January 2002 to April 2003, and found no compensable lost time thereafter. The Workers’ Compensation Board affirmed this decision. The Appellate Division found substantial evidence, including medical testimony and MRI comparisons, to support the Board’s determination regarding the aggravation of the injury and the disability levels. The court also upheld the Board's prerogative to resolve conflicting medical evidence and make credibility determinations, particularly in light of evidence that the claimant exaggerated his symptoms.

Workers' CompensationBack InjuryAggravation of InjuryDisability LevelsMedical EvidenceCredibility AssessmentEmployer LiabilityJudicial ReviewAppellate DivisionAdministrative Law
References
4
Case No. E2013-00394-CCA-R3-DD
Regular Panel Decision

State of Tennessee v. Lemaricus Devall Davidson

Lemaricus Devall Davidson appealed his convictions for first-degree murder, especially aggravated robbery, especially aggravated kidnapping, aggravated rape, and facilitation of aggravated rape, along with two death sentences. The Supreme Court of Tennessee reviewed several claims of error, including the admission of evidence obtained during house searches, the defendant's statement to law enforcement, spectator buttons, post-mortem photographs, the jury's review of video evidence during deliberations, and expert testimony on ballistics and fingerprints. The Court affirmed Davidson's convictions and death sentences, concluding that the trial court did not err in admitting evidence, that the sentences were not arbitrary, and that the aggravating circumstances outweighed the mitigating factors. It also vacated the Court of Criminal Appeals' remand to the trial court for corrections to the judgment documents.

Capital PunishmentFirst Degree MurderAggravated RapeEspecially Aggravated RobberyEspecially Aggravated KidnappingDNA EvidenceFingerprint AnalysisBallisticsSearch Warrant ValidityMiranda Rights
References
268
Case No. 926 S.W.2d 727 (1994)
Regular Panel Decision
May 23, 1994

State v. Keen

David M. Keen pled guilty to first-degree murder and aggravated rape of an 8-year-old girl. A jury sentenced him to death, finding multiple aggravating circumstances, including the victim's age, heinousness, and the murder occurring during rape. Keen appealed, raising 17 issues, primarily concerning jury instructions on mitigating circumstances and the death penalty statute. The Supreme Court of Tennessee found errors in the jury instructions regarding the weighing of aggravating and mitigating circumstances and the definition of 'heinous, atrocious, or cruel' aggravating circumstance. Consequently, the Court affirmed the conviction but remanded the case for a new sentencing hearing.

Capital PunishmentDeath PenaltySentencing ErrorJury InstructionsAggravating CircumstancesMitigating CircumstancesFelony MurderRapeChild VictimAutopsy
References
45
Case No. MISSING
Regular Panel Decision
Dec 02, 1986

Firestein v. Kingsbrook Jewish Medical Center

Helene Firestein, an employee of Kingsbrook Jewish Medical Center, suffered a work-related hip injury. While hospitalized at Kingsbrook, she sustained an aggravation of her injury due to alleged negligence by a coemployee, Scott. Firestein received workers' compensation benefits for both the initial injury and its aggravation. She then commenced a common-law action against Kingsbrook and Scott for damages from the aggravation. The court determined that her application for and acceptance of workers' compensation benefits do not preclude her from bringing a separate common-law action, as the aggravation of the injury did not arise out of and in the course of her employment, and any recovery would be subject to a workers’ compensation lien. The court affirmed the lower court's denial of motions to dismiss based on the exclusivity of workers' compensation.

Workers' Compensation LawCoemployee NegligenceAggravated InjuryDual Capacity DoctrineExclusivity ProvisionCommon Law ActionMedical MalpracticeEmployer LiabilityThird-Party TortfeasorWorkers' Compensation Lien
References
12
Case No. MISSING
Regular Panel Decision

Cooper v. St. Paul Fire & Marine Insurance Co.

Yvonne Cooper suffered a work-related back injury in 1994, followed by an aggravation in 1996. The Texas Workers' Compensation Commission and its appeals panel found the aggravation to be a new injury, granting Cooper benefits. St. Paul Fire and Marine Insurance Co., the insurer, challenged this in district court, arguing that the Texas Workers' Compensation Act's definition of "injury" did not include the aggravation of a pre-existing condition, and successfully obtained a summary judgment. However, the appellate court reversed this decision, holding that based on the plain language of the statute and its historical interpretation, an "injury" as defined by the Act does encompass the aggravation of pre-existing conditions or injuries. The court also affirmed the trial court's jurisdiction over the matter.

Workers' CompensationAggravated InjuryStatutory InterpretationJurisdictionAdministrative RemediesPre-existing ConditionsTexas Labor CodeSummary JudgmentAppellate ReviewBack Injury
References
9
Case No. E1999-00438-CCA-R3-CD
Regular Panel Decision
Jun 28, 2002

State of Tennessee v. Thomas Dee Huskey

Thomas Dee Huskey appealed convictions for aggravated rape, rape, aggravated robbery, robbery, and kidnapping across four victims. The Court of Criminal Appeals of Tennessee affirmed convictions in part and reversed in part. The court reversed judgments for three aggravated rape convictions and one especially aggravated kidnapping conviction related to victim D.C. due to improper consolidation, finding the offenses against D.C. were committed differently than the others. The remaining convictions for victims A.D. and G.T. were affirmed, resulting in an adjusted effective sentence of forty-four years in the Department of Correction. The court addressed numerous other issues including speedy trial, unlawful arrest, discovery, and prosecutorial misconduct, generally finding no reversible error.

Criminal LawAppellate ReviewConviction ReversalJudicial DiscretionPretrial PublicityJury SelectionWitness CredibilityEvidentiary RulesSentencing EnhancementConstitutional Rights
References
152
Case No. 08-24-00146-CR
Regular Panel Decision
Sep 23, 2025

Eduardo Santillana Garza v. the State of Texas

Eduardo Santillana Garza was convicted of capital murder and aggravated robbery following a jury trial in El Paso County, Texas. He received a life sentence without parole for capital murder and 40 years for aggravated robbery, to run concurrently. The capital murder conviction stemmed from the shooting death of Miguel Rivera, Sr. during the course of a burglary or aggravated robbery, and the aggravated robbery conviction from shooting Abelardo Moreno during a theft. On appeal, Garza argued the trial court erred by denying his request for a lesser-included instruction on burglary offenses. The Court of Appeals found no error, concluding that any separate burglary Garza may have committed on a different date was not an "included" offense of the capital murder charge as alleged in the indictment. The court affirmed the trial court's judgment.

Criminal LawCapital MurderAggravated RobberyLesser-Included OffenseAppellate ReviewJury TrialEvidence SufficiencyTexas Penal CodeBurglary of HabitationBurglary of Building
References
13
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. ADJ671568 (VNO 0519723)
Regular
Jun 05, 2009

KAREN REFF vs. UNION OF AMERICAN HEBREW CONGREGATION, MEADOWBROOK INSURANCE COMPANY, GALLAGHER BASSETT

This case involves an applicant claiming her industrial pneumonia aggravated a pre-existing common variable immunodeficiency (CVID), necessitating ongoing immunoglobulin treatment. The defendant disputes that the pneumonia aggravated the CVID or that the treatment is causally related to the industrial injury. The Agreed Medical Evaluator could not definitively opine on CVID aggravation without reviewing later medical records. Consequently, the Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further medical development and a new decision.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryPneumoniaCommon Variable Immunodeficiency (CVID)Immunoglobulin Replacement TreatmentsAggravationAgreed Medical Evaluator (AME)Further Development of Record
References
10
Case No. M1998-00105-CCA-R3-CD
Regular Panel Decision
Oct 20, 2003

State v. Davidson

The defendant, Jerry Ray Davidson, was convicted of premeditated murder and aggravated kidnapping and sentenced to death. The Supreme Court of Tennessee reviewed the case after the Court of Criminal Appeals affirmed the convictions and sentences. The Court addressed issues including denial of motions for change of venue and additional peremptory challenges, sufficiency of evidence for premeditated murder and aggravated kidnapping, admissibility of Darla Harvey's testimony, and the jury verdict form regarding aggravating circumstances. The Supreme Court affirmed the judgment, finding no reversible error and concluding that the death sentence was not arbitrarily imposed or disproportionate.

Criminal LawMurderAggravated KidnappingDeath PenaltyPremeditationSufficiency of EvidenceChange of VenueJury SelectionWitness TestimonyLay Opinion
References
61
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