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

Case No. M2010-01955-COA-R3-CV
Regular Panel Decision
Jun 28, 2011

State of Tennessee, by and through Robert E. Cooper, Jr., Attorney General and Reporter for the State of Tennessee v. NV Sumatra Tobacco Trading Company

This case involves the State of Tennessee suing NV Sumatra Tobacco Trading Company, a foreign tobacco product manufacturer, for failing to make required escrow deposits under the Tobacco Escrow Fund Act. The trial court initially granted summary judgment to Sumatra due to a lack of personal jurisdiction. On appeal, the Court of Appeals of Tennessee reversed, concluding that Sumatra had sufficient minimum contacts with the state through its intentional nationwide distribution system. The court found that Sumatra purposefully availed itself of the Tennessee market and that exercising personal jurisdiction was fair and reasonable. Additionally, the appellate court upheld the constitutionality of the Escrow Fund Act against Sumatra's affirmative defenses, remanding the case for the calculation of escrow funds owed by Sumatra.

Personal JurisdictionTobacco Escrow Fund ActMinimum ContactsStream of CommerceForeign CorporationSummary JudgmentAppellate ReviewDue ProcessEqual ProtectionState Statutes
References
133
Case No. M2003-00585-COA-R3-CV
Regular Panel Decision
Feb 25, 2004

Crew One Productions, Inc. v. State of Tennessee

The State of Tennessee appealed a Claims Commission decision that found Crew One Productions, Inc. was exempt from state employment tax under a federal safe harbor provision, Section 530. The Court of Appeals reversed, ruling that Tennessee's Employment Security Law, though to be construed in pari materia with federal law, does not mandate the adoption of every federal relief provision, especially those not codified as part of the Internal Revenue Code. The court concluded that Tennessee is not bound by federal Section 530 determinations and reinstated the Department of Labor and Workforce Development's assessment of employment taxes against Crew One.

Employment TaxIndependent ContractorEmployee ClassificationFederal Safe HarborSection 530Statutory InterpretationState Employment LawTennesseeTax LiabilityAppellate Review
References
34
Case No. T20140324, T20140325, M2017-01114-COA-R3-CV
Regular Panel Decision
Feb 28, 2018

Angela Stevens v. State of Tennessee

Angela Stevens and her daughter Lanesia were injured in an automobile accident with a state employee. They filed a claim with the Claims Commission and were awarded damages for medical expenses, vehicle loss, and pain and suffering. The State of Tennessee appealed the award, contending that the collateral source rule, which prevents defendants from using discounted medical expense rates to reduce liability, was abrogated by Tennessee Code Annotated section 9-8-307(d). The Court of Appeals, referencing its recent decision in Estate of Tolbert v. State of Tennessee and the Supreme Court's ruling in Dedmon v. Steelman, affirmed the Claims Commission's decision, holding that the collateral source rule was not abrogated by the statute for personal injury actions before the Claims Commission. The court emphasized that 'actual damages' are synonymous with 'compensatory damages' and there was no clear legislative intent to deviate from this common law meaning.

Collateral Source RuleActual DamagesCompensatory DamagesState LiabilityPersonal InjuryAutomobile AccidentMedical ExpensesClaims Commission ActStatutory InterpretationCommon Law
References
16
Case No. M2017-00862-COA-R3-CV, T20140069, T20140070
Regular Panel Decision
Feb 28, 2018

In Re Estate of Sylvia Marene Tolbert v. State ot Tennessee

Claimants Sylvia Marlene Tolbert and Alvin Wayne Tindell asserted monetary claims against the State of Tennessee for personal injuries and property damage resulting from an automobile accident with a state employee. The Tennessee Claims Commission found the State liable and awarded compensatory damages based on the claimants’ unadjusted medical bills. The State appealed, arguing that the Claims Commission erred by not considering insurance adjustments to medical bills. The Court of Appeals affirmed the decision, holding that the collateral source rule precludes the introduction of evidence of insurance adjustments and that the term 'actual damages' in the Tennessee Claims Commission Act is synonymous with 'compensatory damages', thus not abrogating the common law collateral source rule. Therefore, the unadjusted medical bills were properly used to calculate damages.

Collateral Source RuleMedical Expenses DamagesInsurance AdjustmentsTennessee Claims Commission ActPersonal InjuryAutomobile AccidentState Employee LiabilityCompensatory DamagesActual DamagesStatutory Abrogation
References
19
Case No. M2023-00812-COA-R3-CV
Regular Panel Decision
Aug 26, 2024

Stephanie Garner v. State of Tennessee, and its agency, Tennessee Department of Correction

Plaintiff Stephanie Garner sued the State of Tennessee and its agency, the Tennessee Department of Correction, alleging disability discrimination for refusal to hire. A jury found in Garner's favor, awarding $10,000 for lost wages and $5,000 in compensatory damages. Garner's counsel then sought nearly $700,000 in attorney fees, which the trial court reduced by 25% to $511,620. The Department appealed the fee award, arguing it was excessive and based on an incorrect legal standard. The Court of Appeals vacated the attorney fee award and remanded the case, citing the trial court's failure to provide clear and thorough explanations for its decision based on the factors outlined in Tennessee Supreme Court Rule 8, RPC 1.5.

Disability DiscriminationAttorney FeesAppellate ReviewJudicial DiscretionTennessee Disability ActRule of Professional Conduct 1.5Excessive BillingVacate and RemandProportionality ArgumentLegal Standards
References
68
Case No. Tennessee Claims Commission No. 200057; Appeal No. 01A01-9901-BC-00018
Regular Panel Decision
Oct 12, 1999

Sinclair v. State of TN

Daniel L. Sinclair, a former Associate Director for Facilities Maintenance at Middle Tennessee State University (MTSU), appealed the dismissal of his whistleblower claim against the State of Tennessee. Sinclair alleged he was terminated in 1993 for reporting safety violations by his supervisor regarding asbestos removal, subsequently filing a claim under Tennessee's whistleblower statute (Tennessee Code Annotated § 50-1-304). The Tennessee Claims Commission initially dismissed the whistleblower claim for lack of subject matter jurisdiction, reasoning that the statute did not explicitly apply to the State and citing the doctrine of sovereign immunity, which protects the State from suit without express legislative authorization. Although the whistleblower statute was amended in 1997 to include state employees within its definition of 'employers,' both the Claims Commission and the Court of Appeals held that this amendment was not retroactive. The appellate court affirmed the dismissal, concluding that the whistleblower statute, as it existed at the time of Sinclair's termination, was not intended to apply to the State, and the subsequent 1997 amendment could not be applied retroactively as it would disturb vested rights, thereby upholding the lack of subject matter jurisdiction.

Whistleblower protectionRetaliatory dischargeSubject matter jurisdictionSovereign immunityStatutory constructionRetroactive application of lawState employer liabilityTennessee Court of AppealsAsbestos safety violationsClaims Commission
References
6
Case No. M2013-00885-COA-R3-CV
Regular Panel Decision
Dec 14, 2015

Valley Forge Insurance Company v. State of Tennessee

This case addresses whether certain Pennsylvania workers’ compensation assessments trigger Tennessee’s retaliatory tax statute against Pennsylvania insurance companies operating in Tennessee. Five groups of Pennsylvania-domiciled insurance companies sought refunds of over $16 million in retaliatory taxes paid under protest. The Tennessee Claims Commission and the Court of Appeals upheld the State's imposition of these taxes. However, the Tennessee Supreme Court reversed, ruling that recent Pennsylvania statutory amendments (71 Pa. Cons.Stat. Ann. § 578) and administrative regulations shifted the direct financial burden of these assessments from insurance companies to employer-policyholders. The Court concluded that the insurance companies' role is merely administrative, involving the collection and remittance of payments, which does not constitute a direct financial burden sufficient to activate Tennessee's retaliatory tax law. Therefore, the retaliatory taxes were improperly imposed.

Retaliatory TaxInsurance LawWorkers' Compensation AssessmentsStatutory InterpretationPennsylvania LawTennessee LawTax RefundsAppellate ReviewLegislative IntentAdministrative Regulations
References
29
Case No. M2013-00874-COA-R3-CV
Regular Panel Decision
Jul 31, 2014

Northern Insurance Company of NY v. State of Tennessee

Claimant insurance companies challenged the State of Tennessee's calculation of the retaliatory tax, seeking refunds for payments made under protest to the Tennessee Claims Commission. The claimants argued that certain New York workers' compensation surcharges should not be included in the retaliatory tax calculation as New York law required them to be passed on to policyholders. The Claims Commission ruled in favor of the state, prompting the claimants to appeal. The Court of Appeals found that four of the disputed charges should be included in the retaliatory tax calculation, while two should not. Additionally, the court rejected all constitutional challenges raised by the claimants, including arguments related to due process, the Uniform Administrative Procedures Act (UAPA), Full Faith and Credit, Equal Protection, the Commerce Clause, and the Uniformity Clause.

Retaliatory TaxInsurance LawState TaxationConstitutional LawDue ProcessEqual ProtectionFull Faith and CreditCommerce ClauseUniformity ClauseTax Refunds
References
16
Case No. M2013-00904-COA-R3-CV
Regular Panel Decision
Jul 31, 2014

Old Republic Insurance Company v. State of Tennessee

Five Pennsylvania-domiciled insurance companies challenged Tennessee's imposition of retaliatory insurance premium taxes. The core issue was whether Pennsylvania's surcharges for three Workmen's Compensation funds (Administration, Subsequent Injury, and Supersedeas) applied to Tennessee-domiciled insurers in Pennsylvania, thereby triggering Tennessee's retaliatory tax statute. The Tennessee Claims Commission ruled for the state, which was affirmed by the Court of Appeals. The court found that Pennsylvania law indeed imposes these surcharges on insurers, creating a heavier burden on Tennessee companies and justifying the retaliatory tax. The court also rejected arguments concerning due process, the Uniform Administrative Procedures Act, Full Faith and Credit, Equal Protection, Commerce Clause, and Uniformity Clause violations.

Retaliatory TaxInsurance Premium TaxWorkers' Compensation FundsStatutory InterpretationInterstate CommerceConstitutional LawState Tax LawInsurance RegulationTax RefundsImplied Repeal Doctrine
References
33
Case No. E2012-01711-COA-R3-CV
Regular Panel Decision
Jul 03, 2013

Lisa Womble v. State of Tennessee

Lisa Womble, a nurse whose employment at the University of Tennessee Regional Memorial Medical Center was terminated, appealed the Tennessee Claims Commission's dismissal of her complaint against the State of Tennessee. Womble alleged breach of contract and negligent deprivation of her property right as a career state employee. Both the Claims Commission and the Court of Appeals concluded that there was no subject matter jurisdiction for Womble's claims, as she lacked an express written contract with the State and claims for negligent deprivation of constitutional or civil service statutory rights were outside the Commission's authority. The Court of Appeals affirmed the lower court's dismissal, also rejecting Womble's argument that she had enforceable third-party beneficiary rights under the Employee Services Agreement.

Employment LawPublic Sector EmploymentGovernmental ImmunityContractual DisputesProcedural Due ProcessConstitutional LawState Claims CommissionAppellate JurisprudenceStatutory InterpretationThird-Party Contracts
References
29
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