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

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. E2003-01685-COA-R3-CV
Regular Panel Decision
May 26, 2004

Randall C. Hagy v. Commisssioner, Tennessee Department of Labor and Workforce Development and Tennessee Distribution, Inc.

Randall C. Hagy was discharged from his employment with Tennessee Distribution, Inc. after refusing to handle materials he deemed offensive to his religious beliefs. The Commissioner of the Tennessee Department of Labor and Workforce Development denied Hagy unemployment benefits, a decision subsequently affirmed by the Chancery Court for Sullivan County. Hagy appealed to the Court of Appeals of Tennessee, raising issues concerning the evidentiary support for the decision, alleged procedural violations of his right to a jury trial, and violations of his constitutional rights, including freedom of religion. The Court of Appeals affirmed the trial court's decision, finding substantial and material evidence supported the Board's conclusion that Hagy was discharged for misconduct due to his refusal to perform job duties. The court also determined that the unemployment compensation law was a neutral and generally applicable law, thus not violating Hagy's free exercise of religion, and declined to address the jury trial issue as it was not raised in the lower court.

Unemployment CompensationReligious DiscriminationEmployee MisconductRefusal to WorkFreedom of ReligionAppellate ReviewSubstantial EvidenceAdministrative LawChancery CourtCourt of Appeals
References
9
Case No. M2013-01235-COA-R3-CV
Regular Panel Decision
Jul 07, 2014

Kimberly A. Sparkman v. Burns Phillips, Commissioner, Tennessee Department of Labor And Workforce Development, and First Tennessee Bank, N. A.

This appeal concerns the denial of unemployment compensation benefits to Kimberly A. Sparkman. She was terminated from her employment at First Tennessee Bank, N.A., for refusing an alcohol test after her supervisors detected alcohol on her. Sparkman had previously been warned that refusal to take such a test would result in termination. The Tennessee Department of Labor and Workforce Development, the Appeals Tribunal, the Board of Review, and the Chancery Court all found her refusal to constitute work-related misconduct, thereby disqualifying her from benefits. The Court of Appeals of Tennessee affirmed the lower court's decision, holding that the smell of alcohol provided a reasonable basis for the test request and that her refusal, despite prior warning, was work-related misconduct under state law.

unemployment benefitsworkplace misconductalcohol testingrefusal to testemployment terminationjudicial reviewadministrative decisionTennessee lawappellate reviewreasonable suspicion
References
13
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. No. 85209 / Appeal No. 01A01-9804-BC-00196
Regular Panel Decision
Sep 14, 1998

Scott Graham Hartman, Kay Hartment, his mother and duly qualified conservator and guardian, and Cleon Hartman v. The University of Tennessee, and The State of Tennessee

This case involves an appeal from the Tennessee Claims Commission concerning a student athlete who sustained a catastrophic injury during a track and field competition. Scott Graham Hartman, Kay Hartman, and Cleon Hartman, the claimants/appellants, sought to recover medical expenses and damages for negligence from The University of Tennessee and The State of Tennessee. The University had a scholarship contract obligating it to provide treatment, and various insurers paid significant medical costs. Appellants argued for subrogation rights on behalf of the insurers, despite the insurers not being parties to the lawsuit, and challenged the Commission's denial of their claim. The Court of Appeals affirmed the Commission's decision, finding no legal basis for the appellants to claim expenses they had not paid, nor for their subrogation arguments without the insurers being proper parties. A subsequent petition for rehearing was also denied.

Student athlete injuryCatastrophic injuryScholarship contractSubrogation rightsInsurance reimbursementMedical expensesTennessee Claims CommissionAppellate reviewReal party in interestNegligence claim
References
4
Case No. M2013-00898-COA-R3-CV
Regular Panel Decision
Jul 31, 2014

American Casualty Company of Reading, Pennsylvania v. State of Tennessee

This case addresses an appeal by American Casualty Company of Reading, Pennsylvania, and other Pennsylvania-domiciled insurance companies, challenging retaliatory insurance premium taxes imposed by the Tennessee Department of Commerce and Insurance. The core issue revolves around whether Pennsylvania's surcharges for three specific Workers' Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania, thereby triggering Tennessee's retaliatory tax statute. The Tennessee Claims Commission ruled in favor of the State, and the insurance companies appealed. The Court of Appeals of Tennessee affirmed the Claims Commission's decision, concluding that the Pennsylvania surcharges constitute a burden on insurance companies and that the imposition of Tennessee's retaliatory tax is constitutional and proper, rejecting arguments related to due process, UAPA, Full Faith and Credit, Equal Protection, Commerce Clause, and Uniformity Clause.

Retaliatory TaxInsurance Premium TaxPennsylvania Workers' CompensationTennessee LawStatutory InterpretationInterstate CommerceDue ProcessUniform Administrative Procedures ActFull Faith and CreditEqual Protection Clause
References
24
Case No. M2013-00897-COA-R3-CV
Regular Panel Decision
Jul 31, 2014

Valley Forge Insurance Company v. State of Tennessee

This case concerns Valley Forge Insurance Company's appeal against the State of Tennessee regarding the imposition of retaliatory insurance premium taxes. Valley Forge, along with other Pennsylvania-domiciled insurance companies, challenged these taxes, arguing that Pennsylvania's surcharges for three Workmen's Compensation funds are not imposed on Tennessee-domiciled insurance companies. The Tennessee Claims Commission ruled in favor of the state, a decision which the Court of Appeals of Tennessee affirmed. The core issue revolves around whether certain Pennsylvania workers' compensation surcharges fall under Tennessee's retaliatory insurance premium tax statute. The court found that the surcharges are indeed imposed on insurance companies, not policyholders, and upheld the application of the retaliatory tax, rejecting arguments of due process, UAPA, full faith and credit, equal protection, and commerce clause violations.

Insurance Premium TaxRetaliatory TaxWorkers' Compensation SurchargesPennsylvania LawStatutory InterpretationEqual Protection ClauseFull Faith and Credit ClauseCommerce ClauseDue ProcessSummary Judgment
References
24
Case No. MISSING
Regular Panel Decision

Stinson v. Tennessee Department of Mental Health & Mental Retardation

Plaintiff Velda Joyce Stinson, a highly qualified health professional, sued the Middle Tennessee Mental Health Institute (MTMHI), the Tennessee Department of Mental Health and Mental Retardation (TDMHMR), and two individual officials for sex discrimination and retaliation under Title VII. Stinson alleged she was denied a suitable position, given an unapproved job title, subjected to discriminatory treatment, demoted, and eventually had her position abolished after inquiring about pay inequities based on sex and filing an EEOC complaint. The court found that Stinson was treated less favorably than male counterparts, experienced significant retaliation, and that the defendants' justifications for their actions were pretexts. The court granted Stinson relief, ordering her reinstatement to a properly classified Assistant Superintendent position, awarding $9,756.00 in lost wages with prejudgment interest, and mandating attorneys' fees.

Sex DiscriminationRetaliationEmployment LawTitle VIIDemotionLost WagesReinstatementDiscriminatory PracticesPay InequityWorkplace Harassment
References
29
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. 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
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