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

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. MISSING
Regular Panel Decision

Tennessee Downs, Inc. v. Gibbons

This case involves an appeal by William L. Gibbons, District Attorney General, against a decision by the Chancery Court of Shelby County. Plaintiff Tennessee Downs, Inc. sought a declaration under 42 U.S.C. § 1983 that pari-mutuel wagering on horse racing was legal in Tennessee and a permanent injunction against General Gibbons prosecuting them. The Chancery Court found it had jurisdiction under § 1983 and enjoined Gibbons from interfering with the plaintiff's liberty and property rights, stating that the need for a license was suspended. The appellate court reversed this decision, holding that 42 U.S.C. § 1983 does not bestow jurisdiction on Tennessee courts of equity to enjoin threatened criminal proceedings, and such jurisdiction remains fixed by state law, which prohibits equity courts from enjoining criminal law enforcement. Consequently, the case was dismissed, and the injunction dissolved.

Pari-mutuel wageringhorse racinganti-gambling statutes42 U.S.C. § 1983injunctive reliefchancery court jurisdictioncriminal prosecutionfederalismstate court jurisdictionproperty rights
References
15
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. M2006-02212-COA-R3-CV
Regular Panel Decision
Sep 24, 2008

Universal Outdoor, Inc. v. Tennessee Department of Transportation

This case concerns Universal Outdoor, Inc.'s challenge against the Tennessee Department of Transportation (TDOT) regarding the removal and relocation of a billboard. TDOT ordered the removal of a pre-existing billboard for highway expansion, and Universal Outdoor moved it to a new location within its leasehold. However, TDOT refused to renew the permit or issue a new one, citing non-compliance with the Tennessee Billboard Regulation and Control Act of 1972 due to the relocation of a non-conforming sign. The administrative law judge and the chancery court affirmed TDOT's decision. The Court of Appeals of Tennessee affirmed the chancery court's decision, ruling that the billboard's relocation nullified its 'grandfathered' status under the Billboard Act and its associated regulations, despite Universal Outdoor's arguments regarding municipal zoning laws and inverse condemnation. The court found TDOT's actions were consistent with federal and state statutes, and that Universal Outdoor had already been compensated for relocation costs, thus no unconstitutional taking occurred.

Billboard RegulationZoning LawNon-conforming UseAdministrative LawTakings ClauseInverse CondemnationProperty RightsHighway Beautification ActState Statute InterpretationAppellate Review
References
34
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. W2012-01173-COA-R3-CV
Regular Panel Decision
Feb 13, 2013

Celia Moody Rodgers and Sherry Moody Gonzalez, Sole Survivors of Joan Lois Moody v. GCA Services Group, Inc., and Weakley County Tennessee

The case involves an appeal concerning injuries sustained by a deceased employee due to mold exposure during her employment. Her heirs, Celia Moody Rodgers and Sherry Moody Gonzalez, filed common law tort claims against the employers, GCA Services Group, Inc. and Weakley County Tennessee, alleging intentional injury. The employers sought dismissal, asserting that the Tennessee Workers' Compensation Law provided the exclusive remedy. The trial court granted the dismissal, finding the tort claims barred. On appeal, the Court of Appeals of Tennessee affirmed the trial court's decision, reiterating that the intentional tort exception to the exclusive remedy provision requires 'actual intent' to injure, and mere gross negligence or knowing dangerous conditions are insufficient to overcome the workers' compensation exclusivity.

Workers' CompensationIntentional TortExclusive RemedyMotion to DismissAppellate ReviewActual IntentGross NegligenceEmployer LiabilityPremises LiabilityMold Exposure
References
24
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
Case No. M2003-00300-SC-WCM-CV
Regular Panel Decision
Mar 18, 2005

Drexel Wayne Long v. Mid-Tennessee Ford Truck Sales Inc.

This workers' compensation case addresses whether 'nursing services' under Tennessee law include care provided by an injured employee's spouse if the spouse is a certified nurse technician. The Supreme Court of Tennessee held that care provided by a certified nurse technician is compensable under the Workers' Compensation Law, regardless of the caregiver's relationship to the employee, provided it is reasonably necessary and pursuant to physician's orders. The court reversed the Special Workers' Compensation Appeals Panel's decision on this issue and remanded for a determination of the value of Mrs. Long's nursing services. The court affirmed the lower court's decisions regarding the employee's claims for temporary total disability, injury to the body as a whole, and the limitation of the award to 40% of the foot.

Workers' CompensationNursing ServicesCertified Nurse TechnicianSpousal CareMedical BenefitsHome Health CareImpairment RatingVocational DisabilityScheduled InjuryUnscheduled Injury
References
12
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