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Case Law Database

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

Case No. 2020-06-0646
Regular Panel Decision
May 28, 2021

Rowe, Tina v. Mitsubishi Motors North America, Inc.

The Tennessee Workers' Compensation Appeals Board affirmed the trial court's denial of the employer's motion for summary judgment. Employee Tina Rowe sustained injuries from a fall in a parking lot while on her way to retrieve a work-related headset from her car. The employer, Mitsubishi Motors North America, Inc., sought summary judgment, arguing the accident did not arise from or within the course and scope of employment. However, the Board found genuine issues of material fact regarding the accident's cause and its connection to employment. The decision also clarified that the "parking lot" rule from Lollar v. Wal-Mart Stores, Inc. remains applicable, rejecting the employer's assertion that it was no longer good law after the 2013 Workers' Compensation Reform Act. The case was remanded for further proceedings.

Workers' CompensationParking Lot InjurySummary JudgmentCausationScope of EmploymentArising Out of EmploymentInterlocutory AppealTennessee LawPrecedentMaterial Fact
References
13
Case No. 13-03-038-CV
Regular Panel Decision
Dec 16, 2004

Tina Bruno v. Trinity Universal Ins. Co. of Kansas

This workers' compensation case involved an appeal by Tina Bruno, individually and as natural guardian of Charles Bruno, deceased, and Jasime Bruno, a minor, against Trinity Universal Insurance Company of Kansas. The appellants contested the trial court's finding that Charles Bruno was not in the course and scope of his employment at the time of his death. They argued the evidence was legally and factually insufficient and that the trial court improperly shifted the burden of proof. The Court of Appeals, Thirteenth District of Texas, affirmed the trial court's judgment, concluding that there was sufficient evidence to support the finding regarding Charles Bruno's employment status at the time of the incident and that the burden of proof was not impermissibly shifted.

Workers' CompensationCourse of EmploymentScope of EmploymentDeath BenefitsLegal SufficiencyFactual SufficiencyBurden of ProofAppellate ReviewTexas LawInsurance Liability
References
0
Case No. 06-09-00031-CV
Regular Panel Decision
Apr 22, 2010

George D. Solomon and Wife, Jini Solomon v. Perry Steitler, D/B/A North East Texas Land & Timber, Larry Bullard, and Tina Bullard

This case involves an appeal by George D. Solomon and Jini Solomon (Appellants) against Perry Steitler, d/b/a North East Texas Land & Timber, Larry Bullard, and Tina Bullard (Appellees). The dispute originated when a lake constructed by the Solomons, with Steitler as the contractor, flooded a portion of the Bullards' adjoining property, destroying trees. The jury found the Solomons liable for violating the Texas Water Code, negligence, and gross negligence, awarding actual and exemplary damages to the Bullards. Additionally, the jury awarded damages to Steitler for the Solomons' breach of contract. On appeal, the Solomons challenged various aspects of the trial court's judgment, including punitive damages, loss of use damages, a directed verdict, a juror challenge, appellate attorney's fees, and a permanent injunction. The Court of Appeals affirmed the trial court's judgment on all points, with a modification to explicitly condition the award of appellate attorney's fees on a successful appeal.

Property DisputeWater RightsFlooding DamageNegligenceGross NegligenceExemplary DamagesPunitive DamagesBreach of ContractDirected VerdictAppellate Attorneys' Fees
References
46
Case No. 09-05-231 CV
Regular Panel Decision
May 25, 2006

Joseph Richards v. American National Property and Casualty Company, Joanie Cummins, Dewey L. Vines, Tina M. Vines, Brenda Vines and Christus Health Southeast Texas D/B/A Christus St. Elizabeth Hospital

Joseph Richards (Appellant) filed a petition for declaratory relief against American National Property and Casualty Company (ANPAC), Joanie Cummins, Dewey L. Vines, Tina M. Vines, Brenda Vines, and Christus Health Southeast Texas d/b/a Christus St. Elizabeth Hospital (Appellees). Richards sought a determination regarding the defendants' alleged violation of a settlement release agreement by issuing a separate draft payable to him and St. Elizabeth Hospital. The dispute arose from an automobile accident where Richards incurred medical expenses at St. Elizabeth, and ANPAC issued two checks, one to Richards and his attorney, and another to Richards and St. Elizabeth, after being informed of a hospital lien. The trial court granted summary judgment motions in favor of the defendants, which Richards appealed. The Court of Appeals affirmed the trial court's judgment, finding ANPAC acted reasonably and the hospital lien was valid.

Settlement AgreementHospital Lien LawTexas Property CodeSummary JudgmentDeclaratory ReliefBreach of ContractMotion for ContinuanceMotion for New TrialAutomobile AccidentMedical Expenses
References
14
Case No. M2002-01365-COA-R3-CV
Regular Panel Decision
Jul 31, 2003

Tina Gray v. Glen Gray

This case, an appeal from the Circuit Court for Rutherford County, concerns a divorce decree where the trial court classified the husband's auto salvage business as his separate property and divided marital assets. The appellant wife contended that the trial court erred by not considering the auto salvage business to be marital property and by ordering an inequitable property division. The Court of Appeals of Tennessee affirmed the trial court's decision, finding no error in the classification of the business as separate property under Tenn. Code Ann. § 36-4-121(b)(2). The appellate court further determined that the property division was equitable, considering factors such as the husband's health, reduced earning capacity, and the precarious state of the business. The judgment of the Circuit Court was affirmed and the cause remanded for further proceedings consistent with this opinion.

DivorceMarital PropertySeparate PropertyProperty DivisionAlimonyAppellate ReviewEquitable DistributionFamily LawAuto Salvage BusinessSpousal Support
References
0
Case No. 2016-08-0500
Regular Panel Decision
Sep 29, 2017

Hayes, Tina v. COSTCO

Tina Hayes, a cashier at Costco, sought workers' compensation benefits for a left knee injury sustained on April 8, 2015, while working as a stocker, which led to a total left knee replacement. The central issue was whether her injury arose primarily out of and in the course and scope of her employment. The authorized treating physician, Dr. Giel, opined that the knee replacement was not necessitated by the April 8, 2015 work incident and was mainly due to pre-existing osteoarthritis. Although Dr. Dalal, an independent medical examiner, linked the injury to the knee replacement, the Court found his testimony insufficient to meet statutory causation standards and to rebut the presumption of correctness given to Dr. Giel's opinion. Consequently, the Court denied Ms. Hayes' claim, concluding she failed to prove a compensable injury.

Knee InjuryOsteoarthritisCausationMedical OpinionBurden of ProofWorkers' Compensation BenefitsCompensabilityAggravation of Pre-existing ConditionIndependent Medical EvaluationTreating Physician Presumption
References
5
Case No. 2019-02-0313
Regular Panel Decision
May 28, 2020

Lemons, Tina v. Elwood Staffing Services, Inc.

Tina Lemons, an employee of Elwood Staffing Services, Inc., filed a claim alleging a hand injury sustained due to a job change requiring awkward hand use. She sought temporary disability and medical benefits, which were denied by the employer and its carrier, Zurich American Insurance Company. The core of the dispute revolved around the work-relatedness of her injury, with conflicting medical opinions presented. Dr. Bruce Berry, whose opinion was presumed correct, stated the injury was not work-related. Although orthopedic surgeon Dr. Billy Parsley later opined the injury was "likely related," the court found this insufficient to overcome the presumption given to Dr. Berry's assessment, leading to the denial of Ms. Lemons's request for benefits.

Hand InjuryTrigger FingerCausationMedical BenefitsTemporary DisabilityPresumption of CorrectnessExpedited HearingWork-Related InjuryPhysician PanelOrthopedic Surgery
References
2
Case No. 2019-02-0313
Regular Panel Decision
Jan 21, 2021

Lemons, Tina v. Ellwood Staffing Services, Inc.

This case involves Tina Lemons, an employee, seeking workers' compensation benefits for a right-hand injury reported on February 16, 2019. The case came before the Court on Elwood Staffing Services's Motion for Summary Judgment. Previously, the Court twice denied Ms. Lemons's request for benefits, finding her medical proof did not establish that her injury primarily arose out of and in the course and scope of employment. Elwood argued that the undisputed material facts proved Ms. Lemons's alleged injury did not primarily arise from her work. The Court found that Ms. Lemons received the motion for summary judgment but failed to respond, leaving it unopposed. Based on the medical evidence, which showed her injury was not primarily work-related, the Court granted summary judgment to Elwood, dismissing Ms. Lemons's claim with prejudice.

Workers' Compensation ClaimSummary JudgmentCausationWork-Related InjuryMedical EvidenceExpedited HearingDismissal with PrejudiceUncontroverted MotionTennessee LawAppellate Procedure
References
0
Case No. ADJ7630224
Regular
Nov 29, 2012

TINA SPERBER vs. LAW OFFICES OF LISA M. PACIONE

This case involves Tina Sperber's workers' compensation claim against her employer, Law Offices of Lisa M. Pacione. The applicant, a legal assistant, sustained an injury while investigating a property related to a case, claiming implied authorization. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant was not a credible witness regarding her authority. The Board agreed that the applicant lacked permission for the investigation and that the information gathered provided no benefit to the defendant.

Workers' Compensation Appeals BoardDenying ReconsiderationLegal AssistantLaw OfficesInvestigationImplied AuthorizationCredibilityBenefit to DefendantFamily Law ProceedingsAdministrative Law Judge
References
2
Case No. ADJ3179043
Regular
Nov 12, 2008

TINA PERRY vs. LYONS OF CALIFORNIA, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tina Perry's petition for reconsideration. The Board upheld the Administrative Law Judge's finding that Perry sustained an industrial injury only to her neck and upper extremities, not her lower body. This decision was based on the independent medical examiner's opinion, which the Board found to be substantial evidence despite applicant's contrary contentions.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryWaitressNeck InjuryUpper ExtremitiesLow Back InjuryHips InjuryKnees Injury
References
9
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