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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

Harlan v. Harlan

This case involves a divorce proceeding focusing on temporary maintenance and the potential sale of the marital residence. The husband sought to fix temporary maintenance and compel the sale of their expensive home, citing financial strain. The wife, having recently retired, cross-moved for an upward deviation in maintenance and for the husband to cover household carrying charges. The court declined to order the immediate sale of the marital residence, adhering to the *Kahn v Kahn* precedent, despite acknowledging the financial impracticality. After assessing incomes and various statutory deviation factors, the court granted the wife an upward deviation, ordering the husband to pay $5,000 per month in temporary maintenance and awarded her $5,000 in legal fees.

Temporary MaintenanceDivorce LawMarital ResidencePendente Lite SaleIncome ImputationDeviation FactorsDomestic Relations LawSpousal SupportEquitable DistributionHigh Asset Divorce
References
30
Case No. M2003-00629-COA-R3-JV
Regular Panel Decision
Oct 15, 2004

Linda C. Gorrell v. Tyree B. Harris, IV

This is a child support modification appeal where Linda C. Gorrell sought to modify a settlement agreement with Tyree B. Harris, IV. The Court of Appeals affirmed that the private agreement was void as against public policy, modifying the trial court's decision. It ruled that child support, both prospective and retroactive, must conform to Tennessee Child Support Guidelines, reversing the trial court on retroactive support calculation. The court also mandated an upward deviation for prospective support due to the father's lack of visitation, despite the mother's antagonistic conduct, but denied retroactive upward deviation. The case was remanded for recalculation and determination of attorney fees.

Child SupportModificationPaternitySettlement AgreementVoid ContractPublic PolicyTennessee Child Support GuidelinesRetroactive SupportProspective SupportUpward Deviation
References
29
Case No. MISSING
Regular Panel Decision

Jan S. v. Leonard S.

This case concerns an ex-wife's motion for an upward modification of her $100 weekly lifetime alimony, established in a 1974 divorce decree, from her wealthy ex-husband. Despite suffering from mental illness, poverty, and homelessness, a Special Referee recommended denying her request. The court, presided over by Justice Matthew F. Cooper, confirmed the Referee's report, finding no substantial or unforeseen change in circumstances. The court ruled that her status as a "public charge" and the effects of inflation were not new developments justifying an increase, emphasizing that the ex-husband is not solely responsible for her continued difficulties. The ex-wife's motion for increased alimony and attorney's fees was denied, with the original alimony amount maintained.

DivorceAlimonySpousal SupportUpward ModificationChange in CircumstancesSpecial Referee ReportPublic ChargeMental IllnessHomelessnessInflation
References
27
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
Case No. 03A01-9811-CV-00374
Regular Panel Decision
Jun 25, 1999

Howard v. Howard

The father appealed the trial court's order setting child support, finding him in contempt for unpaid medical bills and late support, and awarding attorney's fees to the mother. The appellate court affirmed the trial court's decision, including its refusal to deduct a business loss from the father's income due to insufficient proof of reasonable expenses. The court also upheld the upward deviation in child support based on the father's lack of visitation. Additionally, the finding of contempt and the award of attorney's fees to the mother were affirmed. The case was affirmed and remanded.

Child SupportContempt of CourtAttorney's FeesIncome CalculationBusiness ExpensesUpward DeviationVisitation RightsAppellate ReviewMarital DissolutionParental Obligations
References
5
Case No. 03A01-9812-CV-00417
Regular Panel Decision
Jul 28, 1999

Brown v. Brown

This case is an appeal from a divorce decree concerning alimony, child support, and attorney fees. The husband appealed the alimony amount, while the wife appealed the child support and attorney fees. The Court of Appeals affirmed the periodic alimony award, finding no abuse of discretion by the trial court regarding the wife's needs and the husband's ability to pay. However, the court found an error in the child support calculation, which had included a variable amount based on variable income, contrary to guidelines. The case was remanded for a recalculation of a definite child support amount based on the husband's averaged income over the past two years, including all sources. The court also upheld the $100 upward deviation for child support and denied the wife's request for attorney's fees for the appeal.

DivorceAlimonyChild Support GuidelinesIncome AveragingAppellate ReviewMarital Property DivisionFinancial DisparityRehabilitative AlimonyPeriodic AlimonyDiscretion of Trial Court
References
8
Case No. MISSING
Regular Panel Decision

Patrick Edward Reeder v. Jo Beth (Curtis) Reeder

This post-divorce action addresses a father's request to reduce child support following the emancipation of the older child. The mother opposed this, citing the younger child's extracurricular expenses and the father's infrequent visitation, and also sought payment for unpaid child support from 2002. The trial court initially granted the father a reduction, established a new parenting plan with reduced visitation, and included an upward deviation in child support for the younger child, while also finding the father in willful civil contempt for the 2002 arrearage. On appeal, the decision was largely affirmed, but the finding of willful contempt was reversed due to the father's injury-related unemployment in 2002. Additionally, the appellate court mandated prejudgment interest on the child support arrearage from 2002 and remanded the case for a determination of the mother's appellate attorney fees.

Post-divorceChild supportChild emancipationParenting plan modificationVisitation rightsUpward deviationChild Support GuidelinesChild support arrearagePrejudgment interestCivil contempt
References
35
Case No. M2006-00109-COA-R3-JV
Regular Panel Decision
Jun 05, 2007

Christy L. Taylor v. Randall Robinson, Jr.

The mother of a twelve-year-old boy filed a petition to establish paternity, which DNA testing confirmed. The trial court deviated from child support guidelines, ordering retroactive support only from the petition filing date due to the mother's failure to inform the father of possible paternity. The Court of Appeals affirmed the trial court's decision regarding the deviation from retroactive child support. However, the case was remanded for the trial court to include the total amount of retroactive support that would have been owed had no deviation been made, as required by statute.

PaternityChild SupportRetroactive SupportDeviationParental NotificationDNA TestingLegitimation PetitionEquitable ConsiderationsAppellate ReviewRemand
References
3
Case No. SAL 0113698
Regular
Jul 06, 2007

Antonio Ruiz vs. Avalon Structural, ACE Insurance Company

The Workers' Compensation Appeals Board granted reconsideration and reversed the finding that applicant Antonio Ruiz's injury did not arise out of employment. The Board found that applicant's deviation from his commute to obtain necessary safety masks for his job met the "special mission" exception to the going and coming rule. Consequently, the injury sustained during this deviation is deemed to have occurred within the course of employment.

Workers Compensation Appeals BoardSpecial Mission ExceptionGoing and Coming RuleIndustrial InjuryCourse of EmploymentEmployer BenefitImplied ConsentSafety EquipmentMasksMaterials
References
10
Case No. ADJ3218180 (EUR 0040749) ADJ4708435 (EUR 0040750)
Regular
Nov 19, 2010

ROBERT ZIMMERMAN vs. BRITT LUMBER COMPANY, OLD REPUBLIC INSURANCE COMPANY

This case involves an appeal of permanent disability ratings for an applicant's left upper extremity and right knee injuries. The defendant contests the ratings, arguing the Agreed Medical Examiner (AME) and WCJ improperly deviated from AMA Guides methodology, particularly by combining impairment factors without adequate justification. The Appeals Board granted reconsideration, finding the AME's explanations for deviating from the Guides were insufficient. The matter is remanded for further proceedings to obtain a more adequately justified permanent disability rating.

WCABReconsiderationPermanent Disability RatingApportionmentAMA GuidesAlmaraz/GuzmanAgreed Medical Examiner (AME)Grip LossStation and GaitDiagnosis Based Estimate
References
2
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