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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Hopkins v. Cornerstone America

This case involves former insurance agents, led by Joseph Hopkins, suing Cornerstone America, Mid-West National Life Insurance Company of Tennessee, and United Insurance Companies, Incorporated, for unpaid overtime wages and retaliation under the Fair Labor Standards Act (FLSA), breach of contract, and common-law fraud and conversion. The central issue is whether the plaintiffs were employees or independent contractors under the FLSA. The Court found that most plaintiffs, except Chris Fox, were employees based on an economic reality test, considering factors like degree of control, relative investment, opportunity for profit and loss, skill and initiative, and permanency of the relationship. Consequently, the court partially granted the plaintiffs' motion for partial summary judgment and partially granted and denied the defendants' motion to dismiss or for summary judgment. It dismissed Chris Fox's FLSA claims due to judicial estoppel and dismissed all claims against United Insurance and the plaintiffs' abandoned fraud and conversion claims.

Fair Labor Standards ActEmployee ClassificationIndependent ContractorOvertime WagesRetaliationBreach of ContractJudicial EstoppelEconomic Reality TestCorporate VeilPublic Policy Violation
References
36
Case No. MISSING
Regular Panel Decision

Dow Chemical Co. v. LOCAL NO. 564, INTERNATIONAL UNION OF OPERATING ENGINEERS

This case involves a dispute between Dow Chemical Company (Dow) and Local No. 564, International Union of Operating Engineers (the Union) over an arbitration award concerning the termination of twelve Union members, including Freddie Bonner, for violating Dow's email policy. Dow sought to vacate the arbitrators' reinstatement of Bonner and their award of certain past benefits (vacation, 401(k), and bonuses). The Union cross-moved to affirm the entire arbitration award. The Court PARTIALLY GRANTED Dow's motion, vacating Bonner's reinstatement due to a prior 'Last Chance Agreement' (LCA) which explicitly stated that possession of sexually oriented materials would result in termination. However, the Court PARTIALLY DENIED Dow's motion regarding the past benefits, affirming the arbitrators' award of vacation allowance and 401(k) benefits, and eligibility for a 2002 Performance Award, finding these remedies drew their essence from the ambiguous Collective Bargaining Agreement (CBA) which was silent on specific remedies.

Arbitration Award ReviewSummary JudgmentCollective Bargaining AgreementLast Chance AgreementEmployee TerminationWorkplace Policy ViolationJust CauseReinstatementEmployee Benefits401(k)
References
17
Case No. MISSING
Regular Panel Decision

Cook v. Fidelity Investments

Plaintiff Darnell Cook sued his employer, Fidelity Investments, alleging racial discrimination under Title VII and the Texas Commission on Human Rights Act (TCHRA), intentional infliction of emotional distress, and negligent supervision following a demotion. Fidelity moved for partial dismissal of the emotional distress claim and for partial summary judgment on the negligent supervision claim. The Court granted Fidelity’s motion to dismiss the intentional infliction of emotional distress claim, ruling that the alleged conduct did not meet the standard for extreme and outrageous behavior. The Court also granted Fidelity’s motion for summary judgment on the negligent supervision claim, finding it barred by the Texas Workers’ Compensation Act’s exclusive remedy provision and preempted by the TCHRA. Consequently, both of Darnell Cook’s claims for intentional infliction of emotional distress and negligent supervision were dismissed with prejudice.

Racial DiscriminationTitle VIITexas Commission on Human Rights ActIntentional Infliction of Emotional DistressNegligent SupervisionTexas Workers' Compensation ActExclusive RemedySummary JudgmentDismissal with PrejudiceEmployment Law
References
15
Case No. MISSING
Regular Panel Decision
Dec 15, 2015

Nance v. Crockett County

Jerry A. Nance sued Crockett County, Tennessee, for violations of the Fair Labor Standards Act (FLSA), alleging unpaid overtime and compensatory time. Both Nance and the County filed cross-motions for partial summary judgment. The court denied the County's motion, finding genuine issues of material fact regarding willfulness of the alleged FLSA violations and Nance's eligibility for the 480-hour compensatory time limit due to his emergency response duties. The court also denied Nance's motion for summary judgment on overtime liability and liquidated damages, citing factual disputes over the actual overtime hours worked and the accuracy of his records. Consequently, both parties' motions for partial summary judgment were denied, and the case will proceed to trial.

FLSAOvertimeCompensatory TimeSummary JudgmentStatute of LimitationsWillfulnessEmergency ServicesPublic EmploymentWage and HourEmployment Law
References
41
Case No. MISSING
Regular Panel Decision

Alvarez v. Michael Anthony George Construction Corp.

This Memorandum & Order addresses a motion for partial summary judgment filed by multiple plaintiffs against landscaping and construction businesses and their owner, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law regarding unpaid overtime and retaliation. The Court denied summary judgment on the FLSA claim due to insufficient evidence of interstate commerce. However, partial summary judgment was granted to the plaintiffs on their state law overtime claims, as evidence showed they worked over forty hours without proper compensation. The employee status of three plaintiffs (Juan Castillo, Juan Leonel Lopez Juarez, and Jorge Mario Ramos Munoz) remained a disputed factual issue, exempting their claims from this partial judgment.

FLSANew York Labor LawOvertime CompensationWage and Hour DisputeSummary Judgment MotionEmployer LiabilityEmployee MisclassificationRetaliation ClaimInterstate Commerce RequirementPayroll Record Inadequacy
References
26
Case No. 2015184839
Regular Panel Decision
Nov 17, 2015

Lallo, Ralph Joseph v. Marion Environmental, Inc.

Ralph Joseph Lallo, an employee, filed a motion seeking temporary disability benefits against his employer, Marion Environmental, Inc. Mr. Lallo sustained a compensable injury to his right upper extremity on April 2, 2015. The court found that Marion Environmental, Inc. did not terminate Mr. Lallo for cause, and thus, his separation would not preclude him from receiving temporary partial disability benefits. Medical evidence from Dr. Donald Huffman indicated substantial restrictions on Mr. Lallo's right arm, rendering him partially disabled. The court concluded that Mr. Lallo was entitled to temporary partial disability benefits and ordered Marion Environmental, Inc. to pay past benefits from May 1-6, 2015, and from September 28, 2015, onward at a compensation rate of $696.03 per week.

Workers' Compensation BenefitsTemporary Partial DisabilityUpper Extremity InjuryOrthopedic DiagnosisEmployment TerminationMedical Work RestrictionsWage Loss ClaimsExpedited Hearing DecisionEmployer Accommodation DisputeDr. Donald Huffman
References
9
Case No. 2016-06-0327
Regular Panel Decision
Jun 16, 2016

Frye, Annette v. Vincent Printing Co.

Annette Frye, an employee of Vincent Printing Co., sought medical and temporary partial disability benefits after sustaining an injury at work. She experienced dizziness and fell while wiping machines with denatured alcohol, resulting in injuries to her right arm and side. The employer and its carrier denied the claim, asserting an idiopathic fall. However, the court found her injury arose from employment, granting medical benefits and temporary partial disability benefits from January 15, 2016, to February 22, 2016. Further temporary partial disability benefits were denied after February 22, 2016, because Ms. Frye failed to attempt available light-duty work.

Expedited HearingMedical BenefitsTemporary Partial DisabilityIdiopathic Injury DefenseWork Injury FallDenatured Alcohol ExposureOccupational Health ServicesReturn to Work RestrictionsCausation AnalysisEmployer's Duty to Accommodate
References
5
Case No. 2016-03-0223
Regular Panel Decision
Nov 14, 2016

Boyd, David v. Tennessee Children's Home

David Boyd, an employee of Tennessee Children's Home, sustained a right wrist injury on August 21, 2014, in a work-related incident. After surgery and medical restrictions, his hours were significantly reduced from August 14, 2015, despite his employer's accommodation of his restrictions prior to that date. Boyd sought temporary partial disability benefits for the period of reduced hours while he was still treating for his injury and under medical restrictions. The Workers' Compensation Judge, Lisa Lowe Knott, found that Boyd sustained a loss of income during this period due to the reduction in hours. The Court granted his request for past temporary partial disability benefits in the amount of $1,323.89, ruling that an employer is responsible for these benefits if they do not offer a partially disabled employee work making the same pre-injury income.

Temporary Partial DisabilityWorkers' CompensationRight Wrist InjuryReduced HoursLoss of IncomeMedical RestrictionsEmployment AccommodationExpedited HearingTennessee LawImpairment Rating
References
6
Case No. MISSING
Regular Panel Decision

Claim of Martone v. Niagara Frontier Transportation Authority-Metro

In 2005 and 2007, a bus driver (claimant) suffered work-related neck and back injuries. Initially, a Workers’ Compensation Law Judge found him permanently totally disabled. However, the Workers’ Compensation Board modified this, determining he had a permanent partial disability with a 75% loss of wage-earning capacity based on medical evidence and other factors. The claimant appealed this decision, arguing a lack of substantial evidence for the partial disability finding. The Appellate Division affirmed the Board's decision, noting medical reports indicating submaximal efforts, high medication dosages, symptom magnification, and the ability to ambulate, which supported the finding of partial disability. The court also upheld the 75% loss of wage-earning capacity, finding it supported by substantial evidence after considering the claimant's impairment, work restrictions, age, education, and work experience.

Permanent Partial DisabilityWage-Earning CapacityChronic Pain SyndromeLumbar Spine SurgeryMedical EvidenceSubmaximal EffortsSymptom MagnificationAppellate ReviewBoard DecisionMedical Treatment Guidelines
References
2
Case No. MISSING
Regular Panel Decision
Feb 25, 2003

Mannino v. J.A. Jones Construction Group, LLC

Plaintiff Salvatore Mannino, a demolition foreman, was injured after falling approximately 12 feet while removing metal grating from a roof opening during a renovation project at Rockefeller University. He claimed he was not provided with requested scaffolding or other safety devices. The Supreme Court granted partial summary judgment against Rockefeller University but denied it against the Jones defendants. On appeal, the order was modified to also grant the motion against the Jones defendants, recognizing them as the owner’s statutory agent. The court affirmed the denial of defendants' cross-motion for contractual indemnification due to outstanding issues of active negligence, upholding the contract's partial indemnification clause as compliant with General Obligations Law § 5-322.1.

Labor LawConstruction AccidentSummary JudgmentContractual IndemnificationStatutory AgentDemolition WorkFall from HeightSafety DevicesAppellate DivisionActive Negligence
References
4
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