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

Case No. W2019-02184-COA-R3-CV
Regular Panel Decision
Nov 25, 2020

Sypriss Smith v. All Nations Church of God

Former employee Sypriss Smith sued her former employer, All Nations Church of God, for retaliatory discharge, disability discrimination, and religious discrimination. A jury found in favor of Smith only on the retaliatory discharge claim under the Tennessee Public Protection Act (TPPA), awarding $15,500.00. Smith sought over $100,000.00 in attorney's fees, which the trial court reduced to $12,500.00, proportional to the punitive damages. Smith appealed the attorney's fee award, arguing the trial court abused its discretion by not fully considering all factors under Tenn. Sup. Ct. R. 8, RPC 1.5(a), and by overly focusing on proportionality. The Court of Appeals vacated the trial court's judgment and remanded the case for a more detailed explanation of its attorney's fee determination.

Retaliatory DischargeAttorney FeesAbuse of DiscretionTennessee Public Protection ActTPPADamagesPunitive DamagesAppellate ReviewJudicial DiscretionRule 1.5(a)
References
36
Case No. ADJ91 47722
Regular
Jun 22, 2017

, Applicant, MARLENE BARBOZA ALFARO vs. PROPORTION FOODS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior stipulation and order allowing a lien. The Board found the defendant's petition for reconsideration was timely filed, as the 25-day period for filing began from the date the order was served, not from its date of issuance. The Board adopted the judge's reasoning, which addressed both the timeliness of the petition and the grounds for rescission. Consequently, the lien in favor of PCT Medical Services, Inc. was set aside.

Petition for ReconsiderationStipulation and OrderLienPCT Medical ServicesWCJTimely FiledDesignated ServicePersonal ServiceRescindedWorkers' Compensation Appeals Board
References
0
Case No. ADJ10009703 ADJ10043837
Regular
Feb 19, 2019

ZULAY DAVILA vs. EMPLOYERS RESOURCE GROUP, VENSURE HR, INC., LCF LIBERTY JR, LLC/SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, PROPORTION FOODS, LLC/REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the WCJ's decision due to a due process violation. The WCJ had determined employment by ERG without providing ERG notice and an opportunity to be heard. The WCAB returned the case to the trial level for further proceedings to determine employment status. Issues of insurance coverage will be subject to mandatory arbitration once employment is established.

Workers' Compensation Appeals BoardVENSURE HRSecurity National Insurance CompanyProportion FoodsLLCREDWOOD FIRE AND CASUALTY INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESAMTRUST NORTH AMERICAEMPLOYMENT RESOURCES GROUPINC.
References
15
Case No. ADJ1177048
En Banc
Feb 03, 2009

WANDA OGILVIE vs. CITY AND COUNTY OF SAN FRANCISCO

The Appeals Board holds that the diminished future earning capacity (DFEC) portion of the 2005 Schedule for Rating Permanent Disabilities is rebuttable and establishes a specific, multi-step method for doing so, based on the employee's individualized proportional earnings loss and a numeric formula consistent with Labor Code § 4660 and RAND Institute data.

DFEC2005 ScheduleRebuttableDiminished Future Earning CapacityLabor Code section 4660RAND dataProportional Earnings LossWhole Person ImpairmentEmployment Development DepartmentVocational Rehabilitation
References
31
Case No. ADJ6655819
Regular
Jan 22, 2020

BARBARA HARRIS vs. THE GAP, INC.; SPHERION, ESIS WEST CLAIMS

The Appeals Board granted reconsideration to review the arbitrator's decision regarding cumulative injury and reimbursement between defendants Gap, Inc. and Spherion. The Board amended the decision to apportion liability for settlement, past expenses, and temporary disability based on the number of days applicant worked for each employer, rather than hours. They also clarified that future benefits should be divided proportionally by days worked. The Board otherwise affirmed the arbitrator's finding of cumulative injury and the reasonableness of the settlement amount.

Cumulative traumaSpecific injuryReconsiderationFindings Award and OrderArbitratorReimbursement ratioContribution claimDiscoveryStatement of Reasons for DeterminationCompromise and Release
References
9
Case No. MISSING
Regular Panel Decision

Ward v. Derwinski

William J. Ward, a nurse at a VA Medical Center, was discharged for alleged verbal patient abuse. He challenged this disciplinary action, claiming it was arbitrary and capricious and violated his constitutional rights. The court affirmed its jurisdiction to review the Secretary's decision. While the finding of patient abuse was upheld, the court determined that the penalty of discharge was inconsistent with the VA's policy of proportional penalties and too severe compared to other cases of patient abuse. Consequently, the case was remanded to the Secretary for reconsideration of the penalty.

Patient AbuseNurse DisciplineWrongful TerminationAdministrative Procedure Act ReviewAgency DiscretionProportional PenaltiesFederal EmploymentVeterans AffairsFirst Amendment RetaliationFifth Amendment Due Process
References
33
Case No. ADJ10491451
Regular
Jun 03, 2019

ROSA MARIA BENITEZ LOPEZ vs. D \u0026 J PACKING, XL INSURANCE AMERICA, INTERCARE INSURANCE SERVICES

This case involves an appeal regarding Rosa Maria Benitez Lopez's workers' compensation award. The Workers' Compensation Appeals Board granted reconsideration to correct errors in the initial decision. Specifically, the permanent disability indemnity rate was adjusted to $280.44 per week, and the permanent disability rating was reduced from 61% to 60% due to an improper inclusion of multiple ankle impairments. The Board otherwise affirmed the findings, including the entitlement to a supplemental job displacement voucher, and amended the attorney's fee proportionally.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFurther Findings and Awardseasonal field laborerindustrial injuryleft anklelow backshoulderskneeswrists
References
0
Case No. ADJ4680684 (LAO 0878962) ADJ2228561 (LAO 0878963)
Regular
Feb 19, 2016

ARTURO AVILA vs. CARIMEX INTERNATIONAL TRADING, EVEREST NATIONAL INSURANCE CO., SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., STATE COMPENSATION INSURANCE FUND

This case involves a dispute over contribution liability between two insurance carriers for an applicant's cumulative trauma injury. The original Findings and Award determined Everest National Insurance was 68% liable and SCIF 32% liable, ordering Everest to pay SCIF $31,513.97. Everest's petition for reconsideration focuses solely on the monetary calculation, not the proportional liability. The Appeals Board granted reconsideration to rescind the original award, as the WCA's attempt to rescind it was untimely. The matter is returned to the WCA for further proceedings and a proper decision on the monetary calculations.

Petition for ReconsiderationFindings and AwardPetition for ContributionEquitable ContributionCumulative Trauma InjurySpecific InjuryJoint Compromise and ReleaseCredit for PaymentsSupplemental ProceedingsLabor Code Section 5500.5
References
0
Case No. 06-10-00022-CR
Regular Panel Decision
Jul 01, 2010

Texas Mutual Insurance Company, F/K/A Texas Workers` Compensation Insurance Fund v. Kenneth G. Pitcock and Pitcock Electric, Inc.

Shawanda M. Smith appealed her five-year imprisonment sentence for possession of a controlled substance with intent to deliver, arguing it was cruel and unusual punishment. The Court of Appeals for the Sixth Appellate District of Texas at Texarkana found that Smith did not preserve this complaint for appellate review as no timely request, objection, or motion was made to the trial court. Furthermore, even if the issue was preserved, the court concluded that the sentence was within the statutory range and not grossly disproportionate to the crime committed, applying the McGruder test for proportionality. The judgment of the trial court was affirmed.

Criminal LawControlled SubstanceSentencingCruel and Unusual PunishmentProportionality ReviewEighth AmendmentAppellate ProcedureWaiverTexas CourtsMemorandum Opinion
References
17
Case No. MISSING
Regular Panel Decision

Eggleston v. Richardson

The petitioner, a child protective caseworker, sought annulment of her dismissal from civil service. Respondent adopted the hearing officer's findings of guilt on 17 charges. The court reviewed the findings for substantial evidence and the proportionality of the dismissal. It found 14 charges supported but dismissed charges related to unsupported specifications and hearsay evidence, including a serious charge of disclosing a complainant's identity. While the petitioner's misconduct, including abrasiveness and insubordination, was acknowledged, and dismissal wasn't disproportionate to the demonstrated offenses, the matter was remitted to the respondent for penalty reassessment as the administrative agency holds that responsibility.

Civil Service DismissalChild Protective CaseworkerArticle 78 ProceedingSubstantial Evidence ReviewHearsay EvidencePenalty DisproportionateRemittal for PenaltyAdministrative Agency ResponsibilityMisconductInsubordination
References
6
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