Employment Law Court Rulings

The Industrial Commission did not abuse its discretion when it denied relator-claimant's application for TTD compensation based on a finding that he had voluntarily abandoned his employment. Submitted on Magistrate's Decision. Writ of mandamus denied.

It was within the fact-finding discretion of the Industrial Commission to reject relator-employer's affidavits and suggested inference, and to determine, on the facts of the case, that the perpetration of a fraud in receiving TTD compensation did not necessarily mean that the initial injury did not…

This appeal arises from a negligence action filed by the plaintiff employee in June 2010, pursuant to the Federal Employer Liability Act ("FELA"), see 45 U.S.C. §§ 51-60 (2012), against his former employer, the defendant railroad. The employee, who had worked for the railroad for thirty-nine years…

Workers' compensation coming-and-going rule totality of the circumstances. Trial court erred in awarding employer summary judgment by application of the coming-and-going rule where there were genuine issues of material fact as to whether accident arose out of and in the course of employee's…

Employee's employment was terminated for smoking in a company truck in violation of the employer's rule. Employee's initial request for unemployment benefits was denied. The Appeals Tribunal affirmed the denial of benefits, but the Commissioner's Designee later reversed, finding that employee's…

Whether employee waived claim for wages/Damages

This is a teacher tenure case. Appellant, a tenured teacher employed by Appellee Shelby County Board of Education, was fired for insubordination and conduct unbecoming. Appellant appealed the Shelby County School Board's decision to the Chancery Court for Shelby County. In a post-trial motion,…

This is an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. In this health care liability action, we must determine whether the plaintiff properly complied with the pre-suit notice requirement found in Tennessee Code Annotated section 29-26-121(a)(1). The…

I concur in the majority opinion's denial of West Tennessee Health Network and West Tennessee Healthcare, Inc.'s Motion to Dismiss and/or for Summary Judgment. Like the majority, I express no opinion whatsoever on whether dismissal of these two parties might be appropriate under other theories.…

Trial court did not err in denying railroad's motion for directed verdict, in which the railroad argued that plaintiff's Federal Employers' Liability Act claim was precluded by the Federal Railroad Safety Act (FRSA), where the subject matter of plaintiff's claim was not "covered" by the FRSA and…