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

Case No. 12-12-00285-CV
Regular Panel Decision
Mar 31, 2014

2008 Mercedes-Benz CLS550 (Respondent: Latrice Whitaker, Robert Whitaker) v. State

Latrice and Robert Whitaker appealed a trial court's default judgment which forfeited their interest in a 2008 Mercedes-Benz CLS550 motor vehicle. The State of Texas initiated forfeiture proceedings, alleging the vehicle was contraband under Chapter 59 of the Texas Code of Criminal Procedure. The Whitakers failed to respond, leading to the default judgment. They subsequently filed motions for new trial, asserting defenses such as innocent ownership, the vehicle not being contraband, and an Eighth Amendment violation, and arguing lack of service. The trial court denied these motions, and the appellate court affirmed, noting that the Whitakers' factual assertions in their motions for new trial were not supported by evidence or affidavits, which is required by caselaw to set aside a default judgment.

default judgmentforfeiturecontrabandmotion for new trialabuse of discretionappellate reviewTexas Code of Criminal ProcedureEighth Amendmentcivil procedureappellate procedure
References
7
Case No. ADJ1541863 (SBR 0317921) ADJ1955130 (SBR 0318072)
Regular
Oct 24, 2008

CAROL TELIZYN vs. BRASWELL'S COLONIAL CARE, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Arrowback Medical Group's (AMG) petition for reconsideration because it was successive and not taken from a final order, as the prior decision remanded the case for further proceedings. The Board also corrected the caption of its August 8, 2008 decision nunc pro tunc to include both relevant case numbers. AMG's core argument regarding the applicability of an expired fee schedule was previously addressed and found to be without merit.

Nunc Pro TuncPetition for ReconsiderationSuccessive PetitionFinal OrderInterim OrderRemandCaption CorrectionRepackaged PharmaceuticalsOfficial Medical Fee ScheduleLien Claimant
References
10
Case No. ADJ2863431 (ANA 0399159)
Regular
Sep 17, 2008

LORA OJEDA vs. WESTMINSTER SCHOOL DISTRICT, KEENAN \& ASSOCIATES

Defendant's petition for reconsideration of a Stipulations and Award (issued September 17, 2008) is dismissed as untimely. The petition was filed November 12, 2008, after the defendant received the award on October 6, 2008.

Workers' Compensation Appeals BoardPetition for ReconsiderationAwardStipulationsIndustrial InjuryRight KneeLumbar SpineCervical SpineTemporary DisabilityPermanent Disability
References
4
Case No. MISSING
Regular Panel Decision

Claim of Prescott v. Town of Lake Luzerne

A claimant fell off a dump truck at work in February 2008, landing on his right buttock and injuring his hip. The injury led to surgery in May 2008 to remove heterotopic bone and subsequent two-stage hip replacement revision surgeries in November 2008 and February 2009 due to an infection. The Workers’ Compensation Board found the initial surgery and subsequent revisions causally related to the work fall and supported compensation awards. The employer appealed, arguing that an independent medical examination (IME) was improperly precluded and that the initial surgery lacked proper authorization. The Appellate Division affirmed the preclusion of the IME due to untimeliness and upheld the causal relationship findings for the injury and subsequent surgeries. However, the court reversed the Board's determination that the May 2008 surgery was properly authorized, remitting that specific issue for further proceedings, while affirming all other appealed decisions.

Causal RelationshipIndependent Medical Examination (IME)Evidence PreclusionSurgery AuthorizationHip InjuryHeterotopic OssificationMedical Opinion ConflictDue ProcessRemittiturEmployer Liability
References
8
Case No. MISSING
Regular Panel Decision

Matter of Alamin v. Down Town Taxi, Inc.

Claimant, a taxi driver, sustained neck and back injuries in a February 2008 work-related motor vehicle accident. His workers' compensation claim was established. A Workers’ Compensation Law Judge initially awarded benefits from February 2008 to October 2009, finding a moderate causally related disability after November 2008. However, the Workers’ Compensation Board later rescinded awards after November 20, 2008, ruling that no further causally related disability existed from that date. Claimant's subsequent request for reconsideration and/or full Board review was denied. The current court dismissed the appeals from the WCLJ's January 2013 decision and the Board's January 2014 decision due to procedural irregularities (direct appeal from WCLJ and untimely filing of notice of appeal). The court affirmed the Board’s March 2014 decision denying reconsideration, concluding that the Board did not abuse its discretion or act arbitrarily, as the claimant failed to present new evidence or demonstrate a material change in condition.

Workers' CompensationAppellate ProcedureDismissal of AppealReconsideration DenialCausally Related DisabilityMotor Vehicle AccidentIndependent Medical ExaminationProcedural BarAbuse of DiscretionTimeliness of Appeal
References
6
Case No. ADJ3002639 (LAO 0881928)
Regular
Jun 11, 2012

MIGUEL NAVA vs. BARRETT BUSINESS SERVICES, INC.

This case concerns an applicant's industrial injury to his spine and knees. The defendant sought reconsideration of a decision that allowed reimbursement for non-MPN providers before November 28, 2008. The Appeals Board granted reconsideration, finding the applicant was bound to select an MPN physician as of his March 11, 2008 deposition stipulation. Therefore, non-MPN services rendered after March 11, 2008, are not compensable.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNBarrett Business ServicesCorVel MPNLien ClaimantIndustrial InjurySpine InjuryKnee InjuryReconsideration
References
2
Case No. ADJ9141002 [death claim] ADJ6796445 [inter vivos]
Regular
Jan 16, 2014

RAMON PRIETO (Deceased) vs. APACHE AUTO, INC., ZENITH INSURANCE COMPANY, MEADOWBROOK/STAR INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The amendment changed the cumulative trauma period for the deceased applicant's industrial injury to his heart and neurological system from December 2007-December 2008 to November 2008-December 26, 2008. This change was made to reflect the correct insurance carrier's coverage period. The Board otherwise affirmed the original findings regarding industrial injury and death.

Workers' Compensation Appeals Boarddeath claiminter vivosindustrial injuryheart/cardiovascular systemneurologic systematrial fibrillationcumulative traumaauto wrecker salespersonZenith Insurance Company
References
0
Case No. ADJ6736069 ADJ6736155 ADJ7147776
Regular
Jul 07, 2010

YVETTE WHITMER vs. HI SHEAR CORPORATION, ZURICH NORTH AMERICA, GOLDEN STATE FOODS, LIBERTY MUTUAL, SANTA BARBARA APPLIED RESEARCH

This case involves Yvette Whitmer's claims for back injuries allegedly sustained on May 1, 2008, and June 13, 2008. The defendant, Hi Shear Corporation, sought reconsideration of the initial findings, arguing the claims were non-compensable post-termination claims under Labor Code section 3600(a)(10). The Appeals Board granted reconsideration, finding that Whitmer failed to provide timely notice of her injuries to the employer prior to her termination on June 23, 2008. Consequently, her claims were barred, and she was awarded no benefits.

Labor Code section 3600(a)(10)post-termination claimscompensable industrial injuriesWCJreconsiderationFindings of Factregional managerZurich North AmericaLiberty Mutualarising out of and in the course of employment
References
4
Case No. 2021 NY Slip Op 00598 [191 AD3d 1051]
Regular Panel Decision
Feb 04, 2021

Matter of Grimaldi v. Suffolk County Dept. of Health C/O Suffolk County Risk Mgt.

The claimant, William Grimaldi, sustained work-related injuries in 2007 and 2008. The Workers' Compensation Board initially established his average weekly wage for awards based on the lower 2008 wage. The Appellate Division, Third Department, found that the Board erred in applying the 2008 average weekly wage for the ongoing permanent partial disability awards related to the 2007 injury. The court held that the awards for the 2007 injury should be based on the higher wage earned at the time of that injury. Therefore, the Board's decision was modified and remitted for further proceedings, while the appeal from the denial of reconsideration was dismissed as academic.

Workers' CompensationAverage Weekly WagePermanent Partial DisabilityApportionmentRemittalJudicial ReviewWage Earning CapacityAppellate ReviewInjury ClaimsBoard Decision
References
6
Case No. ADJ8283950
Regular
Oct 23, 2013

Leticia Espinoza vs. County of Contra Costa

This case concerns the date of injury for a cumulative trauma claim, specifically applicant Leticia Espinoza's claim against the County of Contra Costa. The defendant argued the date of injury was in 2008, limiting temporary disability benefits. However, the Workers' Compensation Appeals Board denied the petition for reconsideration. The Board found that two days of missed work in 2008 did not constitute "compensable" temporary disability due to the statutory waiting period and lack of medical substantiation or proven wage loss. Furthermore, evidence did not establish permanent disability in 2008, as work restrictions were temporary and the applicant was later released to full duty.

Labor Code section 5412date of injurycumulative injurytemporary disabilitypermanent disabilitycompensable temporary disabilitywaiting periodwage losspermanent and stationarymodified duty
References
1
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