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

Case No. 2023-02-03636
Regular Panel Decision
Dec 02, 2025

GANDY, TERRY v. MARTEN TRANSPORT, LIMITED

Terry Gandy, a truck driver for Marten Transport, sustained a work-related arm scratch that led to a severe Group A Streptococcus and necrotizing fasciitis infection, culminating in the amputation of his left arm. Marten Transport initially denied his claim for medical and temporary disability benefits. In an expedited hearing, the Court found it likely that Mr. Gandy's injuries, including physical and mental health issues, arose primarily from his employment, despite arguments concerning pre-existing conditions and testimony inconsistencies. The Court ordered Marten Transport to cover over $749,000 in past medical expenses, provide ongoing physical treatment, and establish a panel for psychiatric care. Temporary total disability benefits were also granted, with the specific amount reserved for future determination.

Expedited HearingMedical BenefitsTemporary DisabilityAmputationNecrotizing FasciitisStrep A InfectionCausationPre-existing ConditionTruck DriverMedical Evidence
References
6
Case No. MISSING
Regular Panel Decision
Dec 19, 1983

Sheldon v. Kimberly-Clark Corp.

Plaintiff, an employee of Kimberly-Clark Corporation, suffered a double arm amputation on July 30, 1980, while operating a machine at its Ancram Mill. Plaintiff initiated legal action against Kimberly-Clark, two entities named Peter J. Schweitzer, Inc., and five senior corporate officers (Smith, Hibbert, Ernest, Jones, and Gade), alleging various torts, including the formulation of a corporate policy prioritizing productivity over worker safety. The individual officers, who were non-domiciliaries, moved to dismiss the complaint, citing a lack of in personam jurisdiction and protection under the fiduciary shield doctrine. The appellate court modified Special Term's order, granting the motion to dismiss against the five individual officers, concluding that the plaintiff failed to provide sufficient evidence for long-arm jurisdiction and that the fiduciary shield doctrine applied as their actions were corporate. Additionally, the court clarified that Special Term's dismissal against Peter J. Schweitzer, Inc., pertained only to the first entity, which had been dissolved through merger into Kimberly-Clark in 1958.

Long-arm jurisdictionIn personam jurisdictionFiduciary shield doctrineCorporate officers liabilityMerger of corporationsCorporate policyTortious actMotion to dismissAppellate reviewPersonal injury
References
5
Case No. ADJ 7906635, ADJ 7906741
Regular
May 02, 2016

LINDA ARMS vs. COUNTY OF KERN

The Workers' Compensation Appeals Board denied the County of Kern's petition for reconsideration. The County sought to overturn an award regarding the reasonable cost of two medical-legal reports from Dr. Ali Mostafavi. The Board adopted the findings of the administrative law judge, who found the attested hours and resulting fee schedule calculations for the reports to be reasonable. The County failed to demonstrate that the time spent by Dr. Mostafavi on the reports was unreasonable.

Workers' Compensation Appeals BoardPetition for ReconsiderationCounty of KernLinda ArmsADJ 7906635ADJ 7906741Workers' Compensation Administrative Law JudgeFindings Orders and AwardQualified Medical ExaminerQME
References
2
Case No. MISSING
Regular Panel Decision
Jan 16, 2008

Garced v. Clinton Arms Associates

Plaintiff Troy Garced suffered burn injuries on premises controlled by defendant Clinton Arms Associates, initiating a lawsuit in Bronx County based on his alleged residency there prior to incarceration. The defendant successfully moved to change venue to Nassau County, arguing that the plaintiff lacked proper Bronx residency. The Supreme Court denied the plaintiff's subsequent motion to renew, finding that the new evidence was not sufficiently justified as previously unavailable. The appellate court affirmed the denial of the motion to renew and dismissed the appeal from the initial venue change, concluding that plaintiff failed to establish residency in Bronx County. A dissenting opinion argued that the plaintiff's affidavit and medical records created a factual dispute warranting a hearing on the residency issue.

Venue DisputeResidency RequirementIncarceration ImpactMotion to RenewSection 8 HousingAppellate ReviewBronx CountyNassau CountyPersonal InjuryBurn Injury
References
17
Case No. MISSING
Regular Panel Decision

Claim of Pugliese v. Remington Arms, Inc.

The claimant, employed by Remington Arms, Inc. for over three decades, sought workers' compensation benefits, citing severe depression and anxiety stemming from alleged harassment and falsification of attendance records by a supervisor. Initially, a Workers' Compensation Law Judge denied further adjournments for an independent medical examination (IME) report and cross-examination of the treating psychologist, determining the depression to be an occupational disease. The Workers' Compensation Board subsequently modified this, reclassifying it as a compensable accidental injury. The employer and its carrier appealed, challenging the use of hearsay evidence, the preclusion of their IME report, and the denial of their right to cross-examine the claimant's treating psychologist. The appellate court found sufficient corroboration for the hearsay evidence and upheld the IME report's preclusion due to the carrier's delays. However, the court reversed the denial of cross-examination, stating that the absence of the IME report did not negate the carrier's right, especially given their dispute on causal relationship. Consequently, the case was reversed and remitted to the Workers' Compensation Board for further proceedings.

DepressionAnxietyWorkplace HarassmentAttendance Records FalsificationIndependent Medical ExaminationIME Report PreclusionRight to Cross-ExaminationHearsay EvidenceCorroborating EvidenceOccupational Disease
References
11
Case No. MISSING
Regular Panel Decision
May 09, 2006

Claim of Atkinson v. Joseph Baldwin Construction

This is an appeal from decisions of the Workers’ Compensation Board, filed March 29, 2006, and May 9, 2006, which clarified an earlier Board decision from April 23, 2002. The claimant sustained a compensable right shoulder injury in July 1998. Subsequently, the claimant alleged problems with his left shoulder were causally related to the 1998 accident. A Workers’ Compensation Law Judge (WCLJ) initially found no causal relationship for the left shoulder injury, a determination affirmed by the Board in April 2002, although the Board's decision ambiguously mentioned developing the schedule of loss of use for 'both arms.' Following further proceedings, the WCLJ reiterated the disallowance of the left arm claim. The Board then clarified its 2002 decision in 2006, stating that it had affirmed the finding of no causal relationship for the left arm and that only the right arm's schedule loss of use was to be developed. The Appellate Division found that the Board's 2006 decisions effectively amended its 2002 decision. Upon review, the court affirmed the Board’s determination, finding substantial evidence supported the conclusion of no causal relationship for the left arm, giving deference to the Board's credibility assessments and resolution of conflicting medical evidence. The court also rejected the argument that the issue of a consequential left shoulder injury remained open, as the Board's prior decision had disallowed any causally related left arm condition.

Workers' Compensation LawCausal RelationshipLeft Shoulder InjuryRight Shoulder InjuryMedical EvidenceCredibility AssessmentAppellate ReviewBoard ClarificationAmended DecisionSchedule Loss of Use
References
6
Case No. MISSING
Regular Panel Decision

Guill v. Aetna Life & Casualty Co.

This is an appeal from the dismissal of a worker's compensation action. The appellant, Mr. Guill, sustained a compensable injury to his low back. During his treatment, his wife, Mrs. Guill, administered an unsanctioned intravenous injection of medication, leading to a Volksman contracture, gangrene, and eventual amputation of his left arm. The trial judge found that Mrs. Guill's action, contrary to Dr. Eyler's instructions, was an independent intervening cause not connected to the compensable injury. The Supreme Court affirmed the dismissal, concluding there was material evidence to support the trial judge's finding, thereby absolving the employer/appellee of liability for the subsequent injury.

Worker's CompensationBack InjuryDrug DependencyAmputationMedical Treatment ComplicationIndependent Intervening CauseIntravenous InjectionPhysician's InstructionsEmployer LiabilityOrthopedic Specialist
References
3
Case No. MISSING
Regular Panel Decision

Western Casualty and Surety Company v. Gonzales

This workman's compensation case involved an appeal by The Western Casualty and Surety Company, challenging an award for total and permanent disability to Alfredo R. Gonzales. Gonzales suffered a severe hand injury requiring multiple operations and eventual amputation, leading to widespread pain and disability in his arm, shoulder, chest, back, and legs. The appellant contended the injury was specific, while Gonzales argued it extended to cause a general injury. The court affirmed the judgment, finding sufficient evidence that the original specific injury and subsequent medical treatments resulted in a compensable general injury, rendering him totally and permanently disabled.

Workman's CompensationGeneral InjurySpecific InjuryTotal and Permanent DisabilityMedical Treatment AggravationJury IssuesSufficiency of EvidenceAppellate ReviewTexas LawTendon Surgery
References
12
Case No. MISSING
Regular Panel Decision

Johnson v. City of Bellaire

Elbert Johnson, an employee of Magnum Staffing, suffered an arm amputation while working for the City of Bellaire on a garbage truck driven by Rosa Larson. Johnson sued the City and Larson for negligence, arguing a waiver of governmental immunity under the Texas Tort Claims Act. The City filed a plea to the jurisdiction, claiming immunity and that Johnson's exclusive remedy was workers' compensation under the "borrowed servant" doctrine. The trial court granted the City's plea. On appeal, the court reversed and remanded, finding a fact issue regarding whether Johnson was a "paid employee" covered by the City's workers' compensation policy, which is essential to determine if an alternative remedy existed and if immunity was waived.

Governmental ImmunityPlea to the JurisdictionWorkers' CompensationBorrowed Servant DoctrineNegligenceTexas Tort Claims ActPersonal InjuryMotor Vehicle AccidentGarbage TruckRemand
References
13
Case No. MISSING
Regular Panel Decision
May 09, 2011

Coonjbeharry v. Altone Electric, LLC

Plaintiff, an employee at a rubber recycling facility operated by New York Rubber Recycling, LLC, a subsidiary of Permalife Products, LLC, sustained a severe injury resulting in arm amputation while clearing a machine jam. After receiving workers' compensation benefits, plaintiff sued Permalife, New York Rubber, and Altone Electric, LLC for negligence, strict products liability, and failure to warn. The Supreme Court granted summary judgment to all defendants. The appellate court affirmed, holding that the Workers' Compensation Law's exclusive remedy provisions shielded Permalife and New York Rubber from liability due to their alter ego status. Furthermore, Altone Electric, LLC was found to owe no duty of care and was not responsible for the machine that caused the injury.

Workers' CompensationExclusive RemedyAlter EgoSummary JudgmentNegligenceStrict Products LiabilityFailure to WarnAppellate ReviewPersonal InjuryEmployment Law
References
11
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