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

Case No. MISSING

Regular Panel Decision

Oct 06, 2010

Southard v. Corning Hotel Corp.

Claimant suffered a work-related injury in April 2004, leading to workers' compensation benefits. The employer and its carrier sought reimbursement from the Special Disability Fund, claiming the claimant's preexisting arteriovenous malformation contributed to her disability. The Workers' Compensation Board denied the reimbursement, finding the employer failed to demonstrate a materially and substantially greater disability caused by both conditions. The Appellate Division affirmed this decision, noting that the employer's medical expert did not establish that the preexisting condition increased the overall disability or compensation liability. Consequently, the Special Disability Fund was properly discharged from liability.

Workers' Compensation LawSpecial Disability FundReimbursement ClaimPreexisting ConditionPermanent ImpairmentMaterially and Substantially Greater DisabilityArteriovenous MalformationLumbar Spine InjuryMigraine HeadachesAppellate Division

References

Case No. MISSING

Regular Panel Decision

City of Bolivar v. Jarrett

This Workers’ Compensation case involves Horace Jarrett, an employee of the City of Bolivar, who sustained injuries to his left foot, leg, flank, and back when run over by a garbage truck. He was awarded benefits for a 10 percent permanent partial disability to his left foot by the Circuit Court. However, a significant issue arose regarding the appearance of blood in his urine (hematuria), diagnosed as arteriovenous malformation, which he contended was caused by the accident and prevented him from working. The trial court initially found no causation between the accident and the hematuria and denied medical benefits. On appeal, the Supreme Court reversed the trial court's judgment, finding material evidence supported that the work-related accident caused the hematuria. The case was remanded for further proceedings to determine the permanency of the condition, eligibility for temporary partial disability, and medical attendance for the hematuria.

Workers' CompensationPermanent Partial DisabilityMedical BenefitsCausationRemandScheduled Member InjuryHematuriaArteriovenous MalformationBlunt TraumaAppellate Review

References

Case No. 2019 NY Slip Op 02574

Regular Panel Decision

Apr 03, 2019

Roserie v. Alexander's Kings Plaza, LLC

Sophia Roserie sued Alexander's Kings Plaza, LLC and Schindler Elevator Corp. for personal injuries sustained in an elevator accident. Schindler Elevator Corp. moved for summary judgment. The Supreme Court denied dismissal of the complaint against Schindler Elevator but granted dismissal of Roserie's claim for damages related to an exacerbation of her Chiari malformation, based on a Workers' Compensation Board finding. The Appellate Division, Second Department, affirmed both aspects of the Supreme Court's order. It found that Schindler Elevator failed to establish a prima facie entitlement to judgment dismissing the complaint and that the Workers' Compensation Board's prior determination regarding the Chiari malformation had collateral estoppel effect.

Elevator AccidentPersonal InjurySummary JudgmentCollateral EstoppelWorkers' Compensation BoardChiari MalformationNegligenceAppellate ReviewElevator MaintenancePrima Facie Burden

References

Case No. MISSING

Regular Panel Decision

Whiteside v. Morrison, Inc.

This workers' compensation appeal concerns Morrison, Inc.'s action against the Second Injury Fund for a portion of benefits awarded to its employee, James W. Whiteside. Whiteside suffered a totally disabling brain hemorrhage at work, exacerbated by a pre-existing vascular malformation. The trial court dismissed the employer's third-party complaint against the Second Injury Fund. The appellate court reversed, finding that Morrison, Inc. had sufficient actual knowledge of Whiteside's permanent pre-existing disability, despite not knowing the specific medical cause, to trigger the Second Injury Fund's liability under T.C.A. § 50-6-208(a). The case was remanded for apportionment of disability and calculation of interest.

Workers' CompensationSecond Injury FundPre-existing DisabilityTotal Permanent DisabilityBrain HemorrhageArteriovenous MalformationEmployer KnowledgeRemandAppellate ReviewTennessee Law

References

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Southard v. Corning Hotel Corp.

City of Bolivar v. Jarrett

Workers' CompensationPermanent Partial DisabilityMedical BenefitsCausationRemandScheduled Member InjuryHematuriaArteriovenous MalformationBlunt TraumaAppellate Review

Roserie v. Alexander's Kings Plaza, LLC

Elevator AccidentPersonal InjurySummary JudgmentCollateral EstoppelWorkers' Compensation BoardChiari MalformationNegligenceAppellate ReviewElevator MaintenancePrima Facie Burden

Whiteside v. Morrison, Inc.

Workers' CompensationSecond Injury FundPre-existing DisabilityTotal Permanent DisabilityBrain HemorrhageArteriovenous MalformationEmployer KnowledgeRemandAppellate ReviewTennessee Law