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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Mason v. Texas Employers' Insurance Ass'n

Charlie Mason, a 53-year-old truck driver, died of a heart attack while working a night shift in freezing weather. His widow filed a worker's compensation claim, asserting the heart attack was an occupational disease or an accidental injury resulting from his strenuous work conditions and long hours. The jury determined Mason had a heart attack but found it did not occur in the course of his employment. The appellate court affirmed the trial court's 'take nothing' judgment, finding no error in the jury instructions regarding the definition of 'occupational disease' or the refusal to include a specific definition of 'accidental injury'.

Worker's CompensationHeart AttackOccupational DiseaseCourse of EmploymentJury InstructionsAccidental InjuryAppellate ReviewCausationTexas LawTruck Driver
References
6
Case No. MISSING
Regular Panel Decision

the Claim of Brigandi v. Town & Country Linoleum & Carpet

This case involves an appeal by an employer and its compensation carrier against decisions made by the Workers’ Compensation Board. The decedent, a carpet layer, died from cardiac arrest during work, with an autopsy revealing underlying coronary atherosclerotic disease. His widow was awarded death benefits. The employer’s carrier sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 15 (8), asserting a preexisting permanent physical impairment. However, the Board determined that there was no evidence that the decedent’s heart condition hindered his job potential before his death, thus releasing the Special Disability Fund from liability and holding the compensation carrier responsible. The employer's subsequent application for reconsideration was denied by the Board, leading to these appeals. The appellate court affirmed the Board's decisions, concluding that the Board rationally found no proof that the decedent's heart disease impaired his job potential, a necessary condition for reimbursement under WCL § 15 (8) (d).

Special Disability FundPreexisting Permanent ImpairmentCardiac ArrestCoronary Atherosclerotic DiseaseDeath Benefits ClaimEmployer ReimbursementCarrier LiabilityBoard Decision ReviewAppellate AffirmationMedical Evidence Interpretation
References
2
Case No. MISSING
Regular Panel Decision

Fain v. St. Paul Insurance Co.

The worker, Janeral D. Fain, appealed a take-nothing judgment in a worker's compensation case against St. Paul Insurance Company. Fain claimed a heart injury from an accident at work on December 6, 1977, but the jury failed to find this injury. The court reviewed all evidence to determine if Fain conclusively established the injury or if the jury's finding was against the great weight of evidence. Fain's doctors noted atherosclerotic heart disease and a recent heart attack. While physical strain could be an aggravating cause, a doctor could not positively link work activity as the direct cause. The court concluded Fain failed to conclusively establish an on-the-job heart injury and affirmed the trial court's judgment.

Heart InjuryMyocardial InfarctionAtherosclerotic Heart DiseaseCausationMedical EvidenceJury Verdict ReviewAppellate AffirmationPhysical Exertion AggravationCardiology FindingsSufficiency of Evidence
References
8
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
1
Case No. 03-14-00717-CV
Regular Panel Decision
Dec 04, 2014

Vivek Goswami, M.D. and Austin Heart, PLLC v. Nancy Jo Rodriguez

Nancy Jo Rodriguez filed a health care liability claim against Vivek Goswami, M.D., and Austin Heart, PLLC, alleging negligence related to her continued use of the drug Pradaxa. Rodriguez claims that despite an order from Dr. David Kessler to discontinue Pradaxa, Dr. Goswami failed to follow this order, and nurses/staff at Austin Heart authorized refills. This, she alleges, led to her hospitalization. Appellants objected to the expert report by Dr. Jeffrey A. Breall, arguing it was conclusory, lacked factual support, and failed to adequately define the standard of care, breach, and causation for each appellant. The trial court denied Appellants' motion to dismiss, finding Dr. Breall's report adequate. Appellants are appealing this denial, contending the trial court abused its discretion as the report did not constitute a good-faith effort to comply with Chapter 74 requirements, effectively negating its purpose by concealing facts and offering vague conclusions.

Medical MalpracticeExpert Report AdequacyTexas Civil Practice and Remedies CodeAbuse of DiscretionStandard of CareBreach of DutyCausationConclusory Expert OpinionsMotion to DismissPradaxa Medication
References
24
Case No. 03-02-00196-CV
Regular Panel Decision
Aug 29, 2003

Heart Hospital IV, L.P. and Texas Workforce Commission v. Charles A. King

Charles A. King, an employee of Heart Hospital IV, L.P., was denied unemployment benefits by the Texas Workforce Commission (TWC) after failing a drug test. King sought judicial review, initially filing in Travis County and later refiling in Bastrop County, 125 days after the TWC's final decision. Heart Hospital and TWC challenged the refiling, arguing King missed the 14-day statutory deadline for judicial review. The district court denied TWC's plea to the jurisdiction. The Court of Appeals reversed, holding that the 14-day deadline in the labor code is a jurisdictional prerequisite, making the sixty-day tolling provision of section 16.064 and equitable tolling inapplicable. Consequently, the district court lacked jurisdiction, and the cause was dismissed.

Unemployment BenefitsJurisdictional PrerequisiteStatutory DeadlinesJudicial ReviewTexas Labor CodePlea to JurisdictionTolling ProvisionsEquitable TollingCourt of AppealsAdministrative Law
References
16
Case No. ADJ8279816 ADJ9818108
Regular
Aug 29, 2017

JAY SEVOIAN vs. COUNTY OF LOS ANGELES

This case involves a deputy sheriff seeking workers' compensation for cumulative industrial injuries. The Administrative Law Judge (ALJ) found compensable injuries to the applicant's knees, asthma, sleep disorder, hemorrhoids, irritable bowel syndrome, and hypertensive heart disease. The Defendant sought reconsideration, arguing that the hypertensive heart disease should only be attributed to the later injury date. The Board denied reconsideration, adopting the ALJ's report, which found that the stress from the original cumulative injury contributed to the hypertensive heart disease as a "new and further disability" or a "compensable consequence injury." Therefore, the injuries were correctly combined for a single permanent disability award, with no apportionment.

Workers' Compensation Appeals BoardDeputy SheriffCumulative InjuryHypertensive Heart DiseaseLabor Code Section 3212Permanent DisabilityApportionmentNew and Further DisabilityCompensable Consequence InjuriesAgreed Medical Evaluator
References
5
Case No. MISSING
Regular Panel Decision

Helton v. State

Herbert Joe Helton appealed a Tennessee Claims Commission decision that denied him medical benefits for heart disease. Helton, a former state employee, first experienced coronary issues in 1977, necessitating a double coronary bypass, with subsequent medical expenses paid by the State of Tennessee under workers' compensation. In 1988, while employed by the City of Lakeside, he required additional heart surgery. His cardiologist, Dr. Noel Hunt, testified that the 1988 condition was a progression of the original 1977 heart disease, not a new injury. The Claims Commission initially applied the "last injurious exposure" rule, holding the City of Lakeside liable. However, the appellate court reversed, clarifying that where a prior compensable injury contributes to a later disability without new work conditions causing it, the first employer is liable, and for occupational diseases, the date of incapacity determines the applicable law.

Workers' CompensationOccupational DiseaseHeart DiseaseBypass SurgeryLast Injurious Exposure RuleCausationMedical BenefitsClaims CommissionSuccessive InjuryEmployer Liability
References
3
Case No. MISSING
Regular Panel Decision

Claim of Berland ex rel. Berland v. P. Mackner & Co.

The Workers' Compensation Board disallowed a claim for benefits, ruling that the death of the claimant's decedent was not causally related to a prior accident. The decedent died on January 27, 1997, due to cardiopulmonary arrest, cardiac arrest, and atherosclerotic heart disease, with cerebrovascular accident and gastrointestinal bleeding as contributing conditions. The prior accident, on December 11, 1952, had resulted in leg injuries. The claimant failed to provide prima facie medical evidence establishing a causal connection between the 1952 accident and the 1997 death from a heart condition. The court affirmed the Board's determination, finding substantial evidence to support the lack of causal relationship.

Causal RelationshipWorkers' Compensation BenefitsDeath ClaimHeart DiseasePrior AccidentMedical EvidenceBurden of ProofSubstantial EvidenceBoard DeterminationAppellate Review
References
2
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