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

Case No. 03-15-00529-CV
Regular Panel Decision
Oct 01, 2015

Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC

Matthew Eric Kershner, an electrical apprentice for Spur Electric, Inc., was injured while working on a construction project for Samsung Austin Semiconductor, LLC. Kershner sustained a left knee injury after falling in a slippery cleaning solution. He received workers' compensation benefits from Spur Electric but also sued Samsung for negligence, claiming a breach of duty to maintain safe premises and warn of latent defects. Samsung filed a motion for summary judgment, asserting the "exclusive-remedy defense" under the Texas Labor Code, as it purchased workers' compensation coverage for subcontractors' employees. Kershner argued that the defense did not apply because Spur Electric was an independent contractor, not a dependent one, raising a genuine issue of material fact. The trial court granted Samsung's motion for summary judgment, leading to this appeal, where Kershner argues that Samsung failed to conclusively establish its right to the exclusive-remedy defense.

Workers' CompensationExclusive RemedySummary JudgmentIndependent ContractorPremises LiabilityNegligenceWorkplace AccidentTexas Labor CodeAppellate BriefTrial Court Order
References
3
Case No. LAO 0854553
Regular
Oct 01, 2007

DANIEL A. LONG vs. RYANS EXPRESS MOTORCOACH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant's temporary disability payments for a right shoulder injury terminated on February 28, 2007. The Board ruled that the surgical removal of a distal clavicle spur does not constitute an "amputation" under Labor Code Section 4656(c)(2), which requires severance of an external body part. Therefore, the applicant is not entitled to extended temporary disability benefits beyond the statutory 104-week limit.

Distal clavicleAmputation exceptionSection 4656(c)(2)Temporary disability termination104-week limitation240-week limitationRight shoulder surgeryRotator cuff tearJacob Tauber M.D.Hawkins v. Amberwood Products
References
2
Case No. MISSING
Regular Panel Decision

Claim of Gibbs v. New York City Health & Hospital Corp.

A claimant filed for workers' compensation due to work-related plantar fasciitis and heel spurs. The self-insured employer controverted the claim, and a Workers’ Compensation Law Judge (WCLJ) found accident and notice based on the claimant's testimony. The employer sought review from the Workers’ Compensation Board, which refused to consider the application, deeming the WCLJ's decision non-final and imposing a penalty for delay. This appeal ensued, and the Appellate Division dismissed it as premature. The court ruled that the Board's decision, declining review and imposing a penalty, was interlocutory and not presently appealable.

Workers' CompensationAppeal DismissedInterlocutory OrderPremature AppealWorkers' Compensation BoardSelf-Insured EmployerAccident and NoticePlantar FasciitisHeel SpursPenalty Assessment
References
3
Case No. 2022-07-0162
Regular Panel Decision
Feb 23, 2023

Garland, Jeffrey v. City of Savannah

Mr. Garland, a police officer for the City of Savannah, sought temporary disability benefits and medical expense reimbursement for a left-elbow injury following a fall on October 30, 2021. The City of Savannah defended based on causation and notice, citing Mr. Garland's pre-existing bursitis and his four-month delay in reporting the injury. Mr. Garland explained his delay by stating he initially believed his symptoms were due to bursitis until an MRI revealed a fractured bone spur. The Court found Mr. Garland unlikely to prove causation at trial, noting the lack of medical opinion linking the fall to the injury and inconsistencies in his testimony. Ultimately, the Court denied Mr. Garland's requests for benefits.

Expedited HearingCausation DisputeNotice of InjuryTemporary DisabilityMedical Expense ReimbursementLeft Elbow InjuryPolice OfficerSelf-Insured EmployerPre-existing ConditionTriceps Tendon Disruption
References
2
Case No. MISSING
Regular Panel Decision

Texas General Indemnity Co. v. Bomer

Appellant Insurance Co. appealed a worker's compensation case concerning James F. Bomer. Bomer, a truck driver, sustained a head injury and broken hand in an August 1974 accident, later developing dizziness due to a spinal cervical bony spur. He filed his worker's compensation claim late in March 1975, but the trial court permitted a trial amendment alleging good cause for the delay. The jury subsequently found that good cause existed for the late filing, that the injury was a producing cause of Bomer's total incapacity, and that his disability was permanent. The appellate court reviewed the points of error regarding the trial amendment and the sufficiency of evidence for the jury's findings, ultimately affirming the trial court's judgment.

Worker's CompensationAppealLate FilingGood CauseDisabilityPermanent DisabilityProducing CauseTrial AmendmentSufficiency of EvidenceTexas Law
References
11
Case No. MISSING
Regular Panel Decision

Aldrich v. St. Joseph's Hospital

Claimant, a licensed practical nurse, sought workers' compensation benefits for a bone spur in her foot and knee, which she attributed to repetitive walking required by her job since 1990. After an initial controversion, a Workers’ Compensation Law Judge established the case for occupational disease, notice, and causal relationship, awarding benefits. This decision was affirmed by the Workers’ Compensation Board. The employer and its carrier appealed, contending the condition was not a compensable occupational disease under Workers’ Compensation Law § 2 (15). The court found substantial evidence, including medical testimony, to support the Board's finding of a recognizable link between the claimant's condition and the distinctive feature of her occupation, specifically extensive walking on hard floors. Therefore, the decision finding a compensable occupational disease was affirmed.

Occupational DiseaseBone SpurLicensed Practical NurseRepetitive WalkingCausal RelationshipWorkers' Compensation LawMedical EvidenceAppellate ReviewFoot and Knee PainWorkers' Compensation Board Decision
References
4
Case No. MISSING
Regular Panel Decision

Riley v. Aetna Casualty & Surety

Plaintiff Joyce K. Riley suffered from plantar fasciitis and heel spurs due to repetitive manual labor at Collins & Aikman. Despite initial treatment and surgery by Dr. J. Wills Oglesby, her condition worsened. A second opinion from Dr. Alan S. Henson led to another surgery and a diagnosis of permanent partial disability, causing a permanent limp and back pain. The trial court awarded temporary total disability benefits and permanent partial disability. Defendants appealed on grounds of insufficient notice, the period of temporary total disability, and the nature of the disability. The Supreme Court affirmed the trial court's decision, finding adequate notice, justification for the disability period, and that the injury extended beyond a scheduled member to affect the body as a whole.

Worker's Compensation AppealTemporary Total DisabilityPermanent Partial DisabilityNotice RequirementsPlantar FasciitisHeel SpursRepetitive TraumaOccupational InjuryMedical EvidenceCausation
References
10
Case No. 2015-03-0074
Regular Panel Decision
Sep 18, 2015

Wallace, Robert L. v. Mark Conard dba Marcon Builders

Robert L. Wallace, an employee of Mark Conard d/b/a Marcon Builders, sustained a comminuted calcaneal fracture to his left ankle after falling ten feet from a ladder on January 15, 2015. Wallace sought medical and temporary disability benefits, but Marcon contended he was an independent contractor and had waived his workers' compensation rights through an exemption registry filing. The court found that Mrs. Conard had inappropriately applied for the exemption on Wallace's behalf, as he did not meet the criteria and did not knowingly waive his rights. Furthermore, the court concluded that Wallace was an employee of Marcon based on factors such as control of work, method of payment, and furnishing of equipment. Consequently, the court granted Wallace's request for medical benefits but denied temporary disability benefits due to insufficient medical proof regarding the duration of disability.

Expedited HearingMedical BenefitsTemporary DisabilityEmployee ClassificationIndependent ContractorExemption RegistryConstruction IndustryWorkplace InjuryAnkle FractureTennessee Law
References
8
Case No. MISSING
Regular Panel Decision

Claim of Brozzo v. St. Joe Minerals Corp.

The case involves an appeal by St. Joe Minerals Corporation from Workers’ Compensation Board decisions, filed January 24, 1990 and August 22, 1990, which found that the claimant sustained an accidental injury in the course of employment. The claimant, a mine worker, was injured in a 1982 accident, initially reporting an elbow injury but later developing a severe neck injury linked to the same event. The employer contested the claim, citing untimeliness under Workers’ Compensation Law §§ 18 and 28. However, the Board ruled that the employer waived these defenses by failing to raise them appropriately. The Board's finding of a compensable neck injury, supported by medical testimony from Michael Owen indicating a causal link between the 1982 trauma and the claimant's later bone spurs and spinal issues, was affirmed. The court also found substantial evidence to support the Board's conclusion that the claimant's loss of earnings was due to disability.

Workers' Compensation BoardAccidental InjuryNeck InjuryElbow ContusionBone SpurSpinal Cord PressureDelayed Onset InjuryWaiver of DefenseTimeliness of ClaimMedical Causation
References
7
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