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

Case No. 2016-02-0282
Regular Panel Decision
Dec 15, 2017

Moffitt, David v. Allied Metals Company

David Moffitt, a welder, filed a workers' compensation claim for lumbar and cervical injuries sustained on March 26, 2015. While the parties stipulated a compensable lumbar injury, the central dispute revolved around the causation of the cervical injury. The Court, presided over by Judge Brian K. Addington, ultimately ruled that Mr. Moffitt failed to prove the work-related causation of his cervical injury, citing a lack of early complaints and the more persuasive opinions of Drs. Duncan and Brasfield over Dr. Lorio. Consequently, Moffitt was awarded permanent partial disability and temporary total disability benefits solely for his lumbar injury, with attorney fees and costs also assessed, while benefits for the cervical injury were denied. The Court also made alternative findings for appellate review regarding the cervical injury.

Workers' CompensationLumbar InjuryCervical InjuryCausation DisputePermanent Partial DisabilityTemporary Total DisabilityMedical Opinion ConflictAuthorized Treating PhysicianSpinal StenosisDisc Herniation
References
3
Case No. 2-07-151-CV
Regular Panel Decision
Oct 02, 2008

Gail Smith v. Dr. Alan Henson, D.C.

Gail Smith appealed a jury verdict against Dr. Alan Henson, D.C., concerning her negligence claim for alleged non-consensual cervical manipulation during treatment for work-related carpal tunnel syndrome and hip problems. Smith argued the trial court erred by excluding evidence related to workers' compensation and by making an improper comment on the evidence. The Court of Appeals for the Second District of Texas affirmed the trial court's judgment, holding that Smith failed to preserve error on her complaints by not objecting to the trial court's instructions or comments during trial. A dissenting opinion by Justice Sue Walker argued that an objection to a trial court's ruling is not required to preserve error, stating that the appellate rules disavow the necessity of objecting to a trial court ruling.

NegligenceMedical MalpracticeChiropractic TreatmentWorkers' CompensationAppellate ProcedureError PreservationJury InstructionsImproper CommentCivil ProcedureTexas Law
References
5
Case No. 2019-07-0191
Regular Panel Decision
Mar 26, 2020

Gillum, Mary v. Dollar General Corp.

The Court held an Expedited Hearing regarding Mary Gillum's request for medical and temporary disability benefits for an alleged cervical injury sustained while working for Dollar General Corp. Dollar General contended the injury did not arise primarily out of employment and moved for dismissal, which the Court denied. The Court found sufficient proof that Ms. Gillum is likely to prevail at trial regarding an acute cervical strain, though not for her underlying chronic cervical spondylosis. Consequently, the Court ordered Dollar General to provide a panel of physiatrists for nonoperative treatment for her acute cervical strain and to pay temporary disability benefits from the date of injury through April 20, 2018.

Workers' CompensationCervical InjuryAcute StrainTemporary Disability BenefitsMedical BenefitsCausationExpedited HearingSpondylosisDegenerative ChangesPanel of Physicians
References
2
Case No. 2017-01-0401
Regular Panel Decision
May 29, 2018

Owens, Sheila v. Sitters, Etc.

The employee, Sheila Owens, sustained shoulder and back injuries and alleged aggravation of a pre-existing cervical condition while performing her job duties for Sitters, Etc. The employer accepted the shoulder and back injuries as compensable but denied the cervical condition aggravation. The trial court initially determined the employee presented sufficient proof for her cervical condition to establish she would likely prevail and ordered medical benefits. However, the Workers’ Compensation Appeals Board reversed the trial court’s determination, concluding that the expert medical proof did not sufficiently establish that the work incident primarily caused the aggravation of her pre-existing cervical condition as required by Tennessee law. The case was remanded.

Cervical Spine InjuryPre-existing ConditionAggravation of InjuryCausationMedical BenefitsReversed and RemandedMedical Expert TestimonyIndependent Medical Evaluation (IME)Lumbar StrainShoulder Injury
References
10
Case No. ADJ7924562
Regular
Sep 19, 2014

RAUL HERNANDEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The applicant sought reconsideration of a WCJ decision that found an industrial injury to the low back but not the cervical spine or left ankle, with no permanent disability or further medical treatment. The applicant argued the QME's reports were insubstantial and that prior permanent disability was not considered. The Appeals Board granted reconsideration to amend the original award to include injury to the cervical spine, affirming the remainder of the decision. Therefore, the applicant sustained injury to his low back and cervical spine.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjuryCervical Spine InjuryPermanent DisabilityFurther Medical TreatmentPanel Qualified Medical EvaluatorLabor Code Section 4664(b)
References
0
Case No. MISSING
Regular Panel Decision

Claim of Pulos v. Asplundh Tree

Claimant, a tree trimmer, had an existing claim for bilateral carpal tunnel syndrome and later sought to include a cervical spine condition as an occupational disease. A workers' compensation law judge initially disallowed this amendment, but the Workers' Compensation Board reversed, finding the cervical condition was dormant and non-disabling, and that the claimant's work activities aggravated it. The employer appealed this decision. The court affirmed the Board's ruling, concluding there was substantial evidence to support the finding that the claimant's preexisting cervical condition was activated by the distinctive features of his employment.

Occupational DiseaseCervical Spine InjuryCarpal Tunnel SyndromePreexisting ConditionAggravation of InjuryWorkers' Compensation LawJudicial ReviewAppellate DecisionTree TrimmingWork Activities
References
3
Case No. ADJ1337074 (GRO 0034564) ADJ1286218 (GRO 0034565)
Regular
Jun 24, 2009

Dave Gerletti vs. SANTA MARIA AIRPORT DISTRICT, GREGORY BRAGG STOCKTON

The Workers' Compensation Appeals Board denied Dave Gerletti's petition for reconsideration of an award for a cumulative trauma injury to his cervical spine and lungs. The original award found 35% permanent disability, apportioning 50% of the cervical spine disability to non-industrial factors based on a Qualified Medical Evaluator's opinion of degenerative changes. The majority affirmed the WCJ's reliance on this opinion, finding it adequately explained. A dissenting opinion argued the QME's apportionment was speculative and improperly based on age and genetics, recommending an unapportioned award for the cervical spine injury.

Workers' Compensation Appeals Boardcumulative traumacervical spinelungspermanent disabilityapportionmentQualified Medical EvaluatorAgreed Medical Examinerarthritic degenerationnon-industrial factors
References
1
Case No. ADJ7288330
Regular
Oct 03, 2016

GLORIA BENITEZ vs. NEWPORT SUBACUTE HEALTH CARE CENTER, ALASKA NATIONAL INSURANCE COMPANY

The applicant, Gloria Benitez, sought to reopen her workers' compensation claim to include injury to additional body parts beyond her cervical spine and psyche. The original award found injury only to the cervical spine and psyche, with a 19% permanent disability rating for the cervical spine. While the WCJ's initial decision denied injury to additional body parts, the Board granted reconsideration. The Board amended the original findings to defer the issue of injury to the alleged additional body parts, while affirming other aspects of the WCJ's order, including the appointment of a regular physician to evaluate new and further disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderNew and Further DisabilityAgreed Medical ExaminerRegular PhysicianLabor Code Section 5410Petition to ReopenIndustrial InjuryCervical Spine
References
4
Case No. 03-04-00242-CV
Regular Panel Decision
Oct 20, 2005

Jean D. O'Neill v. Zurich American Insurance Company

Jean D. O’Neill appealed a judgment affirming a jury’s findings regarding her workers’ compensation claim. O Neil, who sustained a back injury at work in 1999, had pre-existing cervical and back problems. The core dispute revolved around her maximum medical improvement (MMI) date, impairment rating, and whether her cervical injury was work-related. Both a hearing officer and a jury determined her MMI was January 20, 2000, with a 3% impairment rating, and excluded her cervical injury from compensable claims. The appellate court affirmed, finding no error in evidentiary rulings and sufficient evidence to support the jury's verdict.

Medical Impairment RatingMaximum Medical Improvement (MMI)Cervical Spine InjuryThoracic InjuryEvidentiary RulingsSufficiency of EvidencePro Se LitigantJury VerdictAppellate ReviewTexas Court of Appeals
References
10
Case No. 13-99-746-CV
Regular Panel Decision
Aug 31, 2001

Colonial Casualty Insurance Company v. Garcia, Osler G.

Osler G. Garcia, an employee, sustained a compensable injury to his cervical spine and back while working. His workers' compensation claim resulted in a dispute over his impairment rating. The hearing officer and TWCC Appeals Panel found his impairment rating to be seventeen percent as determined by the designated doctor, Dr. Rodney Simonsen. Colonial Casualty Insurance Company, the employer's insurer, sought judicial review, challenging the finding of a cervical spine injury and the seventeen percent impairment rating. The trial court affirmed the commission's findings, and on appeal, the Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support both the cervical injury and the impairment rating based on Dr. Simonsen's reports.

Workers' CompensationImpairment RatingCervical Spine InjuryBench TrialMedical EvidenceAMA GuidesAppellate ReviewSubstantial EvidenceTrial Court AffirmanceDesignated Doctor
References
7
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