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

Case No. NO. 07-09-0348-CV
Regular Panel Decision
Jan 13, 2010

Covenant Health System D/B/A Covenant Medical Center v. Dean Foods Company, a Certified Self-Insured

Covenant Health Systems, acting as an intervenor, appealed the trial court's decision to grant a plea to the jurisdiction filed by Dean Foods Company. Dean Foods contended that the trial court lacked subject matter jurisdiction because Covenant failed to exhaust administrative remedies by not pursuing Medical Dispute Resolution with the Texas Workers Compensation Commission (TWCC) and not appealing a Contested Case Hearing Officer's Decision to the TWCC Appeals Panel. Additionally, Covenant filed an objection and motion to strike or correct the clerk's record, citing omitted requested documents and the inclusion of unrequested documents. The court directed Covenant to request omitted documents via a supplemental record but denied the motion to strike or correct, stating that document inclusion does not imply relevance.

Texas Appellate CourtAppellate ProcedureClerk's RecordPlea to the JurisdictionAdministrative RemediesWorkers' CompensationMotion to StrikeSupplemental RecordSubject Matter JurisdictionMedical Dispute Resolution
References
2
Case No. 07-09-0348-CV
Regular Panel Decision
Aug 24, 2011

Covenant Health System D/B/A Covenant Medical Center v. Dean Foods Company, a Certified Self-Insured

Covenant Health System appealed the trial court's order dismissing its claims against Dean Foods Company for lack of subject matter jurisdiction. Covenant had intervened in an injured employee's suit to recover medical expenses incurred for a work-related injury. Dean Foods had denied full payment, claiming the second knee operation was non-compensable. While administrative panels initially affirmed non-compensability, a jury later found the injury compensable. The appellate court reversed the dismissal, holding that Covenant, as a subclaimant, was not required to join the employee's appeals or undergo medical dispute resolution for the undisputed portion of medical bills. The case was remanded for further proceedings consistent with the opinion.

Workers' CompensationMedical ExpensesSubject Matter JurisdictionAdministrative RemediesMedical Dispute ResolutionAppellate ReviewTexas Labor CodeJudicial ReviewSubclaimantCompensability
References
103
Case No. E2014-01399-COA-R3-CV
Regular Panel Decision
Jun 09, 2015

Connie Raby v. Covenant Health

Connie Raby sued Covenant Health, Rentenbach Engineering Company, and TEG Architects, LLC, alleging negligence due to excessive radiation exposure from unshielded radiology facilities at Methodist Hospital. Defendants sought summary judgment based on the construction statute of repose, arguing the project was substantially complete by March 23, 2006, and the statute had expired. The Trial Court granted summary judgment, a decision which Connie Raby appealed. The Court of Appeals affirmed, ruling that the facilities were substantially complete as intended, regardless of defects, and the statute of repose applied, thereby defeating Raby's claims. The appellate court also found no abuse of discretion in denying Raby's motion to add Methodist Medical Center as a party or in limiting discovery.

Construction NegligenceStatute of ReposeSummary JudgmentSubstantial CompletionRadiation ExposureAppellate ReviewTrial Court DiscretionMedical Facilities ConstructionTort LawDesign Defect
References
35
Case No. E2014-01409-COA-R3-CV
Regular Panel Decision
Jun 09, 2015

Keith Gillis v. Covenant Health

Plaintiff Keith Gillis sued Covenant Health, Rentenbach Engineering Company, and TEG Architects, LLC, alleging construction negligence and damages from excessive radiation exposure due to omitted lead shielding in a hospital's radiology facilities. The Trial Court granted summary judgment for the defendants, citing the construction statute of repose and finding the project substantially complete by March 2006. On appeal, Plaintiff argued that the defect prevented substantial completion and sought to add Methodist Medical Center as a party. The Court of Appeals affirmed, holding that substantial completion occurred when the facility could be used for its intended purpose, despite defects, and that the statute of repose barred the claims. The court also found no abuse of discretion in denying the motion to amend or limiting discovery.

construction negligencestatute of reposesummary judgmentradiation exposurelead shieldingsubstantial completionappellate reviewabuse of discretionpleading requirementsfraud
References
33
Case No. E2014-01405-COA-R3-CV
Regular Panel Decision
Jun 09, 2015

Michael Phillips v. Covenant Health

Plaintiff Michael Phillips sued Covenant Health, Rentenbach Engineering Company, and TEG Architects, LLC, alleging construction negligence and excessive radiation exposure due to missing lead shielding in radiology facilities. Defendants moved for summary judgment, citing the statute of repose, arguing the project was substantially completed in March 2006. The Trial Court granted summary judgment, finding the statute of repose applied and no exceptions for fraud were adequately pleaded, a decision the Court of Appeals affirmed. The appellate court held that substantial completion occurs when a project can be used for its intended purpose, even with defects, thus the statute of repose had expired before the lawsuit was filed in January 2014. Additionally, the Trial Court's denial of Plaintiff's motion to amend and its limitation of discovery were upheld, as they did not constitute an abuse of discretion.

Construction negligenceStatute of reposeSubstantial completionRadiation exposureSummary judgmentAppellate reviewAbuse of discretionDiscovery limitationsFraudulent concealmentDefective construction
References
29
Case No. E2014-01408-COA-R3-CV
Regular Panel Decision
Jun 09, 2015

Mary Ridenour v. Covenant Health

This appeal concerns a construction negligence case where Mary Ridenour and Jacob Ross Ridenour (Plaintiffs) sued Covenant Health, Rentenbach Engineering Company, and TEG Architects, LLC (Defendants) for damages from excessive radiation exposure. Plaintiffs alleged that the absence of lead shielding in radiology facilities at Methodist Hospital caused the exposure. The Circuit Court for Anderson County granted summary judgment to the Defendants, citing the construction statute of repose, Tenn. Code Ann. § 28-3-202, as a complete defense. The Trial Court found that the project was substantially complete by March 23, 2006, and the lawsuit, filed in January 2014, was outside the four-year statute of repose. The Court of Appeals affirmed the Trial Court's decision, holding that substantial completion is met when a project can be used for its intended purpose, regardless of defects, and that no exceptions to the statute of repose (such as fraud or wrongful concealment) were adequately pleaded. The Court also affirmed the denial of Plaintiffs' motion to amend to add Methodist Medical Center of Oak Ridge (MMC) as a party and the limitation of discovery.

Construction NegligenceStatute of ReposeSummary JudgmentSubstantial CompletionAppellate ReviewRadiation ExposureMedical Facility LiabilityFraudulent ConcealmentMotion to AmendDiscovery Abuse
References
30
Case No. E2014-01410-COA-R3-CV
Regular Panel Decision
Jun 09, 2015

Micah Noelle Lewellen v. Covenant Health

This appeal arises from a construction negligence case where Plaintiffs, Micah Noelle Lewellen and Cale Ryan Lewellen, sued Covenant Health, Rentenbach Engineering Company, and TEG Architects, LLC. Plaintiffs alleged damages from excessive radiation exposure due to a lack of shielding in Methodist Hospital's radiology facilities. The Trial Court granted summary judgment to Defendants, asserting the construction statute of repose. The Court of Appeals affirmed this decision, finding that the radiology facilities were substantially complete by March 2006, despite the defect, and thus the statute of repose had expired, defeating Plaintiffs' claims. The appellate court also upheld the denial of Plaintiffs' motion to amend to add Methodist Medical Center as a party and the limitation of discovery.

Construction NegligenceStatute of ReposeSummary JudgmentRadiation ExposureSubstantial CompletionAppellate ReviewTrial Court AffirmationFraudulent ConcealmentMotion to AmendDiscovery Limitation
References
39
Case No. 2025-20-0343
Regular Panel Decision
Aug 13, 2025

Kenney, Tracy v. Covenant Logistics Group, Inc.

The employee, Tracy Kenney, Jr., appealed the trial court's decision denying his request for additional medical and disability benefits following a work-related hit-and-run accident in March 2024. The employee claimed improper medical panels, invalid impairment ratings, and entitlement to further benefits. The trial court found the employer, Covenant Logistics Group, Inc., had fulfilled its statutory obligations regarding medical and disability benefits. The Workers' Compensation Appeals Board affirmed the trial court's decision, concluding that the employee failed to provide sufficient legal argument or medical proof to rebut the trial court's findings and did not meet his burden of showing he would likely prevail at trial. The case was remanded for further proceedings.

Medical Treatment DisputesDisability Benefits ClaimsWorkers' Compensation AppealsImpairment Rating ValidityEmployer Statutory ObligationsMedical Panel SelectionInterlocutory AppealScope of Employment InjuryRotator Cuff InjuryTrial Court Affirmation
References
3
Case No. 2018-01-0756
Regular Panel Decision
Jul 23, 2019

Judy, Kevin v. Covenant Transport, Inc.

Kevin Judy, an employee, filed a Petition for Benefit Determination (PBD) against Covenant Transport, Inc., and New Hampshire Insurance Company, alleging a bilateral wrist injury. Covenant Transport, Inc. moved for summary judgment, arguing that Mr. Judy's PBD was filed more than one year after their last payment for his claimed work injury, thus exceeding the statute of limitations. The Court found that Covenant last paid medical expenses on September 1, 2017, and Mr. Judy filed his PBD on October 23, 2018, which is more than one year later. The Court determined that Mr. Judy failed to establish a genuine issue of material fact regarding the expiration of the limitations period. Therefore, the Court granted summary judgment in favor of Covenant Transport, Inc. and dismissed Mr. Judy's claim with prejudice to its refiling.

Summary JudgmentStatute of LimitationsPetition for Benefit DeterminationWorkers' Compensation ClaimLast Payment DateUntimely FilingClaim DismissalBilateral Wrist InjuryEmployer DefenseMedical Expenses
References
1
Case No. MISSING
Regular Panel Decision
Feb 18, 2026

Greene, Troy v. Covenant Homecare

The document, dated February 18, 2026, originates from the Tennessee Court of Workers' Compensation Claims. It contains an order concerning a filing fee, which is assessed against Covenant Homecare. The order mandates that Covenant Homecare pay this fee within five days of its entry. Additionally, the document includes a Certificate of Service, confirming that copies of the order were electronically sent to George R. Garrison, the Employee’s Attorney, and R. Kim Burnette, the Employer’s Attorney, on the same date. The certificate is signed by Penny Shrum, the Court Clerk.

Filing FeeWorkers' CompensationOrderService of ProcessAttorney RepresentationCourt ClerkEmployer LiabilityTennessee Court
References
0
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