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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

Kilpatrick v. Emerson Electric Co.

In this worker's compensation case, the Chancellor found that Mrs. Kilpatrick sustained an occupational disease while employed with Emerson Electric Company and awarded benefits including 75% permanent partial disability. The defendant appealed this award, but the court affirmed the Chancellor's decree, finding substantial evidence from a dermatologist, Dr. Robert L. Kaplan, and a vocational expert, Dr. Lome Semrau, to support the plaintiff's disability due to work-related allergies. The court also deemed the defendant's appeal frivolous and awarded damages, including attorney's fees, to Mrs. Kilpatrick.

Occupational DiseaseAllergy DermatitisPermanent Partial DisabilityVocational DisabilityFrivolous AppealDamages AwardedMedical Expert TestimonyVocational Expert TestimonyWork-Related InjuryChemical Sensitivity

References

Case No. 2016-08-0669

Regular Panel Decision

Nov 30, 2016

Holyfield, Eve v. Senior Helpers

Eve Holyfield, a caregiver, filed a Request for Expedited Hearing seeking medical and temporary disability benefits for scabies she claimed developed while caring for a client. Her employer, Senior Helpers, and their insurance carrier, Travelers Commercial Casualty Co., denied the claim, asserting a lack of work-related causation. The Court of Workers' Compensation Claims at Memphis, presided over by Judge Jim Umsted, conducted a file review. The Court weighed conflicting medical opinions, siding with dermatologist Dr. James Turner who discounted a work-related cause, over Nurse Practitioner Floyd Gresham. Consequently, the Court denied Holyfield's request for benefits, finding her unlikely to prevail on the issue of causation.

ScabiesOccupational InjuryCausation DisputeMedical Expert TestimonyWorkers' Compensation LawExpedited ProceedingsFile Review DecisionDermatological ConditionEmployer ResponsibilityInsurance Claim Denial

References

Case No. MISSING

Regular Panel Decision

Claim of McDonald v. Danforth

Claimant, a heavy construction worker, sustained a hand burn in August 1996, which led to the development of psoriasis affecting multiple body parts. His treating dermatologist determined the psoriasis was causally related to his employment due to aggravation from heavy tools and work. The employer contested this, but their expert's report, while noting genetic predisposition, conceded the possibility of work-related aggravation and onset after the burn. The Workers’ Compensation Board affirmed the finding of causal relationship and denied the employer's request for an adjournment for expert testimony. The appellate court affirmed the Board's decision, citing the presumption in favor of claimant's medical reports and finding no prejudice to the employer. The court also clarified that aggravation of a non-occupational condition can lead to benefits if a distinctive employment feature causes a new disability.

Workers' CompensationPsoriasisCausal RelationshipAggravation of Pre-existing ConditionMedical EvidenceAdjournment DenialExpert TestimonyWorkers' Compensation LawOccupational DiseaseAppellate Review

References

Case No. MISSING

Regular Panel Decision

Standard Fire Insurance Company v. Cuellar

Marcos M. Cuellar, an employee of Stowers Furniture Company, suffered an insect sting on April 4, 1969, while driving a company truck, leading to total permanent disability. The Standard Fire Insurance Company, the workmen's compensation carrier, appealed the jury's finding of disability, arguing insufficient evidence for the sting and lack of causal relationship between the employment and injury. The appellate court reviewed the evidence, including Cuellar's testimony, a co-worker's account, and a dermatologist's opinion, affirming the jury's finding that the sting occurred. The court also rejected the argument that the insect sting was not a risk inherent to the employment, citing precedents where similar arguments were overruled in workmen's compensation cases involving insect stings. The trial court's judgment awarding Cuellar recovery for total permanent disability was affirmed.

Workmen's CompensationInsect Sting InjuryTotal Permanent DisabilityCourse of EmploymentCausal RelationshipRisk of EmploymentJury FindingsAppellate ReviewMedical EvidenceTrial Court Affirmed

References

Case No. 2018-03-0282

Regular Panel Decision

Jul 26, 2018

Teague, James v. Proimage Wholesale Signs, LLC

James Teague, an employee, sought an expedited hearing for medical benefits related to bilateral hand numbness and weakness, which he attributed to chemical exposure at work. Earlier, he was diagnosed with allergic contact dermatitis by treating dermatologists, Drs. Quyn Rahman and Kemunto Mokaya. An independent medical evaluation by Dr. C.M. Salekin suggested chemical-induced peripheral neuropathy, but the authorized treating physician, Dr. Mokaya, later expressed uncertainty regarding the causal link between his work exposure and neurological issues, recommending a neurologist's evaluation. The Court concluded that Mr. Teague failed to establish a likelihood of prevailing on the merits for causation of his neurological symptoms. Nevertheless, it ordered the employer, Prolmage Wholesale Signs, LLC, and its carrier, EMC Insurance Company, to provide medical treatment, specifically an appointment with a panel-selected neurologist, based on Dr. Mokaya's recommendation.

Workers' CompensationMedical BenefitsExpedited HearingNeuropathyContact DermatitisChemical ExposureCausation DisputeTreating Physician OpinionIMEPanel of Physicians

References

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Kilpatrick v. Emerson Electric Co.

Holyfield, Eve v. Senior Helpers

Claim of McDonald v. Danforth

Workers' CompensationPsoriasisCausal RelationshipAggravation of Pre-existing ConditionMedical EvidenceAdjournment DenialExpert TestimonyWorkers' Compensation LawOccupational DiseaseAppellate Review

Standard Fire Insurance Company v. Cuellar

Workmen's CompensationInsect Sting InjuryTotal Permanent DisabilityCourse of EmploymentCausal RelationshipRisk of EmploymentJury FindingsAppellate ReviewMedical EvidenceTrial Court Affirmed

Teague, James v. Proimage Wholesale Signs, LLC

Workers' CompensationMedical BenefitsExpedited HearingNeuropathyContact DermatitisChemical ExposureCausation DisputeTreating Physician OpinionIMEPanel of Physicians