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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

Claim Eccles v. Truck-Lite, Inc.

The claimant sustained a head injury after falling from a chair at work and sought workers' compensation benefits. The employer and its carrier disputed the claim, attributing the fall to a non-work-related medical condition. The Workers' Compensation Board ruled that the accident and injuries were not caused by the claimant's preexisting diabetic condition and awarded benefits. The employer and carrier appealed. The court affirmed the Board's decision, noting the Board's authority to assess witness credibility and medical expert opinions, and found the presumption of compensability under Workers’ Compensation Law § 21 had not been rebutted. The court also upheld the Board's rejection of the argument that the claim should be denied due to a violation of Workers’ Compensation Law § 114-a.

Workers' CompensationFall from ChairHead InjuryDiabetic ConditionHypoglycemiaPresumption of CompensabilityCredibility AssessmentMedical Expert OpinionAppellate ReviewSection 21 WCL
References
4
Case No. ADJ2590975 (STK 0190237)
Regular
Sep 12, 2011

RAFAEL DELEON vs. STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, adjusted by STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board affirmed a prior award granting medical treatment for applicant's diabetes. Despite the defendant's argument that diabetes treatment was for a non-industrial condition, the Board found it necessary to prevent worsening of the applicant's industrially caused heart disease. Medical evaluators concluded that controlling diabetes is an essential component of treating industrial heart conditions, making the treatment compensable. The decision hinges on the principle that treatment for non-industrial conditions is covered when essential to cure or relieve the effects of an industrial injury.

Workers' Compensation Appeals BoardIndustrial InjuryHeart ConditionDiabetesGastrointestinal DifficultiesAgreed Medical EvaluatorTreating PhysicianCardiologistMedical TreatmentLabor Code Section 4600
References
9
Case No. MISSING
Regular Panel Decision

Matter of Phelan v. Bethpage State Park, New York State Department of Parks & Recreation

Claimant, a groundskeeper for over 35 years at a state park, developed a diabetic ulceration with osteomyelitis in his right foot, necessitating surgery and partial amputation. He filed for workers' compensation benefits, attributing his condition to cold exposure from his outdoor work. The employer and carrier controverted the claim, arguing the condition stemmed from diabetes, not his employment. Initially, a Workers’ Compensation Law Judge found a causally related occupational disease and awarded benefits. However, the Workers’ Compensation Board reversed this decision, disallowing the claim due to a lack of causally related occupational disease. On appeal, the court affirmed the Board's determination, concluding that the claimant's condition was alleged to result from an environmental condition rather than a distinctive feature of his occupation, and that the submitted medical evidence of a causal relationship was not compelling.

Occupational DiseaseCausal RelationshipDiabetic UlcerationOsteomyelitisCold ExposureGrounds KeepingWorkers' Compensation BenefitsMedical EvidenceAppellate ReviewWorkers’ Compensation Board Reversal
References
7
Case No. MISSING
Regular Panel Decision
May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability
References
11
Case No. 2-09-265-CV
Regular Panel Decision
Oct 28, 2010

Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. v. Shelby Jackson

Appellants Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. appealed a judgment following a bench trial in favor of Appellee Shelby Jackson. The appellants contended that the evidence was legally and factually insufficient to establish DTPA violations, economic damages, an unconscionable act by Norris, mental anguish damages, and entitlement to treble damages or attorney's fees. The trial court found that Avery violated the DTPA by misrepresenting rights and failing to disclose information, causing $500 in economic damages, which were trebled. It also found Norris committed an unconscionable act intentionally, causing $2,500 in mental anguish damages, also trebled. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support all findings.

Deceptive Trade Practices ActDTPA ViolationUnconscionable ActEconomic DamagesMental AnguishSufficiency of EvidenceAttorney's FeesContract ModificationConsumer ProtectionTexas Law
References
46
Case No. 07-05-0449-CV
Regular Panel Decision
Mar 14, 2007

Gibson Plumbing Heating & Air Conditioning, Inc. and Robin L. Hughes v. Coolbaugh Chiropractic

Gibson Plumbing Heating & Air Conditioning, Inc. and employee Robin L. Hughes appealed a judgment rendered in favor of Coolbaugh Chiropractic for medical services provided to Hughes. Hughes sustained a workplace injury and sought chiropractic treatment. Key issues on appeal included the legal sufficiency of evidence regarding Gibson's bookkeeper's actual authority to authorize multiple medical treatments and the basis for the $3,000 damages award. The Court of Appeals for the Seventh District of Texas affirmed the trial court's judgment. It found sufficient evidence for the bookkeeper's authority and that the damages were within the range of evidence, further concluding that Coolbaugh had adequately presented its claim for attorney's fees.

Employer liabilityEmployee injuryChiropractic treatmentAgency authorityActual authorityApparent authorityDamages awardSufficiency of evidenceAttorney's feesAppellate court
References
22
Case No. 05-18-00564-CV
Regular Panel Decision
Aug 28, 2019

Regency Development & Construction Services, LLC v. Ralph Carrington D/B/A Carrington Air Conditioning and Heating, Carrington AC and Heat , LLC, Anthony Turpin, Turpin & Turpin, Turpin and Turpin, Inc.

Regency Development & Construction Services, LLC appealed the trial court's summary judgments in favor of Ralph Carrington d/b/a Carrington Air Conditioning and Heating, Carrington AC and Heat LLC, Anthony Turpin, Turpin & Turpin, and Turpin and Turpin, Inc. Regency argued that the trial court erred in granting summary judgment on the grounds that Regency had no evidence of damages because its insurance carrier paid the underlying personal injury settlement and defense costs. The court affirmed the trial court's judgments, concluding that the collateral source rule does not apply to Regency under the facts of this case because Regency made no payments and received no payments from any other party. Furthermore, Regency's insurer, Cincinnati Insurance Company, failed to properly assert its subrogation rights or intervene in the lawsuit.

Summary JudgmentCollateral Source RuleInsurance CoverageSubrogation RightsBreach of ContractNegligenceIndemnityAppellate ReviewTexas LawCivil Procedure
References
13
Case No. MISSING
Regular Panel Decision
Feb 10, 2012

Claim of Laduke v. Schenectady Community Action Program

The Workers' Compensation Board initially found a self-insured employer entitled to reimbursement from the Special Disability Fund, citing the claimant's preexisting diabetes and obesity. The Special Disability Fund appealed this decision. The Appellate Division reversed, ruling that the employer failed to demonstrate the claimant's preexisting conditions hindered her job potential as required by Workers’ Compensation Law § 15 (8) (d). The court noted the claimant's diabetes was controlled by medication and had not affected her work ability prior to the injury. Furthermore, her obesity lacked a medical basis that would establish it as a permanent hindering condition, leading the court to conclude the Board's decision was not supported by substantial evidence.

Workers' Compensation Law § 15(8)(d)Special Disability FundReimbursement claimPreexisting medical conditionPermanent impairmentDiabetesObesityJob hindranceMedical opinionAppellate Division
References
12
Case No. MISSING
Regular Panel Decision

Liberty Mutual Insurance Co. v. Burk

Liberty Mutual Insurance Company appealed a judgment finding that Roy Burk's work-related back injury caused his polyneuropathy and foot ulceration. Burk, injured in 1998, developed complications including cauda equina syndrome, leading to conditions like nerve root impairment, polyneuropathy, and foot ulcerations, which the insurer disputed were work-related, suggesting diabetes as the cause. The trial court, reviewing a Workers' Compensation Appeals Panel decision, ruled that the work injury extended to Burk's polyneuropathy and foot ulcerations, but not his diabetes. Liberty Mutual contended that the evidence was legally and factually insufficient, citing a lack of medical expert testimony from Burk and relying on their expert's opinion. The appellate court affirmed the trial court's judgment, concluding that sufficient evidence, including conflicting expert testimony and the judicial notice of the prior appeals panel decision, supported the causal link between Burk's work injury and his conditions.

Judicial ReviewPolyneuropathyFoot UlcerationCauda Equina SyndromeBack InjurySufficiency of EvidenceCausationMedical Expert TestimonyTexas Labor CodeAppeals Panel Decision
References
28
Case No. MISSING
Regular Panel Decision

Burress v. Shelby County

Donnie Burress, a deputy sheriff for Shelby County, sought employment benefits for heart disease, alleging it was incurred in the line of duty under Tennessee Code section 7-51-201(a)(1). This statute presumes heart conditions for law enforcement officers are work-related if they meet certain conditions, including passing a pre-employment physical without revealing the condition. The trial court dismissed his complaint, finding he did not meet the conditions for the presumption and that any presumption was overcome by medical evidence. The appellate court affirmed, noting Burress admitted to having hypertension at the time of hiring, thus failing to meet a key statutory requirement. Furthermore, medical testimony from Dr. Gary Murray indicated that Burress's heart disease was attributable to personal risk factors like smoking, high cholesterol, and diabetes, rather than his employment, supporting the trial court's decision.

Heart DiseaseHypertensionLaw EnforcementWorkers' Compensation BenefitsStatutory PresumptionMedical EvidenceCausationEmployment BenefitsCoronary Artery DiseasePhysical Examination
References
4
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