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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Linger v. Anchor Motor Freight, Inc.

Claimant sustained permanent partial disabilities from two 1977 accidents and one 1980 accident, leading to separate awards from different employers and their respective insurance carriers. Initially, the claimant received concurrent benefits exceeding the statutory maximum rate. Upon discovering these concurrent payments, a joint hearing was held. An Administrative Law Judge apportioned the award, which was subsequently affirmed by the Workers' Compensation Board, stating that concurrent awards exceeding the statutory maximum for a permanent partial disability were impermissible. The claimant appealed this decision, arguing for a per-accident application of the statutory maximum. However, the appellate court affirmed the Board's decision, asserting that the Workers' Compensation Law establishes an overall maximum rate for permanent partial disability regardless of the number of accidents or employments.

Permanent Partial DisabilityConcurrent AwardsStatutory MaximumApportionmentMultiple AccidentsWage LossJudicial PrecedentAdministrative Law JudgeWorkers' Compensation BoardInsurance Carriers
References
2
Case No. MISSING
Regular Panel Decision

Davis v. Reagan

This consolidated appeal addresses whether permanent total disability can be awarded in Tennessee when an anatomical disability rating is below 16.7 percent. The Supreme Court reconciles conflicting panel decisions, specifically overruling Seiber v. Greenbrier Industries, Inc. The court holds that the limitations outlined in Tenn.Code Ann. § 50-6-241, which apply to permanent partial disability awards, do not extend to permanent total disability claims. The decision affirms the trial courts' judgments, allowing individuals like Vernon Ray Davis and Bessie Lou Rayfield to receive permanent total disability benefits despite having anatomical impairment ratings under 16.7 percent.

Permanent Total DisabilityPermanent Partial DisabilityWorkers' Compensation ActAnatomical Impairment RatingStatutory InterpretationTennessee LawConsolidated AppealVocational DisabilityEmployee RetentionLegislative Intent
References
8
Case No. MISSING
Regular Panel Decision

Claim of Filipowicz v. De Laval Separator Co.

This case concerns an appeal by an employer and carrier challenging an award for total disability due to silicosis. It was conceded that the claimant suffered from silicosis and was permanently and totally disabled. Appellants argued that there was no proof of injurious exposure during the claimant's last employment with the employer. However, evidence showed the claimant worked as a trucker in the employer's rubber plant, where he was exposed to talc containing silica. The board found sufficient evidence of a causal relationship between this exposure and the claimant's disability, thus affirming the award.

SilicosisOccupational DiseaseTotal DisabilityInjurious ExposureTalc ExposureFoundry WorkerRubber PlantWorkers' Compensation BoardCausal Relation
References
2
Case No. MISSING
Regular Panel Decision

Claim of Brockington v. University of Rochester

This case addresses an appeal from a Workers’ Compensation Board decision that granted a reduced earnings award to a claimant suffering from a causally related partial disability. The employer and its workers’ compensation insurance carrier contested the award, arguing that the claimant had voluntarily withdrawn from the labor market. However, the claimant testified that her inability to work stemmed from her deteriorating health, an explanation accepted by the Board. Medical evidence, including reports from her treating physician and an independent medical examination, corroborated her claims of 50% disability, chronic pain, and a preclusion from returning to work due to chronic lumbar strain. The Board's finding that the claimant did not voluntarily withdraw from the labor market was affirmed on appeal, as it was supported by substantial evidence.

Workers' CompensationReduced Earnings AwardVoluntary WithdrawalLabor MarketPartial DisabilityChronic PainLumbar StrainMedical EvidenceSubstantial EvidenceAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Howe v. Howe

This case addresses significant issues related to the equitable distribution of a marital estate in a matrimonial action. The plaintiff's New York City Fire Department disability pension and his September 11th Victim Compensation Fund award are at the core of the dispute. The court determined that the separate property interest in the plaintiff's disability pension can be calculated by the pension administrator, even without extensive trial evidence, and modified the judgment to reflect this. Additionally, the court affirmed that the economic loss component of the September 11th Victim Compensation Fund award is considered 'compensation for personal injuries' under Domestic Relations Law § 236 (B) (1) (d) (2), classifying it as the plaintiff's separate property based on legislative intent. The matter was remitted to the Supreme Court for entry of an appropriate qualified domestic relations order.

Equitable DistributionMarital PropertySeparate PropertyDisability PensionPersonal Injury CompensationSeptember 11th Victim Compensation FundDomestic Relations LawNew YorkMatrimonial LawPension Distribution
References
31
Case No. MISSING
Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss
References
3
Case No. MISSING
Regular Panel Decision
Jul 24, 2002

In re the Claim of Miller v. North Syracuse Central School District

This case involves an appeal from a Workers' Compensation Board decision concerning overlapping workers' compensation awards. The claimant, a food services worker, filed two separate claims: one for occupational disease to her shoulders, leading to a schedule loss of use award, and another for bilateral carpal tunnel syndrome, which resulted in a temporary total disability award for the period from December 13, 1999, to February 14, 2000. The State Insurance Fund argued that the schedule loss of use award should be suspended for this period to prevent an overlap. Initially, a Workers’ Compensation Law Judge disagreed, but the Workers’ Compensation Board reversed, ruling in favor of suspending the schedule award. On appeal, the court reversed the Board's decision, clarifying that a schedule award is not allocable to a specific period of disability and therefore does not overlap with a temporary total disability award covering a limited timeframe. The court distinguished this from cases involving permanent disability awards. The matter was remitted to the Workers’ Compensation Board for recalculation of the claimant’s award.

Workers' CompensationSchedule Loss of UseTemporary Total DisabilityOverlapping AwardsEarning CapacityOccupational DiseaseCarpal Tunnel SyndromeShoulder InjuryAppellate ReviewRecalculation of Award
References
7
Case No. MISSING
Regular Panel Decision

Claim of Zygler v. Tenzer Coat Co.

An employer and carrier appealed a disability award granted to a claimant who suffered a cerebral vascular episode after an oral quarrel with his foreman over work distribution. The Workers' Compensation Board had previously determined this constituted an accident, reversing a Referee's finding of no accident. The court, however, found that an argument without physical violence, even if it leads to a vascular incident, does not constitute an accident within the meaning of the Workmen’s Compensation Law, especially when such arguments are common in piece work environments. Citing relevant precedents involving similar emotional strain without physical exertion leading to heart attacks or vascular incidents, the court concluded that a finding of accident could not be sustained. Consequently, the award was reversed, and the claim was dismissed, with costs awarded to the appellants against the Workmen’s Compensation Board.

Workers' CompensationAccident DefinitionCerebral Vascular EpisodeEmotional StrainOral QuarrelDisability AwardEmployer LiabilityCarrier LiabilityPiece WorkPre-existing Condition
References
3
Case No. 2015-01-0429
Regular Panel Decision
Sep 25, 2018

Lamm, Terry v. E. Miller Construction, Inc.

Terry Lamm, an employee of E. Miller Construction, Inc. (EMC), filed a workers' compensation claim after sustaining a back injury while lifting an H-beam. EMC denied further medical treatment and temporary disability benefits, alleging willful misrepresentation of Lamm's spinal history and disputing causation. The Court rejected EMC's willful misrepresentation defense, finding no detrimental reliance on the inaccurate health questionnaire. The Court awarded Mr. Lamm permanent partial disability benefits totaling $41,393.97 and future medical benefits, determining that his injury and subsequent disability arose primarily out of and in the course and scope of employment. The decision was based on expert medical testimony, particularly Dr. Kennedy's opinion, which the Court found more credible given Lamm's consistent work history prior to the injury and his inability to work afterward.

Permanent Partial DisabilityMedical BenefitsWillful Misrepresentation DefenseCausationPre-existing Condition AggravationDegenerative Disc DiseaseLumbar Spine InjuryImpairment RatingTreating Physician OpinionEmployment-related Injury
References
7
Case No. MISSING
Regular Panel Decision

Di Piazza v. George Campbell Painting Co.

The case involves the appeal of a Workers' Compensation Board decision concerning a decedent's widow. The decedent sustained fatal injuries from electrocution while working for the employer. The Board initially awarded death benefits, temporary total disability, and facial disfigurement, but later rescinded the disability award, upholding the disfigurement. The employer appealed, arguing the disfigurement award was improper without a permanent partial disability finding. The court reversed the Board's decision, finding that the evidence of grave injuries supported total, not partial, disability, making the disfigurement award irrational. The matter was remitted for further proceedings consistent with the court's decision.

Workers' CompensationFacial DisfigurementTemporary Total DisabilityDeath BenefitsConcurrent AwardsAppellate ReviewStatutory InterpretationMedical EvidenceAccidentElectrocution
References
4
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