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

Case No. 2016-01-0035 / 67325-2014
Regular Panel Decision
Aug 07, 2017

Findley, Jack v. Volswagen Group of America, Inc.

This case involves an employee, Jack Keith Findley, who sustained a back injury while working for Volkswagen. He sought temporary and additional permanent partial disability benefits, leading to a dispute over his impairment rating, maximum medical improvement date, and the compensability of his condition. The Court of Workers' Compensation Claims sided with Mr. Findley, awarding him the requested disability benefits and future medical care under Dr. Jolley, based on Dr. Hodges' medical opinion regarding his work-related injury and functional limitations. The court also allowed Volkswagen to offset short-term disability payments.

Workers' CompensationPermanent Partial DisabilityTemporary Partial DisabilityMedical BenefitsImpairment RatingMaximum Medical ImprovementVoluntary ResignationMedical Opinion ConflictBack InjuryLumbar Disc Herniation
References
5
Case No. 2017-06-1778
Regular Panel Decision
Apr 11, 2018

Demotte, Julie v. UPS

Julie Demotte sustained a workplace injury involving a broken hip and leg in November 2016 while working for UPS. UPS initially accepted the claim and provided temporary disability benefits. Dr. Jason Evans, the authorized treating physician, placed Ms. Demotte at maximum medical improvement and assigned a three-percent whole-person impairment rating. A compensation hearing was held to determine Ms. Demotte's entitlement to permanent disability, temporary disability, and future medical benefits. The Court ordered UPS to provide lifetime medical benefits for Ms. Demotte's workplace injury, but denied her claims for both temporary and permanent disability benefits. The denial of permanent disability was based on the inadmissibility of Form C-30A as proof of impairment, as Ms. Demotte failed to present admissible evidence. Additionally, the claim for further temporary disability benefits was denied due to an earlier overpayment by UPS that exceeded any subsequent amounts due.

Workplace InjuryFuture Medical BenefitsTemporary Disability BenefitsPermanent Disability BenefitsAdmissibility of Medical ReportsForm C-30AForm C-32Impairment RatingHearsayMaximum Medical Improvement
References
2
Case No. 2016-03-0223
Regular Panel Decision
Nov 14, 2016

Boyd, David v. Tennessee Children's Home

David Boyd, an employee of Tennessee Children's Home, sustained a right wrist injury on August 21, 2014, in a work-related incident. After surgery and medical restrictions, his hours were significantly reduced from August 14, 2015, despite his employer's accommodation of his restrictions prior to that date. Boyd sought temporary partial disability benefits for the period of reduced hours while he was still treating for his injury and under medical restrictions. The Workers' Compensation Judge, Lisa Lowe Knott, found that Boyd sustained a loss of income during this period due to the reduction in hours. The Court granted his request for past temporary partial disability benefits in the amount of $1,323.89, ruling that an employer is responsible for these benefits if they do not offer a partially disabled employee work making the same pre-injury income.

Temporary Partial DisabilityWorkers' CompensationRight Wrist InjuryReduced HoursLoss of IncomeMedical RestrictionsEmployment AccommodationExpedited HearingTennessee LawImpairment Rating
References
6
Case No. 2014-01-0002
Regular Panel Decision
Oct 16, 2015

Howard, Denita v. US Xpress Enterprises

Denita Howard, a trainee truck driver for USXpress Enterprises, Inc., filed for an expedited hearing seeking medical benefits for emergency treatment after a work injury and temporary partial disability benefits. The alleged injury occurred when her tractor-trailer overturned near Acadia, Louisiana. The Court found Ms. Howard entitled to the requested medical benefits for charges from Jefferson Davis Emergency Group, LLC, as the employer's carrier, Liberty Mutual, had already paid the bill. However, her claim for temporary partial disability benefits from January 7, 2015, to February 18, 2015, was denied, as she was deemed to have reached maximum medical improvement as of December 18, 2014, by Dr. Venugopal Gadipudi. The employer's request for reimbursement of temporary partial disability benefits paid after the MMI date was deferred.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Partial DisabilityMaximum Medical Improvement (MMI)Emergency TreatmentTruck Driver InjuryMotor Vehicle AccidentNeurological CareInsurance Carrier Liability
References
4
Case No. 2019-07-0058
Regular Panel Decision
Jul 16, 2019

Cornelison, Jeanette v. JTN Lodging, LLC

Ms. Cornelison sought additional medical and temporary disability benefits for injuries to her right knee and back, which JTN Lodging, LLC contested. An Expedited Hearing found her likely to prevail on medical benefits but not temporary disability. The Court accepted Dr. Michael Smigielski's opinion, who linked both the knee and sciatica to the work injury, over Dr. John Masterson's conflicting views. Consequently, Dr. Smigielski was designated the authorized treating physician for both conditions. Temporary disability benefits were denied due to insufficient evidence regarding the duration of her inability to work.

Workers' CompensationMedical BenefitsTemporary DisabilityKnee InjuryBack InjurySciaticaMeniscus TearCausationAuthorized Treating PhysicianExpedited Hearing
References
7
Case No. 2015-07-0067
Regular Panel Decision
Oct 02, 2015

Hardin, Chris v. Dewayne’s Quality Metals

Chris Hardin, an employee, sought medical and temporary disability benefits for bilateral arm injuries allegedly sustained gradually during his repetitive work at Dewayne's Quality Metals. The employer and its insurer, Accident Fund, contested the work-relatedness of the injury. The court granted Mr. Hardin medical benefits for further evaluation of his alleged injuries, determining he presented sufficient evidence to likely prevail on the causation issue for medical treatment. However, the court denied his claims for temporary disability benefits and outstanding medical bills at this time, awaiting expert medical evidence confirming a causal connection between his employment and disability.

Workers' CompensationGradual InjuryBilateral Arm InjuriesCarpal Tunnel SyndromeUlnar Nerve NeuropathyDiabetic NeuropathyMedical BenefitsTemporary Disability BenefitsCausationNotice Requirements
References
8
Case No. 2016-07-0459
Regular Panel Decision
Jun 08, 2017

Butler, Larry v. AAA Cooper Transportation

Larry Butler, an over-the-road truck driver for AAA Cooper Transportation, was involved in a truck crash in Alabama in May 2016. He sustained a T12 compression fracture of the thoracic spine and a torn right rotator cuff. Mr. Butler requested medical and temporary disability benefits, which AAA denied, arguing the injury was due to an idiopathic condition or a willful failure to perform a duty required by law. The Court rejected AAA's defenses, finding that the injury arose primarily from a hazard incident to employment. Consequently, the Court granted Mr. Butler medical benefits, including a panel of physicians for his shoulder injury and payment of outstanding medical bills, but denied temporary disability benefits due to a lack of medical opinion supporting total disability.

Workers' CompensationTruck AccidentIdiopathic Injury DefenseMedical BenefitsTemporary Disability BenefitsDuty Required by LawWillful MisconductFederal DOT RegulationsAlabama LawTennessee Law
References
7
Case No. 2016-08-1235
Regular Panel Decision
Oct 02, 2017

Zhu, Hongwei v. Great China Supermarket

Mr. Hongwei Zhu filed for an expedited hearing seeking medical and temporary total disability benefits for a left ankle injury sustained on October 25, 2016, while working for Great China Supermarket. The employer was uninsured and disputed the claim. The Court found Great China Supermarket subject to Workers' Compensation Law, granted Mr. Zhu's request for past and future medical treatment with Dr. James Robinson, and found him eligible for benefits from the Uninsured Employer's Fund. However, the Court denied temporary total disability benefits as the period of disability was less than seven days.

Ankle InjuryMedical BenefitsTemporary DisabilityUninsured EmployerExpedited HearingCausationEmployer LiabilityWorkplace InjuryMedical TreatmentDisability Claim
References
5
Case No. MISSING
Regular Panel Decision

Parish v. DiNapoli

Petitioner, a correction officer, was injured in April 1999 and May 2004, leading to her being placed on leave without pay. She applied for disability retirement benefits and performance of duty disability retirement benefits, both of which were denied. The Hearing Officer found the disability retirement application untimely and that the injury was not a result of a direct act of an inmate for performance of duty benefits. The Respondent adopted these findings, leading to this CPLR article 78 proceeding. The court confirmed the determination, dismissing the petition, finding the application for disability benefits untimely and agreeing that a floor waxing by an inmate does not constitute an 'act of an inmate' for performance of duty disability retirement benefits.

Disability RetirementPerformance of Duty DisabilityCorrection OfficerTimeliness of ApplicationAct of an InmateWorkers' Compensation BenefitsMedical Leave of AbsenceCPLR Article 78New York LawPublic Employees
References
2
Case No. 2019-01-0630
Regular Panel Decision
Oct 28, 2020

Ferguson, Anne Michelle v. Amazon.com, Inc.

Anne Michelle Ferguson, an Amazon employee, sought permanent total disability and medical benefits for complex regional pain syndrome (CRPS) after injuring her left foot at work in October 2017. Amazon contended that benefits should be limited to a foot contusion and sought a credit for overpayment of temporary partial disability benefits. The Court weighed competing medical expert opinions, ultimately giving greater weight to Dr. Dreskin's diagnosis of compensable CRPS. Consequently, the Court awarded Ms. Ferguson permanent partial disability benefits of $8,858.13 and ongoing medical benefits, including access to a panel of CRPS specialists. However, her claim for permanent total disability was denied as she was deemed capable of sedentary work, and Amazon received a credit for previously overpaid temporary benefits.

Workers' CompensationPermanent Partial DisabilityComplex Regional Pain Syndrome (CRPS)Medical BenefitsVocational DisabilityMaximum Medical Improvement (MMI)Temporary Partial DisabilityPain ManagementMedical Expert TestimonyFoot Injury
References
5
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