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Case Law Database

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

Case No. 2015-05-0740
Regular Panel Decision
Mar 08, 2016

Carroll, Blake v. Service Corporation International

Blake Carroll, a funeral director/embalmer, was injured in a fall at work for Service Corporation International (SCI). SCI initially provided medical treatment and temporary disability benefits. However, Carroll was later terminated because his professional licenses were invalidated due to misconduct, leading SCI to cease temporary disability benefits. Carroll requested an expedited hearing, arguing he was entitled to benefits as his termination was due to medical restrictions. The Court found Carroll's termination resulted from his professional misconduct, not his work injuries or medical restrictions. Therefore, the Court denied his request for temporary disability benefits.

Workers' CompensationTemporary Disability BenefitsExpedited HearingProfessional MisconductLicense InvalidationEmployment TerminationLight Duty RestrictionsCausal ConnectionJudicial ReviewCourt of Workers’ Compensation Claims
References
8
Case No. 2015-07-0086
Regular Panel Decision
Aug 04, 2015

Spain, Amanda v. Health South Cane Creek Rehab Hospital

Amanda Spain, the employee, filed a Request for Expedited Hearing with the Tennessee Court of Workers' Compensation Claims, seeking temporary disability benefits following a work-related injury diagnosed as bilateral carpal tunnel syndrome. She underwent two surgeries, on April 8, 2015, and May 27, 2015, and was placed on light-duty restrictions by her authorized treating physician, Dr. Ragsdale. Although Ms. Spain was terminated for cause by her employer, Health South Cane Creek Rehab Hospital, the Court found that her termination did not preclude her entitlement to temporary partial disability benefits. The employer conceded that, but for the termination, Ms. Spain would have been entitled to the benefits for the relevant period. Consequently, the Court granted the request, ordering Health South or its insurance carrier, Arch Insurance Company, to pay Ms. Spain $413.38 per week in temporary disability benefits, retroactive to May 27, 2015, and continuing until she reaches maximum medical improvement or returns to work without restrictions.

Workers' CompensationTemporary DisabilityCarpal Tunnel SyndromeSurgical ProcedureLight-Duty RestrictionsEmployment TerminationDisability BenefitsTennessee LawExpedited HearingMedical Examiner
References
6
Case No. 2015-07-0114
Regular Panel Decision
Oct 12, 2015

Miller, Torris v. TA Operating Corp.

Torris Miller, a diesel mechanic, sustained a back injury at work on November 3, 2014, while changing a tractor-trailer tire for TA Operating Corp. He filed a request for an expedited hearing seeking past medical and temporary disability benefits. The Court found that Mr. Miller provided sufficient notice of his work-related injury to the employer. Although TA Operating Corp. argued that Mr. Miller's termination for job abandonment precluded him from receiving ongoing temporary disability benefits, the Court disagreed, finding the termination improper. Consequently, the Court granted Mr. Miller temporary total disability and temporary partial disability benefits, but denied his request for payment of past medical expenses due to insufficient proof of the reasonableness of the charges.

Workers' CompensationBack InjuryTemporary DisabilityJob AbandonmentMedical ExpensesNotice RequirementEmployer LiabilityTennessee LawExpedited HearingDisability Benefits
References
13
Case No. 2016-08-0883
Regular Panel Decision
May 18, 2017

Betances, Miguel v. Brock Services, LLC

Miguel Betances, an employee, filed a Request for Expedited Hearing seeking temporary disability benefits from October 5, 2016, and ongoing, after injuring his back at work on July 18, 2016. Brock Services, LLC, the employer, contended he was not entitled to benefits, claiming he was terminated for violating workplace attendance policies. The Court found Mr. Betances' testimony credible, concluding that Brock did not properly enforce its attendance policy by actually terminating him on August 14, 2016, and failed to accommodate his light duty restrictions or provide a justifiable reason for not doing so. The Court ordered Brock to pay accrued temporary partial disability benefits from October 5, 2016, through January 26, 2017, and accrued temporary total disability benefits from January 27, 2017, and ongoing, until an approved medical provider releases him to return to work or places him at maximum medical improvement.

Temporary Disability BenefitsWorkers' Compensation JudgeExpedited HearingAttendance Policy ViolationLight Duty RestrictionsAdministrative TerminationTemporary Partial DisabilityTemporary Total DisabilityMedical TreatmentBack Injury
References
3
Case No. 2015-01-0325
Regular Panel Decision
Feb 19, 2016

Shepherd, Stephen V. Haren Construction Co., Inc.

Employee Stephen W. Shepherd filed a Request for Expedited Hearing seeking additional medical and temporary disability benefits due to a left arm injury. The central issues were the employer's responsibility for medical benefits and whether the termination of Mr. Shepherd was for good cause, thus ending his entitlement to temporary disability benefits. The Court found that Haren Construction Co., Inc. likely terminated Mr. Shepherd for cause due to insubordination and inadequate performance, denying temporary disability benefits. Furthermore, Mr. Shepherd was not entitled to reimbursement for initial medical treatment costs as he did not seek employer authorization prior to the visit.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Disability BenefitsEmployer TerminationGood CauseInsubordinationGas Line DamageLeft Arm InjuryDuty Restrictions
References
10
Case No. MISSING
Regular Panel Decision

Smith v. New York State & Local Retirement Systems

Petitioner, a taxpayer services representative, sustained a back injury in March 1981 while lifting forms, leading to a decline in attendance and eventual termination in November 1989. She applied for accidental and ordinary disability retirement benefits, both of which were denied by the Comptroller. The accidental disability claim was denied because the incident was not deemed an 'accident' under Retirement and Security Law § 63. The ordinary disability claim was denied as untimely, having been filed approximately six months after her termination, exceeding the 90-day limit stipulated by Retirement and Social Security Law § 62. The Supreme Court dismissed the challenge to the ordinary disability denial due to untimeliness and transferred the accidental disability challenge to this Court. This Court confirmed the Comptroller's determination on both counts, rejecting the petitioner's estoppel argument regarding the untimely ordinary disability application and finding substantial evidence to support the finding that the injury did not constitute an 'accident' within the meaning of the relevant law, as it resulted from ordinary employment duties without an unexpected event.

Disability Retirement BenefitsAccidental DisabilityOrdinary DisabilityUntimely ApplicationEstoppel Against GovernmentWork-Related InjuryBack InjuryDefinition of AccidentOrdinary Employment DutiesSubstantial Evidence Review
References
16
Case No. 2015-07-0203
Regular Panel Decision
Jun 10, 2016

Hall, Steven v. Mid-South Industrial, Inc.

Steven Hall, a 55-year-old millwright, filed a claim for workers' compensation benefits after sustaining a left knee injury at work in September 2014. His employer, Mid-South-Industrial, Inc., denied the claim, attributing it to a pre-existing condition and subsequently terminating Hall for attendance issues. The court considered conflicting medical opinions from Dr. David Pearce, Dr. Bradford Wright, and Dr. Samuel Chung regarding the injury's causation and impairment. Judge Allen Phillips accredited Dr. Wright's opinion, determining the injury was compensable and arose primarily out of Hall's employment. The judge also ruled that Mid-South failed to provide adequate proof that Hall's termination was for cause, entitling him to temporary partial disability benefits. Hall was awarded past and future medical benefits, temporary total and partial disability, and permanent partial disability based on a one percent impairment.

Knee InjuryMeniscus TearDisability BenefitsMedical BenefitsCausationPermanent Partial ImpairmentTemporary Total DisabilityTemporary Partial DisabilityEmployment TerminationTennessee Workers' Compensation Law
References
11
Case No. 2015-03-0233
Regular Panel Decision
Apr 29, 2016

Roark, Kristen v. Team Health

Kristin Roark, an audit clerk for Team Health, sustained a right eye injury on March 17, 2015. Team Health initially provided workers' compensation benefits but later terminated temporary total disability benefits on April 7, 2015, citing a return-to-work note. Ms. Roark disputed this termination, stating she never received certain return-to-work information. The court found that Ms. Roark established she was disabled from working due to a compensable injury and that a causal connection existed between the injury and her inability to work. Consequently, the Court granted her request for additional temporary total disability benefits.

Temporary Total Disability BenefitsExpedited HearingEye InjuryMedical Treatment DisputeReturn to Work StatusCausation of InjuryBenefit TerminationPhysician AuthorizationTennessee Workers' Compensation LawWorkers' Compensation Judge Decision
References
4
Case No. 2015-02-0298
Regular Panel Decision
Dec 18, 2015

Booher, Jerry v. Microporous, LLC

Jerry Booher, an employee of Microporous, LLC, filed a claim for temporary disability benefits after sustaining a low back injury from a fall at work. Post-injury, a urine drug screen (UDS) was positive for multiple substances, including marijuana, leading to his termination by Microporous due to a violation of their drug policy. Booher contested the UDS result and his termination, arguing for continued benefits up to maximum medical improvement. The Court, presided over by Judge Brian K. Addington, denied the requested temporary disability benefits, finding that Microporous terminated Booher for cause and that his inability to work was due to the policy violation, not the injury itself. Microporous was ordered to pay owed mileage reimbursement to Mr. Booher.

Temporary Disability BenefitsDrug Screen FailureEmployment TerminationWorkplace AccidentLow Back InjuryMaximum Medical ImprovementImpairment RatingExpedited HearingEmployer Drug PolicyFraudulent Conduct
References
5
Case No. MISSING
Regular Panel Decision

Leonard v. Regan

The petitioner, a school crossing guard, was injured and sought disability retirement benefits, which the Comptroller denied as untimely, interpreting 'paid on the payroll' strictly as payment for services rendered. Her employment was also terminated by Nassau County without a prior hearing. The Supreme Court dismissed her CPLR article 78 proceeding challenging both determinations. On appeal, the Appellate Division affirmed, upholding the Comptroller's interpretation as rational and finding that the petitioner's right to apply for benefits had expired years before her termination, thus precluding any deprivation of that right by the county's actions. The court also affirmed the lower court's discretion in allowing late service of an appeal notice on Nassau County.

Disability RetirementTimelinessPayroll DefinitionWorkers' CompensationEmployment TerminationCPLR Article 78Appellate ProcedureStatutory InterpretationGovernment Agency DiscretionNassau County
References
6
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