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

Case No. ADJ14263093
Regular
Apr 12, 2023

CECILIA OJEDA vs. AMY'S KITCHEN, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Here's a summary of the case for a lawyer: The applicant claimed cumulative injury to her neck, bilateral wrists, shoulders, and upper extremities, which the employer initially denied for all body parts except the neck. The WCJ found injury to all claimed body parts, relying on treating physicians' reports, and found the QME's reports unsubstantial due to inconsistencies and admissions of uncertainty during deposition. The defendant sought reconsideration, arguing the QME's opinion was substantial evidence regarding injured body parts and permanent disability. The Appeals Board denied reconsideration, adopting the WCJ's reasoning that the QME's testimony was too speculative and contradictory to constitute substantial evidence for the disputed body parts.

AOE/COEPetition for ReconsiderationFindings and AwardOrthopedic Qualified Medical Examiner (QME)Substantial EvidenceCumulative InjuryBilateral WristsBilateral ShouldersBilateral Upper ExtremitiesCervical Radiculopathy
References
3
Case No. ADJ10045939
Regular
Feb 05, 2016

Raymond Ames vs. Goodman Global, ACE American Insurance Company

This case involves an employer's petition to remove a workers' compensation matter to the Appeals Board for review of an order allowing the applicant to obtain additional Qualified Medical Evaluator (QME) panels. The employer argued that further QME panels were not permitted without a treating physician's determination supporting the disputed body parts injured. The Appeals Board denied the petition, finding the employer failed to demonstrate irreparable harm or significant prejudice. The majority affirmed the judge's order, concluding the record supported further development of disputed body parts. One commissioner dissented, arguing the applicant failed to establish a dispute with a treating physician's report as required by statute.

QME panelpetition for removaldisputed body partsmedical record developmentirreparable harmsubstantial prejudicetreating physicianDWC Rule 31.7Labor Code section 5310WCAB Rule 10843
References
3
Case No. ADJ9312928
Regular
Sep 11, 2019

Jeffrey DaVanon vs. Oakland Athletics, ACE Insurance Company, Sedgwick Claims Management

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration. The applicant, a former professional athlete, claimed cumulative trauma injury to multiple body parts, including gastrointestinal issues, neurological problems, and a sleep disorder not initially identified. The Board found that the WCJ erred by excluding medical evidence for these later-identified body parts, as they were included in the parties' stipulations and could have arisen or worsened after the applicant's deposition. The case is returned for further proceedings, allowing admission of relevant medical records and deferring final decisions on disputed body parts and permanent disability.

Mandatory Settlement ConferencePetition for ReconsiderationCumulative TraumaProfessional AthleteStatute of LimitationsLabor Code Section 5405Labor Code Section 5412Discovery CloseBifurcationIndependent Medical Evaluator
References
6
Case No. 03-15-00064-CV
Regular Panel Decision
Jan 22, 2015

Elite Auto Body LLC, D/B/A Precision Auto Body Rey R. Hernandez Yesica Diaz And David Damian v. Autocraft Body Works, Inc., Now Known as Wasson Road Ventures, Inc. D/B/A Autocraft Bodywerks

The Appellants, Elite Auto Body LLC, Rey R. Hernandez, Yesica Diaz, and David Damian, are appealing a trial court's order that denied their Motion to Dismiss. This motion was filed under the Texas Citizens Participation Act (TCPA) against claims of trade secret misappropriation, unfair competition, and breach of fiduciary duty brought by Appellee Autocraft Bodywerks, Inc. Appellants contend that the trial court erred by narrowly construing the TCPA, failing to recognize that their communications regarding business practices and employee recruitment are protected under rights of association and free speech. They also argue that Autocraft failed to provide sufficient 'clear and specific evidence' to establish a prima facie case for its claims, which is a requirement under the TCPA. Consequently, Appellants are seeking a reversal of the trial court's order, dismissal of Autocraft's claims, and an award for their attorneys' fees and expenses.

Texas Civil Practice and Remedies CodeTexas Citizens Participation ActAnti-SLAPPTrade Secret MisappropriationUnfair CompetitionFiduciary DutyFreedom of AssociationFreedom of SpeechAppellate ProcedureMotion to Dismiss
References
42
Case No. MISSING
Regular Panel Decision

Denco CS Corporation v. Body Bar, LLC

Body Bar, LLC sued Denco CS Corporation after Denco filed mechanic's liens on property leased by Body Bar, leading the new property owner, Bre Throne Preston Park, LLC, to withhold a $25,000 tenant improvement reimbursement. Body Bar sought declaratory relief, alleging breach of contract and tortious interference, and Denco counterclaimed for breach of contract, quantum meruit, and unjust enrichment. The trial court initially ruled in favor of Body Bar, invalidating the liens and finding Denco liable for breach of contract and tortious interference, awarding damages and attorney fees. On appeal, the court affirmed the invalidity of Denco's liens and the dismissal of Denco's claims but reversed the findings of Body Bar's breach of contract and tortious interference claims, and the $25,000 damage award, remanding these issues for further proceedings due to insufficient evidence of damages.

Contract disputeMechanic's lienStatutory lienConstitutional lienTortious interferenceBreach of contractQuantum meruitUnjust enrichmentSummary judgmentReal property
References
37
Case No. ADJ11039762
Regular
Aug 06, 2018

ALFRED GUILING vs. GODEFELLOW BROTHERS CONSTRUCTION, LLC, AMERICAN CONTRACTORS INSURANCE GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration and dismissed their Petition for Removal. The defendant argued the judge's finding of injury to specific body parts was premature and lacked substantial evidence, as the PQME process was incomplete. The Board found removal was inappropriate, as the injury finding is a final order subject to reconsideration. They adopted the WCJ's report, concluding the applicant met their burden of proof for industrial injury to the disputed body parts.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings of Factindustrial injurybody partssubstantial evidencePanel Qualified Medical EvaluationPQMEextraordinary remedy
References
2
Case No. ADJ12582828
Regular
Jan 03, 2023

TERRY KELLY vs. SAFEWAY

This case involves a workers' compensation claim where the defendant sought reconsideration of an award finding injury AOE/COE to multiple body parts. The primary dispute centers on the applicant's occupational group number, with the applicant claiming "butcher" (420) and the defendant arguing "meat cutter" (322), impacting permanent disability ratings. The Board granted reconsideration, finding insufficient evidence to determine the occupational group number and therefore deferring permanent disability for all affected body parts pending further development of the record. The finding of injury AOE/COE to the applicant's cervical spine, thoracic spine, lumbar spine, bilateral knees, bilateral elbows, and bilateral wrists was upheld.

Occupational Group NumberMeat CutterButcherCumulative TraumaPermanent DisabilityQualified Medical EvaluatorSubstantial EvidenceFurther DevelopmentBody PartsWPI Ratings
References
11
Case No. CV-23-1472
Regular Panel Decision
Jan 09, 2025

In the Matter of the Claim of Jacquetta Brooks

Claimant Jacquetta Brooks appealed a Workers' Compensation Board decision which ruled she was entitled to a 0% schedule loss of use (SLU) award for her right arm, leg, and foot. This decision reversed a Workers' Compensation Law Judge's award of higher SLU percentages. The core of the dispute was the Board's interpretation of guidelines regarding the appropriateness of comparing injured body parts to previously injured contralateral (opposite) body parts for SLU assessment. The Appellate Division found the Board's interpretation, which limited inappropriate comparisons only to permanent contralateral impairments, to be unreasonable. The Court reversed the Board's decision, finding that temporary physical or functional impairments also make contralateral comparisons inappropriate, and remitted the matter to the Board for further proceedings consistent with this ruling.

Workers' CompensationSchedule Loss of UseContralateral ComparisonMedical Impairment GuidelinesOccupational DiseaseAppellate ReviewRemittalRange of MotionJudicial InterpretationPermanent Impairment
References
12
Case No. M2021-01193-SC-R11-CV
Regular Panel Decision
Sep 29, 2023

Robert Crotty v. Mark Flora, M.D. (Concur in Part and Dissent in Part)

This is a dissenting opinion regarding an interlocutory appeal that centers on the interpretation of Tennessee Code Annotated section 29-26-119 and its impact on the collateral source rule in health care liability actions. The dissenting judge argues that this statute abrogates the collateral source rule, asserting that recoverable damages should be limited to the actual economic losses suffered, specifically the amounts actually paid by plaintiffs or their insurance, rather than the full, undiscounted medical bills. The opinion emphasizes that the statutory language, particularly "actual economic losses suffered" and "paid or payable," clearly supports this interpretation. Furthermore, it references legislative intent behind the Medical Malpractice Act, which aimed to control healthcare costs, as a rationale for a strict construction of the statute.

Medical MalpracticeCollateral Source RuleStatutory InterpretationHealth Care Liability ActActual Economic LossesDamagesInsurance LawPretrial OrdersTennessee Supreme CourtDissenting Opinion
References
27
Case No. 13-71700
Regular Panel Decision

Board of Trustees v. Kern (In re Kern)

The Plaintiffs, the Board of Trustees of benefit funds under ERISA, sought to declare debts owed by Defendant Richard Kern, principal owner of Cool Sheetmetal, Inc. (CSI), non-dischargeable in bankruptcy. The core issue was whether monies deducted from employee paychecks but not remitted to the benefit funds constituted non-dischargeable debts under § 523(a)(4) and (6) of the Bankruptcy Code. The Court ruled that monies deducted for a vacation fund are non-dischargeable because they were subject to a statutory trust, Kern acted as a fiduciary, and committed defalcation. However, deductions for union assessments and political action league (PAL) funds were deemed dischargeable, as no statutory trust was established for these. Furthermore, the Plaintiffs' claim under § 523(a)(6) for willful and malicious injury was dismissed. The Court granted summary judgment in part for Plaintiffs regarding the Vacation Fund deductions, with the exact amount to be determined at trial, and granted summary judgment in part for Defendant on the other claims.

BankruptcyNon-dischargeabilityERISAFiduciary DutyDefalcationSummary JudgmentEmployee ContributionsVacation FundUnion AssessmentsPolitical Action League (PAL)
References
10
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