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

Case No. 2016-01-0139
Regular Panel Decision
May 10, 2016

Brown, Bonnie v. Whole Foods Markets, Inc.

Employee Bonnie Brown filed a Petition for Benefit Determination (PBD) alleging a compensable spinal injury sustained on July 22, 2015, in the course and scope of her employment as a food preparer for Whole Foods Markets, Inc. The disputed issues included the employer's failure to provide a proper panel of back specialists/neurosurgeons and to provide requested discovery documents. Ms. Brown subsequently filed a Request for Expedited Hearing, seeking to resolve these discovery issues based on a review of the file without an evidentiary hearing. However, the Workers' Compensation Judge, Thomas Wyatt, denied the expedited hearing request. The Court determined that Tennessee Workers' Compensation Law, specifically Tennessee Code Annotated section 50-6-239, does not permit discovery disputes to be addressed through an expedited hearing. Instead, discovery disputes must be adjudicated upon the review of written motions and affidavits, and Ms. Brown was advised to utilize standard discovery procedures and potentially file a motion to compel if necessary. A Status Conference was set for June 7, 2016.

Expedited Hearing RequestDiscovery DisputesWorkers' Compensation LawSpinal InjuryPetition for Benefit DeterminationDenial of RequestProcedural RulesStatus ConferenceAppeals BoardTennessee Law
References
2
Case No. 03-01-00400-CV
Regular Panel Decision
Apr 11, 2002

Richard Wallace Pearce and Jesse Ray Blann v. City of Round Rock Round Rock Development Review Board Frank Del Castillo, in His Capacity as Member of the Round Rock Development Review Board Terry Hagood, in His Capacity as Member of the Round Rock Development Review Board

Appellants Richard Wallace Pearce and Jesse Ray Blann appealed the district court's judgment affirming the Round Rock Development Review Board's denial of their permit applications for seven outdoor advertising structures. The core issue was whether the structures qualified as 'signs' and were entitled to non-conforming use status under the City's ordinance, which became effective February 27, 1997. The Court of Appeals held that four of the structures were 'signs' due to having a surface capable of displaying text, despite not yet having advertising affixed, and were therefore entitled to non-conforming use. The court reversed and remanded the Board's decisions regarding these four structures. However, it affirmed the district court's judgment for the remaining three structures, which lacked such a surface, and also upheld the constitutionality of the City's sign ordinance against a takings claim.

ZoningOutdoor AdvertisingNon-conforming UsePermit DenialExtraterritorial JurisdictionAbuse of DiscretionStatutory InterpretationMunicipal OrdinanceTexas Court of AppealsProperty Rights
References
30
Case No. 2015-08-0509
Regular Panel Decision
Feb 12, 2016

Kelly, Thomas v. Catmur Development Co.

This expedited hearing addressed employee Thomas Kelly's claim for medical benefits for emergency air transport and attorney fees against employer Catmur Development Co. and its insurer, Builders Mutual Insurance Co. Mr. Kelly suffered a severe workplace injury, severing his left thumb, which necessitated an air ambulance transfer for attempted replantation surgery. Catmur denied payment for the air transport based on a utilization review, despite the Bureau's Medical Director overturning this denial. The Court, asserting its authority to independently review medical necessity, found Mr. Kelly was likely to prevail. Consequently, the Court ordered Catmur to cover the $52,900 air ambulance bill and granted a 20% attorney's fee lien on this payment.

Medical BenefitsAttorney FeesExpedited HearingAir Ambulance TransportUtilization Review DenialMedical Necessity DisputeThumb InjuryReplantation SurgeryShelby CountyJudge Jim Umsted
References
4
Case No. 2016-05-0519
Regular Panel Decision
Sep 28, 2016

Foster, Randy v. Gold Street Automotive, LLC

Randy Foster, the employee, filed a Request for Expedited Hearing (REH) seeking workers' compensation benefits from his employer, Gold Street Automotive, LLC, for an alleged left shoulder injury sustained in mid-January 2016. The employee requested a ruling based on a file review without an evidentiary hearing. The Court found that Mr. Foster failed to provide sufficient expert medical evidence linking his rotator cuff tear to his employment with Gold Street. Additionally, the Court determined he did not provide enough evidence to establish entitlement to a panel of physicians. Consequently, the Court denied his request for reimbursement of medical expenses and temporary disability benefits.

Workers' CompensationExpedited HearingShoulder InjuryRotator Cuff TearCausationMedical EvidenceBurden of ProofDenial of BenefitsUninsured Employer's FundTennessee Law
References
5
Case No. 2015-05-0193
Regular Panel Decision
Aug 03, 2016

Felter, Jessica v. MMR Senior Alliance Group

Jessica Felter, a caregiver for MMR Senior Alliance Group, sought workers' compensation benefits after a slip and fall in an icy parking lot at a client's residence before her shift. MMR denied the claim, arguing the injury did not arise out of or in the course of employment. The Workers' Compensation Judge, Robert Durham, conducted an expedited hearing, reviewing the file without an evidentiary hearing. The Court found Ms. Felter's evidence sufficient to establish she is likely to prevail, applying the "premises rule" exception to the "going and coming" rule. Consequently, the Court granted Ms. Felter's request for medical benefits, ordering MMR to pay for emergent care and provide a panel of authorized treating physicians for her work-related injury.

Slip and FallPremises LiabilityGoing and Coming RuleWorkers' Compensation BenefitsMedical BenefitsHome Health NurseCaregiver InjuryIcy ConditionsParking Lot AccidentExpedited Hearing
References
6
Case No. 2015-06-0814
Regular Panel Decision
Feb 19, 2016

Erickson, Douglas v. Wilson and Associated, P.C.

The employee, Douglas Erickson, filed a Request for Expedited Hearing seeking medical benefits for a tick-borne illness he allegedly contracted on July 10, 2015, while working as a surveyor for Wilson and Associates, P.C. The employer denied the claim. The court reviewed the file without an evidentiary hearing. Judge Robert Durham found that Mr. Erickson failed to provide sufficient evidence to establish that he was likely to prevail on the merits regarding the compensability of his alleged injury, specifically concerning causation and the reasonableness and necessity of past medical expenses. The court noted a lack of a specific incident for the tick bite, conflicting medical opinions on causation, and a failure to consult with the employer before incurring unauthorized medical expenses. Consequently, the employee's request for medical benefits was denied.

Workers' CompensationMedical Benefits DenialTick Bite InjuryCausation DisputeExpedited HearingBurden of ProofMedical Expense ReimbursementUnauthorized Medical CareSurveyor EmployeeTennessee Workers' Compensation Law
References
7
Case No. 2015-07-0089
Regular Panel Decision
Dec 11, 2015

Duck, Melissa v. Cox Oil Co.

The employee, Melissa Duck, sought an expedited hearing for medical benefits following a fall at her workplace, Cox Oil Co., claiming injuries occurred in the course and scope of her employment. The employer contended that Ms. Duck had quit moments before her fall, thus severing the employment relationship. The Court, reviewing the case solely on submitted documents, analyzed whether an employee leaving the premises immediately after quitting is still covered under workers' compensation law. Citing various legal precedents, the Court determined that an employee remains in the course and scope of employment for a reasonable period while exiting the premises after termination. Consequently, the Court found Ms. Duck likely to prevail and granted her request for medical benefits, ordering Cox Oil Co. to provide a panel of physicians for her evaluation.

Workers' CompensationMedical BenefitsCourse of EmploymentScope of EmploymentEmployee TerminationPremises LiabilityExpedited HearingGibson CountyTennesseeSlip and Fall
References
17
Case No. 2016-03-0450
Regular Panel Decision
Aug 12, 2016

Mullins, Johnny v. Consolidated Nuclear Security, LLC

Johnny Mullins, an employee, sought medical benefits for work-related bilateral hearing loss, alleging exposure to loud noise and organic solvents. The employer, Consolidated Nuclear Security, LLC, and its carrier, AIG Insurance Company, did not object to a file review for the Expedited Hearing. The Court determined that Mr. Mullins presented sufficient evidence to likely prevail on his claim for medical benefits. The Court granted his request, ordering the employer and carrier to authorize an appointment with Dr. Schultz as the treating physician for the March 24, 2016 hearing loss claim. An Initial Scheduling Hearing is set for October 26, 2016.

Workers' CompensationMedical BenefitsHearing LossOccupational ExposureExpedited HearingPhysician SelectionCumulative TraumaTennessee LawMedical Treatment AuthorizationEmployer Responsibility
References
3
Case No. 2016-08-0669
Regular Panel Decision
Nov 30, 2016

Holyfield, Eve v. Senior Helpers

Eve Holyfield, a caregiver, filed a Request for Expedited Hearing seeking medical and temporary disability benefits for scabies she claimed developed while caring for a client. Her employer, Senior Helpers, and their insurance carrier, Travelers Commercial Casualty Co., denied the claim, asserting a lack of work-related causation. The Court of Workers' Compensation Claims at Memphis, presided over by Judge Jim Umsted, conducted a file review. The Court weighed conflicting medical opinions, siding with dermatologist Dr. James Turner who discounted a work-related cause, over Nurse Practitioner Floyd Gresham. Consequently, the Court denied Holyfield's request for benefits, finding her unlikely to prevail on the issue of causation.

ScabiesOccupational InjuryCausation DisputeMedical Expert TestimonyWorkers' Compensation LawExpedited ProceedingsFile Review DecisionDermatological ConditionEmployer ResponsibilityInsurance Claim Denial
References
2
Case No. 2015-02-0024
Regular Panel Decision
Jul 27, 2015

James, Bobby v. Landair Transport, Inc.

Bobby James, the Employee, filed a Request for Expedited Hearing seeking medical and temporary disability benefits from Landair Transport, Inc., the Employer, and Starnet Ins. Co./Key Risk, the Insurance Carrier. Mr. James alleged an injury on August 20, 2014, from an automobile accident during employment. The Court, presided over by Judge Brian K. Addington, reviewed the record and evidence. It found that Mr. James did not present sufficient evidence to prove a physical injury at work or that his alleged mental injury was related to the MVA, citing a history of pre-existing conditions and inconsistent accounts of the incident. Consequently, the Court denied Mr. James' claim for requested medical and temporary disability benefits.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Disability BenefitsAutomobile AccidentHead TraumaMental InjuryPre-existing ConditionCausationEmployment Scope
References
1
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