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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

Nabors Drilling, U.S.A., Inc. v. Escoto

The Texas Supreme Court reversed a court of appeals' decision, reinstating a trial court's take-nothing judgment in a negligence case. The case involved the families of accident victims (collectively, Escoto) suing Nabors Drilling U.S.A., Inc. after an off-duty, fatigued employee, Robert Ambriz, caused a fatal car accident after a 12-hour night shift. The plaintiffs argued Nabors was negligent by creating work conditions that induced extreme fatigue and by failing to train employees about its dangers. The Supreme Court held that an employer has no duty to prevent injuries caused by off-duty, fatigued employees, nor a duty to train them about fatigue. The Court distinguished fatigue from intoxication cases, noting the lack of a quantitative measure for fatigue, the difficulty for employers to control off-duty factors, and the common knowledge of driving while fatigued being a risk. The Court emphasized that an employer must affirmatively exercise control over an incapacitated employee due to known impairment for such a duty to arise, which was not the case here.

Employer LiabilityOff-Duty Employee ConductEmployee FatigueNegligenceDuty of CareAutomobile AccidentWrongful DeathTexas LawCommon Law DutyForeseeability
References
47
Case No. ADJ10922202
Regular
Oct 25, 2019

MICHAEL SMITH vs. PACIFIC BELL TELEPHONE, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior finding, and remanded the case. Defendant argued the current claim for fatigue was duplicative of a prior claim with an open stipulated award for fatigue. The Board found the previous Compromise and Release did not resolve the fatigue injury, potentially allowing the new application to be treated as a petition for new and further disability. The matter was returned to the trial level for the judge to determine if the application should be construed as such.

Workers' Compensation Appeals BoardPacific Bell TelephoneOld Republic Insurance CompanySedgwick CMSFinding of Fact and AwardPetition for ReconsiderationSenior Development EngineerDuplicative InjuryOpen Stipulated AwardFatigue
References
1
Case No. MISSING
Regular Panel Decision

Harriman v. Shaw Aero Devices, Inc.

Claimant sought workers' compensation benefits in 1993, alleging chronic fatigue syndrome and other illnesses from her secretarial work, initially citing work-related stress and later chemical exposure. After multiple proceedings, the Workers’ Compensation Board denied her claim in April 2001, finding no causal link between her condition and employment. The claimant appealed this decision. The appellate court affirmed the Board's ruling, concluding that the claimant failed to provide sufficient medical evidence to establish a causally related exacerbation of her chronic fatigue syndrome due to either occupational stress or chemical exposure. The court also upheld the Board's discretion in rejecting a physician's report submitted late without excuse.

Chronic fatigue syndromeWorkers' compensationCausationChemical exposureOccupational stressMedical evidenceAppealsAdministrative lawEvidentiary burdenBoard discretion
References
4
Case No. MISSING
Regular Panel Decision

National Convenience Stores Inc. v. Matherne

This case involves a wrongful death and survival action brought against National Convenience Stores (NCS) by the estate and family of Ramon Tamez, an employee who died in a car accident while on company business. NCS, a non-subscriber to worker's compensation, appealed a jury verdict finding it negligent. The appellate court analyzed whether NCS breached duties related to unsafe driving habits and employee fatigue. It concluded that NCS had no duty to train an experienced driver on basic traffic laws or to monitor his driving record. Furthermore, it found no evidence that NCS had actual or constructive knowledge of Ramon Tamez's fatigue to trigger a duty to prevent him from driving. Therefore, the appellate court reversed the trial court's judgment and rendered a take-nothing judgment.

Wrongful DeathSurvival ActionEmployer NegligenceEmployee DutyDriving SafetyEmployee FatigueNon-subscriber EmployerProximate CauseLegal DutySufficiency of Evidence
References
22
Case No. ADJ7486670
Regular
Nov 07, 2013

NAGUI MANKARUSE vs. RAYTHEON COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board granted the applicant's Petition for Removal because he was unable to adequately prepare for a pretrial conference due to medication side effects and fatigue. The Board rescinded the prior order continuing the matter to trial, returning it to the trial level for a status conference. The applicant was cautioned that he must comply with Workers' Compensation Appeals Board rules, including verifying his petitions, to avoid dismissal.

Petition for RemovalUnverified PetitionWCJRescind OrderInformation and Assistance OfficerPretrial Conference StatementStatus ConferenceRules of Practice and ProcedureVerification RequirementAdministrative Law Judge
References
0
Case No. ADJ1623796 (VEN 0099796) ADJ4140441 (VEN 0089494)
Regular
Apr 30, 2013

Sharon Barnes vs. John McNeil, D.D.S, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The Board found that the applicant sustained an industrial injury to her neck and back, resulting in fibromyalgia and chronic fatigue syndrome. While affirming most of the prior award, the Board specifically changed the commencement date of the second period of temporary disability to February 11, 2011, aligning with a QME's opinion regarding the applicant's condition. Consequently, attorney fees were adjusted to reflect this revised period of temporary disability.

WCABReconsiderationFindings Award OrderIndustrial InjuryFibromyalgiaChronic Fatigue SyndromeChronic Pain SyndromeQualified Medical EvaluatorQMETemporary Disability Indemnity
References
4
Case No. ADJ1497797 (OAK 0293880)
Regular
Jan 13, 2011

IRWIN FRIEDMAN vs. FRANK ROMBAUER CELLAR, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed the judge's findings regarding industrial injury to the applicant's respiratory system, eyes, throat, psyche, and resulting chronic fatigue and insomnia. The Board agreed the applicant's permanent disability rating of 61% was supported by the evidence and rejected the applicant's argument that he was unable to compete in the open labor market. However, the Board deferred the Employment Development Department's lien and amended the permanent disability indemnity rate to $185.00 per week.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityIndustrial InjuryRespiratory SystemEyesThroatPsycheChronic FatigueInsomnia
References
4
Case No. ADJ10036839 (Master) ADJ10035604
Regular
Nov 29, 2017

ERIC VOLK vs. LITTLE COMPANY OF MARY HOSPITAL

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, remanding the case for further proceedings. The Board found a conflict between the Qualified Medical Examiner's opinion on partial remission of the applicant's psychiatric condition and the denial of future medical treatment, necessitating further development of that issue. Additionally, the Board noted procedural issues regarding the attorney's fee request and the findings on digestive system and chronic fatigue syndrome claims. The case will return to the trial level to address these matters.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings of Fact and AwardQualified Medical EvaluatorQMEAdjustment Disorderpartial remissionfuture medical treatmentattorney's feestemporary disability indemnity
References
0
Case No. ADJ3931400 (MON 0218725) ADJ4561489 (MON 0257189)
Regular
Nov 07, 2008

ELLEAN SLAUGHTER vs. CENTINELA HOSPITAL MEDICAL CENTER/TENET HEALTHCARE CORPORATION

This case involves a petition to reopen a worker's compensation claim where the applicant's permanent disability increased from 77.5% to 100% due to chronic pain syndrome. The defendant argued for apportionment to non-industrial conditions like multiple sclerosis and chronic fatigue syndrome. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new permanent disability rating, specifically requiring apportionment of the increased disability to the applicant's non-industrial conditions as per *Vargas v. Atascadero State Hospital*.

ReconsiderationPermanent DisabilityApportionmentNew and Further DisabilityChronic Pain SyndromeMultiple SclerosisChronic Fatigue SyndromeAgreed Medical ExaminersSB 899Vargas v. Atascadero State Hospital
References
3
Case No. ADJ8903652
Regular
Nov 30, 2017

Deric Hobson vs. BECHTEL GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration, amending the original award to find applicant permanently totally disabled (100% permanent disability). This decision overturned the trial judge's finding of 88% permanent disability, accepting the applicant's argument that his admitted Valley Fever injury rendered him unemployable. The Board found persuasive the vocational expert's opinion that the applicant's chronic pain, fatigue, and concentration issues made him unemployable and not amenable to vocational rehabilitation, despite the defense's vocational expert's opposing view. The case was returned for a new award reflecting 100% permanent disability.

Valley FeverCoccidiomycosiscumulative traumapermanent total disabilityvocational expertAMA GuidesWhole Person Impairmentsemi-sedentary workactivities of daily livingvocational rehabilitation
References
2
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