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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

Liberty Mutual Insurance Co. v. Burk

Liberty Mutual Insurance Company appealed a judgment finding that Roy Burk's work-related back injury caused his polyneuropathy and foot ulceration. Burk, injured in 1998, developed complications including cauda equina syndrome, leading to conditions like nerve root impairment, polyneuropathy, and foot ulcerations, which the insurer disputed were work-related, suggesting diabetes as the cause. The trial court, reviewing a Workers' Compensation Appeals Panel decision, ruled that the work injury extended to Burk's polyneuropathy and foot ulcerations, but not his diabetes. Liberty Mutual contended that the evidence was legally and factually insufficient, citing a lack of medical expert testimony from Burk and relying on their expert's opinion. The appellate court affirmed the trial court's judgment, concluding that sufficient evidence, including conflicting expert testimony and the judicial notice of the prior appeals panel decision, supported the causal link between Burk's work injury and his conditions.

Judicial ReviewPolyneuropathyFoot UlcerationCauda Equina SyndromeBack InjurySufficiency of EvidenceCausationMedical Expert TestimonyTexas Labor CodeAppeals Panel Decision
References
28
Case No. MISSING
Regular Panel Decision
Mar 25, 2004

Foote v. Lyonsdale Energy Limited Partnership

Glenn A. Foote, Jr., an employee, sustained injuries when a wood chip stacker collapsed at the Lyonsdale Cogeneration Facility. He and his wife filed a lawsuit alleging negligence and violations of Labor Law §§ 200, 240, and 241 against the facility owners (Lyonsdale Energy Limited Partnership and Moose River Energy, Inc.), the stacker designer (American Bin & Conveyor), and the procurer (Wolf & Associates). The Supreme Court partially granted summary judgment to Lyonsdale and Wolf, dismissing the Labor Law § 240(1) claim against Lyonsdale and the negligence claim against Wolf. On cross-appeals, the Appellate Division affirmed the lower court's decision, concluding that Labor Law § 240(1) was inapplicable as the injury resulted from the structure's collapse rather than the failure of a safety device. The court also upheld the dismissal of the negligence claim against Wolf due to the absence of a duty to the plaintiff, and found a question of fact existed regarding Lyonsdale's supervisory control, thus denying summary judgment to Lyonsdale on other claims.

Labor LawWorkplace InjurySummary JudgmentNegligenceElevated Work SiteScaffold LawWood Chip StackerDesign DefectSupervisory ControlContractual Obligation
References
19
Case No. 2-08-444-CV
Regular Panel Decision
Aug 31, 2009

Liberty Mutual Insurance Company v. Roy Burk

Roy Burk sustained a work-related back injury in 1998, which necessitated multiple surgeries, including one for cauda equina syndrome. Liberty Mutual Insurance Company, who accepted the initial injury, later contested the extent of Burk's injury, specifically arguing that his work injury did not cause his polyneuropathy and foot ulceration. Following a Contested Case Hearing and an affirmation by an appeals panel in Burk's favor, Liberty Mutual initiated judicial review. The trial court subsequently ruled that Burk's work-related injury did indeed extend to his polyneuropathy and foot ulcerations. Liberty Mutual appealed this decision, citing legal and factual insufficiency of the evidence. The Court of Appeals, Second District of Texas, affirmed the trial court's judgment, finding legally and factually sufficient evidence to support the trial court's findings, highlighting inconsistencies in the expert testimony presented by Liberty Mutual.

Workers' CompensationJudicial ReviewSufficiency of EvidenceCausationPolyneuropathyFoot UlcerationBack InjuryCauda Equina SyndromeMedical Expert TestimonyTexas Law
References
28
Case No. MISSING
Regular Panel Decision
Dec 02, 1977

Beckley v. Transworld Airlines

This case involves an appeal from a Workers’ Compensation Board decision, filed on March 3, 1977, and subsequently amended on December 2, 1977. The Board had affirmed a referee’s decision which disallowed a claim for compensation benefits. The disallowance was based on the finding that the claimant’s ulcerative colitis was not causally related to their occupation as an inflight service supervisor. The Board’s determination relied on a medical report by Dr. Jacobi and testimony from Ms. Wolf, concluding that the ailment was not an inherent hazard of the occupation. The appellate court reviewed the entire record and found substantial evidence to support the Board's decision, thus affirming it without costs.

Ulcerative ColitisCausationOccupational IllnessMedical Expert TestimonyInflight Service SupervisorBenefit DisallowanceAppellate ReviewBoard Decision AffirmationMedical Report FindingsSufficiency of Evidence
References
0
Case No. 07 Civ. 1358(DAB)
Regular Panel Decision
Sep 29, 2009

Osberg v. Foot Locker, Inc.

Plaintiff Geoffrey Osberg filed a class action against Foot Locker, Inc. and its Retirement Plan, alleging violations of ERISA due to the 1996 conversion of the plan to a cash balance system. The complaint included claims for age discrimination, insufficient notice of benefit reduction, misleading summary plan descriptions (SPDs), and breach of fiduciary duties. Defendants moved to dismiss all counts, but the court denied dismissal on grounds of standing and statute of limitations for all claims. The court granted the motion to dismiss for age discrimination (Count One) and insufficient notice under the 1996 ERISA § 204(h) (Count Two), aligning with precedents that found cash balance plans not inherently age discriminatory and that the notice provided met the then-current requirements. However, the court denied the motion to dismiss regarding the misleading SPD (Count Three) and breach of fiduciary duty (Count Four), concluding that the SPD might have been insufficiently clear about the "wear-away" effect and benefit reductions, thereby supporting the breach of fiduciary duty claim.

ERISApension plancash balance planbenefit conversionage discriminationfiduciary dutysummary plan descriptionnotice requirementsmotion to dismissstatute of limitations
References
15
Case No. MISSING
Regular Panel Decision

Collins v. Liberty Mutual Insurance Co.

This case concerns an action for workmen's compensation death benefits initiated by the widow of Douglas S. Collins against Foote Mineral Company, the insured employer. Mr. Collins died following an automobile accident, with his death certificate indicating an 'apparent heart attack' as the cause. The plaintiff argued for an inference that the death arose out of and in the course of employment, referencing Milstead v. Kaylor. However, the court emphasized that merely being found dead at work in Tennessee does not automatically establish a prima facie case; additional evidence, such as exertion or an accident aggravating a pre-existing condition, is required. Given the plaintiff's insufficient proof to connect Mr. Collins' death directly to his employment, the trial court's dismissal of the action was affirmed.

Workmen's CompensationDeath BenefitsCourse of EmploymentArising Out of EmploymentBurden of ProofInference of Death CauseApparent Heart AttackAutomobile AccidentInsufficient EvidenceAffirmed Decision
References
10
Case No. ADJ350092 (LBO 0372531)
Regular
Apr 23, 2010

PATRICK FOOTE vs. MEDADENT BIOMEDICAL; SCIF INSURED SANTA ANA

The Workers' Compensation Appeals Board dismissed Patrick Foote's petition for reconsideration because it was unverified and lacked proof of service, violating Labor Code sections 5902 and 5905. The Board noted that the applicant had ample opportunity to cure these defects but failed to do so. Even if the procedural defects were overlooked, the Board would have denied the petition based on the original administrative law judge's findings. Ultimately, the petition was dismissed for non-compliance with procedural requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalIndustrial InjuryPsycheUpper BackNeckHeadIn Pro PerUnverified Petition
References
1
Case No. 2017-05-0720
Regular Panel Decision
May 03, 2018

Hunt, Alice v. Kroger

Ms. Hunt, a Kroger employee, sought workers' compensation benefits for complications from diabetes and hypertension, which she alleged were caused by work-related stress from pushing shopping carts in hot weather. She experienced a syncopal episode at work in May 2017 and later developed retinal detachment and a foot ulceration, attributing these to the incident. The Court conducted an expedited hearing to determine if these complications causally related to her employment. The Court found insufficient medical evidence to establish a causal connection between Ms. Hunt's work activity and her health problems, noting her pre-existing conditions. Therefore, the request for benefits was denied, as Ms. Hunt failed to show a likelihood of prevailing at trial based on expert medical testimony.

Workers' CompensationExpedited HearingDenial of BenefitsCausationMedical EvidencePre-existing ConditionDiabetes ComplicationsHypertensionSyncopal EpisodePeripheral Neuropathy
References
4
Case No. MISSING
Regular Panel Decision

Matter of Phelan v. Bethpage State Park, New York State Department of Parks & Recreation

Claimant, a groundskeeper for over 35 years at a state park, developed a diabetic ulceration with osteomyelitis in his right foot, necessitating surgery and partial amputation. He filed for workers' compensation benefits, attributing his condition to cold exposure from his outdoor work. The employer and carrier controverted the claim, arguing the condition stemmed from diabetes, not his employment. Initially, a Workers’ Compensation Law Judge found a causally related occupational disease and awarded benefits. However, the Workers’ Compensation Board reversed this decision, disallowing the claim due to a lack of causally related occupational disease. On appeal, the court affirmed the Board's determination, concluding that the claimant's condition was alleged to result from an environmental condition rather than a distinctive feature of his occupation, and that the submitted medical evidence of a causal relationship was not compelling.

Occupational DiseaseCausal RelationshipDiabetic UlcerationOsteomyelitisCold ExposureGrounds KeepingWorkers' Compensation BenefitsMedical EvidenceAppellate ReviewWorkers’ Compensation Board Reversal
References
7
Case No. MISSING
Regular Panel Decision

Burns v. Union Standard Insurance Co.

Mrs. Ruby Burns, an employee of Freddie Burns General Construction Company, sustained an injury to her left ankle and foot on September 30, 1974. She filed a worker's compensation claim, alleging a general injury to her ankle, leg, hip, and back. The compensation carrier contended it was a specific injury limited to her left ankle and foot. The jury found the injury was confined to her left foot and leg below the knee and determined a 10% permanent partial loss of use of her left foot. Mrs. Burns appealed the judgment, citing errors in the jury charge and a lack of evidentiary support for the verdict. The appellate court affirmed the trial court's decision, finding no reversible error in the submission of special issues or the jury's findings.

Worker's CompensationSpecific InjuryGeneral InjuryJury VerdictPermanent Partial DisabilityAnkle SprainNerve Root IrritationAppellate ReviewJury ChargeSufficiency of Evidence
References
3
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