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

Case No. 08-11-00264-CV
Regular Panel Decision
Oct 08, 2014

Maria G. Thompson/Luis Marioni, D.C. v. Jaime Stolar, M.D., Alivio Medical Center, Alivio Treatment Centers, P.A. and Luis Marioni, D.C./Maria G. Thompson

This multi-party appeal originated from a medical and chiropractic malpractice lawsuit filed by Maria G. Thompson against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center and Alivio Treatment Centers, P.A. Thompson alleged negligence resulting in severe knee injuries, including infection and fusions, following injections and treatment. A jury found Dr. Stolar and Dr. Marioni negligent, awarding damages. On appeal, the court reversed the judgment against Dr. Marioni due to insufficient evidence of causation but affirmed the judgment against Dr. Stolar. The court also upheld the denial of Thompson's claims regarding damages and apparent agency against Alivio.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSpontaneous FusionSurgical FusionNegligenceCausationDamages AssessmentApparent Agency
References
48
Case No. 2023-06-4955
Regular Panel Decision
Jun 18, 2024

Kean, Carma v. NAVION BKE BELLEVUE, LLC

Navion BKE Bellevue, LLC, filed a motion for partial summary judgment, contending there was no genuine issue of material fact regarding permanent impairment from Ms. Kean’s work-related injury. After a hearing, the Court granted the motion, finding no permanent impairment. However, because the parties agreed the claim was compensable, the Court ordered Navion to provide continuing reasonable and necessary medical treatment. The Court dismissed Ms. Kean's claim for permanent disability benefits with prejudice but affirmed her entitlement to future medical benefits, the need for which must be determined at the time they are requested.

Summary JudgmentPermanent ImpairmentMedical Treatment BenefitsWorkers' Compensation Appeals BoardAdmissibility of EvidenceC-32 FormsMedical Records AdmissibilityWaiver of ObjectionCompensabilityTemporary Disability Benefits
References
6
Case No. 02-22-00072-CV
Regular Panel Decision
Jul 27, 2023

BioTE Medical, LLC v. John Carrozzella, MD, JCMD Medical Services, Inc., Dan Deneui, and Terri Deneui

This case addresses whether a contractual "residual benefit" clause, requiring a post-termination fee for using a competing treatment method, constitutes a covenant not to compete under Texas law. Appellant BioTE Medical, LLC, licensed a pellet-based bioidentical hormone replacement therapy (BHRT) method. Appellee JCMD Medical Services, Inc., a former customer, terminated its agreement and began using a competitor's BHRT without paying the residual-benefit fee. BioTE Medical sued JCMD for breach of contract. The trial court granted summary judgment to JCMD, finding the clause unenforceable either as a noncompete or a violation of public policy. The appellate court reversed, holding that the residual-benefit clause is not a covenant not to compete as it does not restrict JCMD from competing with BioTE Medical, but rather from using a competitor's product. The court also declined to invalidate the clause on uncodified public policy grounds, deferring to the Legislature's policy determinations.

Contract lawCovenants Not to Compete ActResidual benefit clausePublic policyBioidentical hormone replacement therapy (BHRT)Breach of contractSummary judgmentAppellate reviewTexas lawBusiness and Commerce Code
References
33
Case No. 13-09-00350-CV
Regular Panel Decision
Jan 21, 2010

Gulf Coast Medical Center, LLC, Tony Todd, Crna, Dan Madsen, M.D. and South Texas Medical Clinics, P.A. v. Jacqueline Temple and Marcus Banks, Individually and as Representatives of the Estate of Markasia Banks, a Minor Child

Appellants, Gulf Coast Medical Center, LLC, Tony Todd, CRNA, Dan Madsen, M.D., and South Texas Medical Clinics, P.A., appealed the trial court's denial of their motions to dismiss. The underlying suit was filed by appellees Jacqueline Temple and Marcus Banks, alleging negligence in the care and treatment of their deceased minor child, Markasia Banks. The core issue on appeal was the appellees' failure to timely serve an expert medical report as required by the Texas Civil Practice and Remedies Code. The Court of Appeals determined that the appellees' claims were 'health care liability claims' and that the expert report was indeed untimely, and that an abatement due to a failure to provide medical authorization did not extend the deadline. The court also affirmed the constitutionality of the expert report requirement. Consequently, the appellate court reversed the trial court's judgment, granted the appellants' motions to dismiss, and remanded the case for the award of attorney's fees and costs to the appellants.

Health Care Liability ClaimExpert Medical ReportMotion to DismissTimeliness of ReportAbatementMedical MalpracticeNegligenceDue ProcessTexas ConstitutionAppellate Review
References
32
Case No. 2016-08-1486
Regular Panel Decision
Nov 30, 2018

Nance, Amy v. JCSD Emergency Medical Group d/b/a Medic One Response

Ms. Nance, an emergency medical technician, injured her left upper extremity while moving a patient. After conservative treatment, she was diagnosed with cubital tunnel syndrome and later recommended for a cervical spine evaluation by Dr. Cole. Medic One denied the requested benefits, claiming misrepresentation and non-work-related activity. The Court found Ms. Nance likely to prevail for medical benefits, ordering Medic One to authorize a cervical spine evaluation and allow her to select a specialist. However, Ms. Nance was not found eligible for temporary disability benefits due to insufficient medical proof of disability.

Workers' CompensationMedical BenefitsTemporary Disability BenefitsCubital Tunnel SyndromeCervical Spine EvaluationMedical MisrepresentationCausal ConnectionExpedited HearingPermanent ImpairmentTreating Physician
References
3
Case No. 2021-02-0554
Regular Panel Decision
Mar 28, 2024

McMillan, Lanell v. ULG Companies, LLC

The employer, ULG Companies, LLC, filed a motion for summary judgment contending that Mr. McMillan did not suffer an injury causing a medical impairment or requiring additional medical treatment. The Court partially agreed, granting the motion regarding permanent disability benefits, based on Dr. Kerner's report indicating no permanent impairment or work restrictions. However, the Court denied summary judgment on future medical treatment, stating it cannot definitively determine future needs and that an employee is entitled to reasonable, necessary, and work-related medical treatment under Tennessee law. The Court emphasized that it may determine responsibility for future medical treatment.

Summary JudgmentPermanent Disability BenefitsMedical Treatment EntitlementMaximum Medical ImprovementPhysician Assistant Report AdmissibilityEvidence InsufficiencyAnkle InjuryLeg InjuryEmployer LiabilityInsurance Carrier
References
3
Case No. MISSING
Regular Panel Decision

Claim of Cummins v. North Medical Family Physicians

A claimant sustained a work-related back injury and sought continued medical treatment, which was initially authorized. Disputes over authorization led the claimant to retain an attorney. A Workers’ Compensation Law Judge authorized continued medical treatment but denied counsel fees, stating no "money passing" occurred. The Workers' Compensation Board upheld this decision. The claimant appealed, arguing the Board unconstitutionally applied Workers’ Compensation Law § 24, misinterpreted the statute regarding fee payment from medical benefits, and abused its discretion. The appellate court affirmed the Board's decision, ruling that counsel fees must be paid from "compensation," defined as a money allowance, and medical benefits are not considered "compensation" for this purpose, thus finding no abuse of discretion.

Workers' CompensationCounsel FeesAttorney FeesMedical TreatmentStatutory InterpretationConstitutional LawLienCompensation DefinitionAppellate ReviewBoard Decision
References
3
Case No. 2015-07-0040
Regular Panel Decision
Mar 11, 2016

Choate, Jerry v. Revel Logging, LLC

Jerry Choate, a truck driver, sustained neck, back, and head injuries in an August 2014 work accident. He sought permanent partial disability, additional temporary total disability (TTD), and mileage reimbursement. The employer, Revel Logging, LLC, disputed these claims and requested reimbursement for a TTD overpayment. Medical evaluations indicated no permanent impairment and set the maximum medical improvement (MMI) date at December 9, 2014. The Court denied Mr. Choate's claims for permanent partial disability, additional TTD, and mileage reimbursement, concluding his injuries did not result in permanent disability and his legal residence was within the qualifying mileage for providers. However, the Court granted Mr. Choate future medical benefits and denied Revel's request for TTD overpayment reimbursement, citing employer oversight and potential hardship to Mr. Choate.

Workers' CompensationDisability BenefitsMedical BenefitsPermanent Partial DisabilityTemporary Total DisabilityMileage ReimbursementOverpayment ReimbursementPost-traumatic HeadachesMaximum Medical Improvement (MMI)Neurosurgeon Evaluation
References
9
Case No. 2015-08-0295
Regular Panel Decision
Apr 06, 2016

Anderson, Barry v. Aramark

Barry Anderson, an employee of Aramark, sustained a right-knee injury on May 26, 2015, while performing strenuous duties in the 'mats cell.' Despite reporting the injury and requesting medical attention, Aramark denied his workers' compensation claim, asserting it was not work-related or was pre-existing. Mr. Anderson sought treatment from Dr. Lloyd Robinson and later orthopedic specialist Dr. Anthony Mascioli, who diagnosed a right-knee medial meniscus tear. In an expedited hearing, the Court found Mr. Anderson credible and his injury compensable, ordering Aramark to provide a panel of physicians for his medical treatment. However, the Court denied his request for past medical expenses and temporary disability benefits without prejudice, allowing for future consideration.

Expedited HearingMedical Benefits ClaimRight Knee InjuryMedial Meniscus TearPanel of PhysiciansEmployer's Denial of ClaimInjury CausationTemporary Disability BenefitsMedical Treatment AuthorizationWorkplace Accident
References
2
Case No. 2021-06-0660
Regular Panel Decision
Apr 28, 2025

Rice, James v. VANDERBILT UNIVERSITY MEDICAL CENTER

James Rice, an employee of Vanderbilt University Medical Center, sustained neck and left arm injuries while working. Following surgical treatment, initial impairment ratings varied significantly among physicians. The Court relied on the Medical Impairment Rating Registry physician, Dr. Jeffrey Hazlewood, who assessed a 12% whole-body impairment. Consequently, Mr. Rice was awarded $20,823.01 in permanent partial disability benefits, calculated strictly by statutory formula. Additionally, Vanderbilt was ordered to provide future reasonable and necessary medical treatment with Drs. Byron Stephens and Donald Lee for his workplace injury.

Workers' CompensationPermanent Partial DisabilityMedical BenefitsImpairment RatingStatutory InterpretationNeck InjuryElbow InjuryTennessee LawCompensation HearingJudicial Review
References
2
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