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Case Law Database

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

Case No. 2017-06-1778
Regular Panel Decision
Apr 11, 2018

Demotte, Julie v. UPS

Julie Demotte sustained a workplace injury involving a broken hip and leg in November 2016 while working for UPS. UPS initially accepted the claim and provided temporary disability benefits. Dr. Jason Evans, the authorized treating physician, placed Ms. Demotte at maximum medical improvement and assigned a three-percent whole-person impairment rating. A compensation hearing was held to determine Ms. Demotte's entitlement to permanent disability, temporary disability, and future medical benefits. The Court ordered UPS to provide lifetime medical benefits for Ms. Demotte's workplace injury, but denied her claims for both temporary and permanent disability benefits. The denial of permanent disability was based on the inadmissibility of Form C-30A as proof of impairment, as Ms. Demotte failed to present admissible evidence. Additionally, the claim for further temporary disability benefits was denied due to an earlier overpayment by UPS that exceeded any subsequent amounts due.

Workplace InjuryFuture Medical BenefitsTemporary Disability BenefitsPermanent Disability BenefitsAdmissibility of Medical ReportsForm C-30AForm C-32Impairment RatingHearsayMaximum Medical Improvement
References
2
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. 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. 2016-01-0035 / 67325-2014
Regular Panel Decision
Aug 07, 2017

Findley, Jack v. Volswagen Group of America, Inc.

This case involves an employee, Jack Keith Findley, who sustained a back injury while working for Volkswagen. He sought temporary and additional permanent partial disability benefits, leading to a dispute over his impairment rating, maximum medical improvement date, and the compensability of his condition. The Court of Workers' Compensation Claims sided with Mr. Findley, awarding him the requested disability benefits and future medical care under Dr. Jolley, based on Dr. Hodges' medical opinion regarding his work-related injury and functional limitations. The court also allowed Volkswagen to offset short-term disability payments.

Workers' CompensationPermanent Partial DisabilityTemporary Partial DisabilityMedical BenefitsImpairment RatingMaximum Medical ImprovementVoluntary ResignationMedical Opinion ConflictBack InjuryLumbar Disc Herniation
References
5
Case No. 2016-08-1235
Regular Panel Decision
Oct 02, 2017

Zhu, Hongwei v. Great China Supermarket

Mr. Hongwei Zhu filed for an expedited hearing seeking medical and temporary total disability benefits for a left ankle injury sustained on October 25, 2016, while working for Great China Supermarket. The employer was uninsured and disputed the claim. The Court found Great China Supermarket subject to Workers' Compensation Law, granted Mr. Zhu's request for past and future medical treatment with Dr. James Robinson, and found him eligible for benefits from the Uninsured Employer's Fund. However, the Court denied temporary total disability benefits as the period of disability was less than seven days.

Ankle InjuryMedical BenefitsTemporary DisabilityUninsured EmployerExpedited HearingCausationEmployer LiabilityWorkplace InjuryMedical TreatmentDisability Claim
References
5
Case No. 2018-06-1641
Regular Panel Decision
Apr 26, 2019

DZIADOSZ, JASON v. WHITESTONE INVESTMENTS, INC.

Mr. Jason Dziadosz, an employee of Whitestone Investments, Inc., filed for temporary disability and medical benefits due to a left-hand injury. The Court of Workers' Compensation Claims at Nashville held an expedited hearing, finding that Mr. Dziadosz's injury likely arose from his employment. The Court granted medical benefits, designating Dr. Todd Wurth as the authorized treating physician for future care and ordering Whitestone Investments to reimburse $250 for prior treatment. However, the request for temporary disability benefits was denied as no medical professional had placed Mr. Dziadosz off work beyond the period for which he had already received benefits. The matter is set for Status Conference on June 24, 2019.

Medical Benefits GrantedTemporary Disability DeniedLeft Hand InjuryTenosynovitisTrigger FingerAuthorized Physician DesignationEmployer Refusal of TreatmentExpedited Hearing OrderWork-Related InjuryCausation
References
4
Case No. 2016-08-0935
Regular Panel Decision
Apr 28, 2021

Cole, Giles v. YRC, Inc.

Giles Cole, a truck driver, suffered head and back injuries in a September 23, 2015, accident. He sought disability and medical benefits for these injuries. The Court, weighing expert medical opinions from Drs. Randolph, Chung, Parsioon, and Hardy, found Mr. Cole sustained a concussion but no permanent disability from it, and his alleged back injury was not causally related to the accident. Consequently, the Court denied Mr. Cole's request for disability benefits for both injuries. However, YRC, Inc. was ordered to provide future medical benefits for the concussion.

Workers' CompensationConcussionHead InjuryBack InjuryMedical BenefitsOccupational MedicineNeurosurgeonImpairmentMaximum Medical ImprovementCausation
References
4
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. 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. 2015-01-0429
Regular Panel Decision
Sep 25, 2018

Lamm, Terry v. E. Miller Construction, Inc.

Terry Lamm, an employee of E. Miller Construction, Inc. (EMC), filed a workers' compensation claim after sustaining a back injury while lifting an H-beam. EMC denied further medical treatment and temporary disability benefits, alleging willful misrepresentation of Lamm's spinal history and disputing causation. The Court rejected EMC's willful misrepresentation defense, finding no detrimental reliance on the inaccurate health questionnaire. The Court awarded Mr. Lamm permanent partial disability benefits totaling $41,393.97 and future medical benefits, determining that his injury and subsequent disability arose primarily out of and in the course and scope of employment. The decision was based on expert medical testimony, particularly Dr. Kennedy's opinion, which the Court found more credible given Lamm's consistent work history prior to the injury and his inability to work afterward.

Permanent Partial DisabilityMedical BenefitsWillful Misrepresentation DefenseCausationPre-existing Condition AggravationDegenerative Disc DiseaseLumbar Spine InjuryImpairment RatingTreating Physician OpinionEmployment-related Injury
References
7
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