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Case No. 2019-06-2251

Regular Panel Decision

Aug 31, 2020

Guatemala, Concepcion v. Tyson Food, Inc.

Concepcion Guatemala, an employee of Tyson Foods, Inc., sought reimbursement for medical expenses and additional medical treatment for a lower back injury sustained on August 1, 2019. The Court excluded his medical bills due to lack of authentication, denying his request for reimbursement. However, despite physician opinions suggesting maximum medical improvement, the Court ordered Tyson to authorize a return appointment with Dr. Jeffrey Hazlewood based on the parties' agreement for continued authorized treatment. The case is set for a scheduling hearing on October 26, 2020.

Workers' CompensationMedical TreatmentReimbursement DenialExpedited HearingLumbar SprainMaximum Medical ImprovementPain ManagementTennessee LawMedical EvidenceAuthentication of Bills

References

Case No. 2019-06-2251

Regular Panel Decision

Feb 08, 2022

Guatemala, Concepion v. Tyson Foods, Inc.

Mr. Guatemala, an employee of Tyson Foods, Inc., sustained a lower back injury on August 1, 2019, while driving a truck. He sought continuing medical treatment and reimbursement for past medical expenses. The court granted his request for ongoing treatment from Dr. Jeffrey Hazlewood, which Tyson Foods agreed to provide. However, his claim for reimbursement of past medical expenses, incurred from unauthorized providers, was denied due to lack of admissible proof and authentication of the bills. The decision highlighted the importance of authenticating medical bills and proving their relation to the work injury for reimbursement.

Workers' CompensationMedical TreatmentReimbursementBack InjuryLumbar SprainMaximum Medical ImprovementAuthorized PhysicianMedical ExpensesProof of LossTennessee Court of Workers' Compensation Claims

References

Case No. MISSING

Regular Panel Decision

Palacios v. THE COCA-COLA CO.

Guatemalan labor activists and their family members, including José Armando Palacios and José Alberto Vicente Chavez, sued The Coca-Cola Company and unnamed agents in New York, alleging violence and human rights abuses in Guatemala related to union activities at an affiliated plant. Coca-Cola moved to dismiss the action based on the doctrine of forum non conveniens. The court granted the motion, determining that Guatemala was an available and adequate alternative forum. The decision emphasized the concentration of evidence in Guatemala, the local interest in resolving the dispute, and the likely application of Guatemalan law, despite concerns raised by plaintiffs regarding the Guatemalan judicial system and their safety.

Forum non conveniensInternational litigationGuatemalan labor disputeHuman rights abusesCorporate social responsibilityTort claimsChoice of lawJudicial discretionPrivate interest factorsPublic interest factors

References

Case No. MISSING

Regular Panel Decision

Gabriel v. Johnston's L.P. Gas Service, Inc.

This case involves consolidated actions stemming from a 2005 propane gas explosion that injured nine migrant workers in Schroeppel, New York. The plaintiffs, undocumented workers from Guatemala and Mexico, sued their employer and other companies for damages. Many plaintiffs subsequently left the United States, either voluntarily or due to deportation orders. The core issue on appeal was whether the Supreme Court erred in denying the plaintiffs' motion for a protective order to allow depositions and trial testimony via video conference from Guatemala and Mexico due to undue hardship. The Appellate Division concluded that the Supreme Court abused its discretion, granting the protective order to allow video depositions for undeposed plaintiffs and video trial testimony for all plaintiffs abroad, citing financial and legal impediments as undue hardship and exceptional circumstances. The court also noted that this decision aligns with sound public policy, preventing the undermining of tort deterrence principles and discouraging the illegal employment of aliens.

Migrant WorkersUndocumented ImmigrantsVideo DepositionsRemote TestimonyUndue HardshipDiscovery DisputeProtective OrderAppellate ReviewTort DeterrencePersonal Injury

References

Case No. ADJ8061002

Regular

Oct 29, 2014

EVELYN MENCOS vs. JC PENNEY CORPORATION, INC., NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

In *Mencos v. JC Penney Corporation*, the Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a decision awarding the applicant temporary and permanent disability for a low back injury. The Board affirmed the finding that the employer was not prejudiced by the applicant's delayed reporting of the injury. However, the WCAB deferred the issue of reimbursement for self-procured medical treatment in Guatemala pending further record development regarding reasonableness and necessity, and proof of out-of-pocket expenses. The Board also amended the award to correct clerical errors regarding the date of injury and the insurer's name.

Workers' Compensation Appeals BoardEvelyn MencosJC Penney CorporationNational Union Fire Insurance CompanyPetition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjurySupervisorTemporary Disability

References

Case No. CA 11-02517

Regular Panel Decision

Jun 15, 2012

GABRIEL, HUGO RAFAEL RAMIREZ v. JOHNSTON'S L.P. GAS SERVICE, INC.

This case concerns consolidated actions stemming from a 2005 propane gas explosion that injured nine undocumented migrant workers in New York. The plaintiffs, who are primarily from Guatemala and Mexico and have since left the United States, sought a protective order to allow depositions and trial testimony via video conference due to significant financial and legal hardships preventing their return. The Supreme Court initially denied this, but the Appellate Division, Fourth Judicial Department, modified the order, ruling that the lower court abused its discretion. The Appellate Division found undue hardship was demonstrated and permitted the use of video depositions and trial testimony from abroad, emphasizing public policy that allows undocumented aliens to pursue personal injury claims and deters employer misconduct.

Personal InjuryPropane ExplosionMigrant WorkersUndocumented ImmigrantsVideo TestimonyDepositionProtective OrderUndue HardshipImmigration LawTort Deterrence

References

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Guatemala, Concepcion v. Tyson Food, Inc.

Workers' CompensationMedical TreatmentReimbursement DenialExpedited HearingLumbar SprainMaximum Medical ImprovementPain ManagementTennessee LawMedical EvidenceAuthentication of Bills

Guatemala, Concepion v. Tyson Foods, Inc.

Workers' CompensationMedical TreatmentReimbursementBack InjuryLumbar SprainMaximum Medical ImprovementAuthorized PhysicianMedical ExpensesProof of LossTennessee Court of Workers' Compensation Claims

Palacios v. THE COCA-COLA CO.

Gabriel v. Johnston's L.P. Gas Service, Inc.

Migrant WorkersUndocumented ImmigrantsVideo DepositionsRemote TestimonyUndue HardshipDiscovery DisputeProtective OrderAppellate ReviewTort DeterrencePersonal Injury

EVELYN MENCOS vs. JC PENNEY CORPORATION, INC., NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

GABRIEL, HUGO RAFAEL RAMIREZ v. JOHNSTON'S L.P. GAS SERVICE, INC.

Personal InjuryPropane ExplosionMigrant WorkersUndocumented ImmigrantsVideo TestimonyDepositionProtective OrderUndue HardshipImmigration LawTort Deterrence