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

Case No. 2016-03-0523
Regular Panel Decision
Nov 30, 2016

Hanneken, Kevin v. Consolidated Nuclear Services, LLC

Mr. Kevin Hanneken, a 61-year-old machinist, sought workers' compensation for binaural hearing loss, claiming his employer, Consolidated Nuclear Services, LLC (CNS), was liable for an aggregate 14% permanent medical impairment, which included a pre-existing 5% impairment. The central legal issue was CNS's liability for this pre-existing condition, given that Mr. Hanneken had an ascertainable rating at the start of his employment. The court ruled that the 'last injurious injury' rule does not apply under the Workers' Compensation Reform Act of 2013 when a pre-existing impairment is readily ascertainable. Consequently, the court found CNS not liable for Mr. Hanneken's pre-existing 5% hearing loss. Mr. Hanneken was awarded nine percent permanent partial disability for the increase in hearing loss during his employment with CNS, amounting to $34,749.00 in benefits, along with medical treatment for his bilateral hearing loss.

Hearing LossOccupational Noise ExposurePre-existing ConditionLast Injurious Injury RuleTennessee Workers' Compensation Reform Act of 2013Permanent Partial DisabilityMedical ImpairmentCausationEmployer LiabilityMachinist
References
5
Case No. 2017-01-0638
Regular Panel Decision
Sep 06, 2019

Rollins, Mark A. v. Scenic City Concrete Pumping, LLC

Mark A. Rollins, an employee, filed a request for an expedited hearing to compel his employer, Scenic City Concrete Pumping, LLC, to authorize a referral to Dr. Jerry Smith for a second impairment rating. Mr. Rollins had previously been rated at four-percent impairment by Dr. Benji Miller after a work-related ankle fracture. Dr. Matthew Buchanan subsequently referred Mr. Rollins to Dr. Smith for an impairment rating, a referral not authorized by the employer. The Court determined that the Workers' Compensation Law only mandates employer authorization for referrals for medical treatment, not for impairment ratings disputed by the employee. Consequently, the Court denied Mr. Rollins's request.

Impairment RatingMedical ReferralsExpedited HearingTreatment AuthorizationOrthopedic InjuryAnkle FractureMaximum Medical ImprovementPhysician PanelStatutory InterpretationEmployer Medical Responsibility
References
0
Case No. 2014-07-0013; State File No. 79380-2015
Regular Panel Decision
Jun 03, 2016

Garassino, Louis v. Western Express

This case involves a compensation hearing concerning Louis Garassino, an employee, and Western Express, an employer. The primary dispute revolved around the degree of Mr. Garassino's permanent impairment following a back injury in 2014. The court considered competing impairment ratings from the authorized treating physician, Dr. Robert Weiss, and Mr. Garassino's evaluating physician, Dr. David West. Ultimately, the court found sufficient evidence to overcome the presumption of correctness attached to Dr. Weiss's rating due to incorrect application of the AMA Guides. Consequently, the court adopted Dr. West's rating of thirteen percent impairment and ordered Western Express to provide permanent partial disability benefits, future medical treatment, and cover associated costs.

Permanent ImpairmentAMA GuidesRadiculopathyBack InjuryTreating PhysicianEvaluating PhysicianPresumption of CorrectnessMedical Expert TestimonyDisability BenefitsTennessee Law
References
4
Case No. 2017-03-0570
Regular Panel Decision
Nov 27, 2017

Shirley, Francis c. Consolidated Nuclear Security, LLC

Francis Shirley, a former maintenance mechanic for Consolidated Nuclear Security, LLC (CNS), filed a claim for noise-induced occupational hearing loss. The central legal issues were whether Mr. Shirley demonstrated his hearing loss was predominantly caused by his work and if he provided timely notice and filed his petition within the one-year statute of limitations. The Court found in favor of Mr. Shirley, determining his hearing loss arose primarily out of his employment and that he provided timely notice and filed his claim within the statute of limitations. He was awarded permanent partial disability benefits based on a one-percent whole person impairment and future medical benefits. The Court denied his attorney's request for fees on future medical benefits due to their speculative nature, awarding fees only on the monetary disability award.

Hearing LossOccupational InjuryPermanent Partial DisabilityStatute of LimitationsTimely NoticeMedical ImpairmentCumulative TraumaAttorney FeesFuture Medical BenefitsNoise Exposure
References
7
Case No. 03-06-00404-CV
Regular Panel Decision
Mar 06, 2007

Johnnie M. Charles v. Texas Property and Casualty Insurance Guaranty Association, on Behalf of Phico Insurance Company, an Impaired Carrier

This case involves a restricted appeal filed by Johnnie M. Charles from a trial court's order dismissing her cause without prejudice. Charles initially appealed a Texas Workers' Compensation Commission decision regarding her impairment rating. After a venue transfer to Travis County, her case was dismissed for failure to pay filing fees. A nunc pro tunc order was later issued to correct a clerical error in the cause number of the original dismissal order. Charles appealed, citing errors in the dismissal, the lack of a court reporter, and the original hearing. The appellate court affirmed the dismissal, ruling that Charles's challenges to the original dismissal were untimely and that no error occurred in the nunc pro tunc order, which merely corrected a clerical error without altering the original judgment's substance.

restricted appealdismissal without prejudicenunc pro tunc orderclerical errorwant of prosecutionappellate jurisdictiontimeliness of appealTexas Rules of Civil ProcedureTexas Rules of Appellate Procedureworkers' compensation
References
13
Case No. 2016-03-0413
Regular Panel Decision
Oct 05, 2017

Dodson, Deborah v. LHC Group

Deborah Dodson, an employee of LHC Group, injured her left ankle and right knee in May 2015. She underwent knee surgery and was placed at maximum medical improvement by Dr. Johnson. She later developed small fiber neuropathy, and despite a referral, faced difficulties obtaining a neurologic impairment evaluation. The Court granted Ms. Dodson's request for a neurologic impairment evaluation, either by Dr. Butler or another neurologist, referring Dr. Butler to the Penalty Program for failure to provide an impairment opinion. However, the Court denied her claim for additional temporary total disability benefits, finding she reached MMI on March 23, 2017, when Dr. Butler ceased active treatment.

Workers' CompensationNeurologic Impairment EvaluationTemporary Total Disability BenefitsMaximum Medical ImprovementSmall Fiber NeuropathyPain ManagementExpedited HearingMedical TreatmentImpairment RatingPenalty Program
References
3
Case No. NO. 03-06-00631-CV
Regular Panel Decision
Mar 26, 2009

Samuel Campos v. Texas Property & Casualty Insurance Guaranty Association for Reliance National Indemnity Company, an Impaired Carrier

Samuel Campos, an employee, was injured on the job, leading to disputes over his impairment rating and reimbursement for travel expenses. The Texas Workers’ Compensation Commission affirmed a designated doctor's 6% impairment rating and denied travel expenses, which Campos challenged in court. The case involved the Texas Property & Casualty Insurance Guaranty Association (TPCIGA) because Campos's employer's insurer became impaired. Initially filed in Winkler County, the case was transferred to Travis County, where TPCIGA was granted summary judgment. The Third District Court of Appeals reversed the summary judgment, ruling that the Workers' Compensation Act's specific mandatory venue provision, which places venue in the county of the employee's residence at the time of injury (Winkler County), overrides the Guaranty Act's general venue provision, which would place it in Travis County. The court remanded the case with instructions to transfer it to Winkler County.

Workers' CompensationVenue DisputeMandatory VenueStatutory ConstructionTexas Labor CodeTexas Insurance CodeImpairment RatingTravel Expenses ReimbursementJudicial ReviewAppellate Procedure
References
12
Case No. 2017-05-0061
Regular Panel Decision
Jan 29, 2019

Reed, Anthony v. Nissan N.A., Inc.

Mr. Anthony Reed, an employee of Nissan N.A., Inc., filed a workers' compensation claim for bilateral carpal tunnel syndrome and a work-related injury to his right cubital tunnel. The court conducted a compensation hearing to determine the impairment rating and the compensability of the cubital tunnel syndrome. The court gave more weight to Dr. Jeffrey Hazlewood's impairment rating of three percent to the body as a whole, rather than Dr. S. R. Brown's. Additionally, the court found that Mr. Reed proved his right cubital tunnel injury was work-related and ordered Nissan to cover the treatment by Dr. S. R. Brown for both conditions. Nissan was also ordered to pay a lump sum of $11,998 for vocational disability.

Carpal Tunnel SyndromeCubital Tunnel SyndromeImpairment Rating DisputeMedical Evaluation WeightTreating Physician AppointmentVocational Disability AwardElectrodiagnostic TestingAMA Guides Sixth EditionUpper Extremity InjuryWork-Related Injury
References
4
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. 2020-08-0726
Regular Panel Decision
Aug 05, 2021

Jones, Alfrend v. F S Sperry Co., Inc.

Mr. Jones, an employee, sustained an injury and the employer, F S Sperry Co., Inc., attempted to settle the case with an impairment rating as per Tennessee Code Annotated section 50-6-207(3)(A). Mr. Jones failed to respond or communicate, leading Sperry to file a Petition for Benefit Determination. Despite multiple hearings and extensions, Mr. Jones, a self-represented litigant, consistently failed to prosecute his case, comply with court rules, or appear for the compensation hearing. Consequently, the Court, presided over by Judge Allen Phillips, dismissed the case with prejudice based on his non-compliance and failure to prosecute.

Employee Non-ComplianceDismissal with PrejudiceFailure to ProsecuteSelf-Represented LitigantProcedural RulesImpairment RatingSettlement OfferDispute CertificationShow Cause OrderCompensation Hearing
References
2
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