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Case Law Database

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

Case No. 2014-08-0058
Regular Panel Decision
Aug 19, 2015

What Happened in Felix vs. Weber Metals Reconsideration?

Shelton Marzette, a truck driver for Pat Salmon and Sons, Inc., filed for an expedited hearing after sustaining a hearing injury on July 31, 2014, while working in Denver, Colorado. He experienced a 'pop' in his ears, causing hearing loss and vertigo. His claim for medical and temporary disability benefits was denied by his employer based on Dr. Rucker's opinion that the injury was not work-related. The Court found the employer's provided panel of physicians defective because it lacked specialists for hearing injuries, thus invalidating Dr. Rucker's presumptive correctness. Consequently, the Court ordered Pat Salmon and Sons, Inc. to provide Mr. Marzette with a new panel of physicians specializing in hearing injuries to determine causation and period of disability.

Workers' CompensationHearing LossVertigoTruck DriverExpedited HearingMedical BenefitsCausationDefective Physician PanelAltitudeBarometric Pressure
References
1
Case No. 2019-06-0272
Regular Panel Decision
Jul 19, 2019

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case came before the Court on Nilian Ayala’s request for an expedited hearing seeking medical and temporary disability benefits. The employer, Jani-King International, Inc., agreed to provide a panel of physicians for Ms. Ayala's hand, wrist, and elbow treatment. However, the Court could not grant temporary total disability benefits due to the lack of medical records from a physician taking her off work. Consequently, the evidentiary hearing did not proceed. The Court ordered the employer to provide the panel of physicians and scheduled a future scheduling hearing.

expedited hearingmedical benefitstemporary disabilitypanel of physiciansworkers' compensation claimsTennesseehand injurywrist injuryelbow injuryemployer responsibility
References
0
Case No. 2020-05-0177
Regular Panel Decision
Sep 28, 2020

What Did the WCAB Decide in Cuadra vs. Community Home Care?

This expedited hearing concerned John Beech's request for a psychiatric panel after sustaining a work-related injury on August 8, 2019, while working for G4S Secure Solutions. Mr. Beech was initially treated by neurologist Dr. Richard Rubinowicz, who recommended a referral to a neuropsychologist for his anxiety and post-concussion syndrome. G4S, the employer, failed to provide the requested panel, arguing it was not medically necessary or work-related. The Court determined that Mr. Beech is likely to prevail at a hearing on the merits, finding G4S's arguments unpersuasive. Consequently, the Court ordered G4S to provide the psychiatric or neuropsychological panel and referred the case for compliance investigation.

Workers' CompensationMedical BenefitsPsychiatric PanelNeuropsychological ReferralExpedited HearingPost-Concussion SyndromeAnxietyCausation DisputeMedical NecessityEmployer Obligations
References
1
Case No. 2017-08-1356
Regular Panel Decision
Aug 10, 2018

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Erma Pearson, a press operator for Guardian Industries Corp., sustained back and right knee injuries after slipping on oil at work in July 2016. Following Guardian's provision of a generalist panel and a referral to Dr. Lonergan without a specialist panel, Ms. Pearson filed a Petition for Benefit Determination seeking an orthopedic panel. The Court granted her request, concluding she is likely to prevail on the merits concerning her entitlement to an orthopedic panel. The Court also rejected Guardian's willful misconduct defense due to a lack of supporting evidence. Guardian is ordered to provide a panel of orthopedic specialists, and a scheduling hearing is set for October 22, 2018.

Expedited HearingOrthopedic PanelMedical BenefitsWillful Misconduct DefenseSlipped and FellBack InjuryKnee InjuryMaximum Medical ImprovementPanel of PhysiciansEmployer Obligations
References
4
Case No. 2015-06-0125
Regular Panel Decision
Jun 01, 2015

Can a WCJ Be Disqualified for Appearance of Bias?

Glynise Johnson, an employee of Oberto Sausage Co., filed a Request for Expedited Hearing seeking an order for her employer to provide a panel of neurologists for her work-related back and hand injury sustained on January 5, 2015, after slipping on icy stairs. Oberto had already provided a panel of orthopedic physicians, from which Ms. Johnson selected Dr. Clendenin, who recommended facet injections which she declined, asking for pain management instead. Dr. Jeffrey Hazlewood then examined her but found no evidence supporting a neurological referral. The Court denied Ms. Johnson's request, finding she failed to prove that a neurologist referral was reasonable and necessary, as none of her authorized treating physicians had recommended it. The case is set for an Initial Hearing on July 7, 2015.

Expedited HearingMedical Treatment DisputeNeurologist ReferralBurden of ProofWork InjuryBack InjuryPanel of PhysiciansPain ManagementFacet JointTennessee Workers' Compensation Law
References
2
Case No. 2015-03-0018
Regular Panel Decision
May 27, 2015

What Were the Key Rulings in Torrez vs. SuperShuttle?

Darren Farnsworth filed for an expedited hearing claiming an umbilical hernia injury sustained at work while lifting a ramp. The employer, Foley Company, disputed the claim, citing Dr. Copeland's opinion that the injury was not work-related and likely pre-existing, and a previous CT scan report. Mr. Farnsworth challenged Dr. Copeland's findings, alleging bias due to the employer's safety department's involvement, and contended that Foley Company failed to provide a proper panel of physicians. The Court found Mr. Farnsworth credible and ruled that he is entitled to a panel of physicians and ordered Foley Company to pay for specific outstanding medical expenses incurred at Parkwest Hospital and Vista Radiology. The overall compensability of the injury remains unresolved for a future hearing.

Workers' CompensationExpedited HearingUmbilical HerniaPanel of PhysiciansMedical BenefitsCausationPre-existing ConditionEmployee RightsEmployer ObligationsMedical Opinion
References
2
Case No. 2022-08-1404
Regular Panel Decision
Feb 23, 2026

Why Was Removal Denied in Rush vs. California Correctional Institution?

Breeahna Britt, an employee, sought medical benefits for a head, neck, and upper-body injury, specifically requesting her physical therapist to be named as her authorized treating physician. The employer, Center for Youth Ministry Training, initially disputed the lack of a valid physician panel but later conceded, offering a Colorado neurologists' panel during the expedited hearing. The Court denied Ms. Britt's request for the physical therapist to be authorized, citing her failure to establish a doctor/patient relationship with a physician, specifically a neurologist. However, the Court affirmed Ms. Britt's entitlement to a new panel of neurologists in Colorado and referred the employer to the compliance program for penalties due to their delay in providing a valid panel.

Workers' CompensationMedical BenefitsPhysician PanelAuthorized Treating PhysicianEmployee RelocationEmployer ObligationNeurologyPenalty AssessmentExpedited HearingTennessee Law
References
3
Case No. 2018-01-0036
Regular Panel Decision
Jan 16, 2020

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Carl Swafford, an employee, filed for an expedited hearing after sustaining a right hip injury while working for Wal-Mart. He sought a valid panel of physicians and penalty assessment against Wal-Mart for an initially invalid panel. The Court found Wal-Mart's first panel, which included a physician sixty-seven miles away, to be invalid under Tenn. Code Ann. § 50-6-204(a)(3)(A)(i). However, the Court determined that Wal-Mart subsequently remedied the defect by offering a new panel with physicians reasonably within Mr. Swafford's community (Chattanooga and Cleveland). Consequently, the Court denied Mr. Swafford's request for another panel and declined to impose penalties on Wal-Mart.

Medical PanelExpedited HearingHip InjuryOrthopedicPhysician SelectionEmployer ObligationsTennessee LawChattanoogaStatutory InterpretationWorkers' Compensation Claims
References
0
Case No. 2016-04-0328
Regular Panel Decision
Mar 31, 2017

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Patrice Berdnik, an employee of Fairfield Glade Community Club (FGCC), filed a Request for Expedited Hearing (REH) to determine if FGCC was obligated to provide benefits for her alleged work-related low back injury. Berdnik experienced a back injury while scooping ice at work on September 4, 2016. She had a prior lumbar fusion surgery in 2014. The court found that while Berdnik failed to provide sufficient evidence to prevail on causation at a hearing on the merits, she did satisfy her burden at the interlocutory stage to compel FGCC to provide a panel of physicians. The Court ordered FGCC to provide a panel of back specialists for evaluation and treatment, denying requests for temporary disability benefits and reimbursement of expenses at this time, pending further medical examination.

Workers CompensationExpedited HearingLow Back InjuryCausationPre-existing ConditionMedical PanelOrthopedist ReportAggravation of InjuryBurden of ProofTennessee Law
References
3
Case No. 2015-08-0373
Regular Panel Decision
Jul 08, 2016

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Ms. Jacqueline Webb filed for an expedited hearing seeking medical and temporary disability benefits for alleged bilateral carpal tunnel syndrome sustained while working for FedEx Services. The court determined it had jurisdiction and found Ms. Webb likely to prevail on issues of timely notice, statute of limitations, and her entitlement to a panel of physicians. However, the evidence was deemed insufficient to support her claims for temporary disability benefits, past medical expenses, or mileage reimbursement at this stage. Consequently, FedEx was ordered to provide Ms. Webb with a panel of physicians for evaluation and treatment of her wrist and hand injuries. The matter is scheduled for an Initial (Scheduling) Hearing.

Carpal Tunnel SyndromeRepetitive Strain InjuryWorkers' Compensation ClaimsExpedited HearingMedical Benefits EntitlementTemporary Disability DeniedStatute of Limitations DefenseTimely Notice of InjuryMedical CausationPhysician Panel Mandate
References
5
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