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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Claim of Bottieri v. Travelers Insurance

Claimant, a senior benefits specialist, developed physical and psychiatric symptoms due to perceived job-related stress from early 1990, including headaches, neck/arm pain, "auras," and a seizure. Despite the stress, she sought and received a promotion in 1992, followed by a demotion in 1993, after which she stopped working and filed for workers' compensation benefits in November 1993. A Workers’ Compensation Law Judge initially found the claim compensable, but the Workers’ Compensation Board reversed, concluding that claimant was not exposed to undue job-related stress and that personnel decisions were lawful. On appeal, the court determined that the claim was not barred by Workers’ Compensation Law § 2 (7) as the symptoms predated the personnel decisions. However, the court affirmed the Board’s denial of benefits, finding substantial evidence that the claimant failed to demonstrate her experienced stress was greater than that of similarly situated workers in a normal work environment.

Workers’ CompensationJob StressAccidental InjuryPersonnel DecisionsPromotionDemotionMental InjuryPhysical SymptomsUndue StressNormal Work Environment
References
11
Case No. MISSING
Regular Panel Decision

Cozzolino v. Ford Motor Co.

The employer appealed a Workers' Compensation Board decision that linked the decedent's myocardial infarction to job-related emotional stress and long hours. The employer argued against the Board's findings, citing evidence of a non-stressful job and inconsistencies in the claimant's expert opinion. However, the Board's decision relied on the testimony of the claimant (decedent's widow) and co-employees regarding the job's demanding nature, resolving conflicting evidence and expert opinions. The appellate court affirmed the Board's decision, noting that such findings of fact and credibility were within the Board's purview and were consistent with existing case law.

Workers' CompensationMyocardial InfarctionEmotional StressCausationCredibilityExpert TestimonyPreexisting ConditionAppellate ReviewBoard FindingsMedical Evidence
References
5
Case No. MISSING
Regular Panel Decision
Oct 22, 1991

Claim of Greenbaum v. MKI Securities

The claimant sustained a compensable injury, specifically a myocardial infarction, which the Workers’ Compensation Board ruled arose out of and in the course of his employment due to job-related stress. The employer and its workers’ compensation insurance carrier appealed this decision. Testimony indicated that the claimant experienced stress from his job, a decrease in business due to the 1987 stock market crash, and rumors of a company merger and layoffs. The claimant’s medical expert testified that this stress contributed to the infarction. The court found substantial evidence to support the Board's findings, noting that conflicting testimony from the employer's medical expert merely created a question of fact for the Board to determine. The decision of the Workers’ Compensation Board was affirmed.

workers compensationmyocardial infarctionjob stresscompensable injurymedical expert testimonyquestion of factboard findingsappeal affirmedemployment-related stressinsurance carrier
References
3
Case No. MISSING
Regular Panel Decision

In re Eastern District Repetitive Stress Injury Litigation

The defendants sought to transfer 78 repetitive stress injury (RSI) cases from the Eastern District of New York to districts where the claims arose, also seeking severance of individual claims. Over 450 RSI cases, involving over 1,000 plaintiffs against more than 100 equipment manufacturers, were initially consolidated in the Eastern District. However, the Second Circuit later vacated the consolidation orders, finding it an abuse of discretion due to lack of common facts and varying state laws. Relying on this guidance, the court granted transfer in 75 cases and denied it in three, citing factors such as convenience of parties and witnesses, judicial economy, and the public interest in local adjudication of local controversies. The court also ordered severance where necessary to facilitate transfer.

Transfer of VenueMultidistrict LitigationRepetitive Stress InjuryProducts LiabilityForum Non ConveniensSeverance of ClaimsConsolidation of CasesJudicial EconomyWitness ConvenienceChoice of Forum
References
16
Case No. MISSING
Regular Panel Decision

Cooley v. New York State Police

In January 1985, a State Trooper experienced a heart attack, leading him to file a workers' compensation claim asserting work stress and wood-cutting for fitness as causes. The State Insurance Fund controverted the claim, arguing the heart attack was due to wood-cutting for a personal second job. Initially, a Workers' Compensation Law Judge found occupational disease and awarded benefits, but the Workers' Compensation Board later rescinded this decision, determining that the claimant was not under undue work stress and his heart attack stemmed from personal activity. This appeal affirmed the Board's disallowance, citing substantial evidence that the personal wood-cutting precipitated the heart attack, rather than work-related stress. The court found medical evidence of job-related causation speculative and upheld the Board's resolution of conflicting medical opinions.

Heart AttackOccupational DiseaseJob StressPersonal ActivityCausal RelationshipMedical OpinionSubstantial EvidenceAppellate ReviewWorkers' Compensation BoardClaim Disallowance
References
7
Case No. MISSING
Regular Panel Decision

New York Typographical Union No. 6 v. AA Job Printing

The case concerns a petition by New York Typographical Union No. 6 to confirm arbitration awards against employers AA Job Printing Corp. and The Jewish Press, Inc., for violations of a collective bargaining agreement. The employers cross-moved for summary judgment to dismiss the petition, arguing the awards were not final and that a pending National Labor Relations Board (NLRB) matter preempted the action. The court noted the employers' procedural defaults but favored a decision on the merits. District Judge ROBERT L. CARTER ruled that the arbitration awards were final and definite, and the federal court's jurisdiction under Section 301 of the Labor Management Relations Act was independent of the NLRB's jurisdiction. The court also dismissed the employers' unsupported claim of sexual discrimination. Consequently, the court granted summary judgment in favor of the Union, confirming the arbitration awards, and denied the employers' cross-motion.

Arbitration Award ConfirmationCollective Bargaining AgreementLabor Management Relations ActSection 301 LMRASummary JudgmentFederal Court JurisdictionNLRB PreemptionDefault JudgmentProcedural RulesEmployer-Union Dispute
References
7
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Brown

This worker's compensation case concerns a claim for death benefits following the heart attack of Sidney Brown, a telephone repairman. The plaintiff argued that job-related mental stress, rather than physical exertion, caused Mr. Brown's death, specifically citing a difficult customer interaction on the day of his passing. Despite Mr. Brown having a pre-existing heart condition, the trial court initially awarded death benefits. However, the appellate court reversed this decision, finding insufficient evidence of mental stress or job-related strain as required for worker's compensation claims involving heart attacks. Consequently, the plaintiff was rendered to take nothing.

Worker's CompensationHeart AttackMental StressPhysical ExertionDeath BenefitsScope of EmploymentCausationAppellate ReviewReversed JudgmentPre-existing Condition
References
11
Case No. MISSING
Regular Panel Decision

Bacon v. Sevier County

Plaintiff Milton Bacon, a bailiff/process server, sought worker's compensation benefits for a heart attack attributed to job-related stress. The Circuit Court for Sevier County awarded benefits, applying a statutory presumption for law enforcement officers (T.C.A. § 7-51-201). On appeal, the Supreme Court reversed, ruling that Bacon did not qualify as a law enforcement officer under the statute, thus making the presumption inapplicable. Furthermore, the Court found Bacon failed to prove causation, as his heart attack resulted from general job stress rather than a specific acute event, and medical experts offered conflicting opinions on the link between his work and heart condition. The case was remanded for further action, with costs adjudged against the Plaintiff.

Workers' CompensationHeart AttackJob StressCausationLaw Enforcement OfficerStatutory PresumptionDisability BenefitsMedical EvidenceBailiffProcess Server
References
34
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. MISSING
Regular Panel Decision

Claim of Incorvia v. Carborundum Insulation Co.

This is an appeal from a Workers’ Compensation Board decision, filed February 21, 1992, and amended October 30, 1992, which found that the claimant sustained an accidental injury due to employment-related stress. The Board concluded that the claimant's emotional problems were caused by the stress of her job, establishing a causal relationship with her employment. The appellate court affirmed this decision, finding substantial evidence in the claimant's testimony regarding her stressful new position and her psychiatrist's opinion that her adjustment disorder was closely linked to work-related stress.

Workers' CompensationAccidental InjuryEmotional ProblemsWork StressAdjustment DisorderCausationSubstantial EvidenceAppellate ReviewAffirmed DecisionPsychiatric Evaluation
References
2
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