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Case Law Database

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

Case No. 01-12-00227-CV

Regular Panel Decision

Feb 25, 2014

Lani K. White and Charles White v. DR & PA Deliverance, Ltd., F/K/A Deliverance-PAR Services, Ltd.

Lani K. White and Charles White appealed a summary judgment in favor of DR & PA Deliverance, Ltd. (Deliverance). The Whites sued Deliverance alleging negligence after a gas leak from an uncapped line, installed by Deliverance's contractor Patrick Rusk, caused an explosion in their home. Deliverance contended it was not vicariously liable as Rusk was an independent contractor. The trial court granted summary judgment for Deliverance. On appeal, the Whites argued that Rusk's independent contractor agreement was modified by an agreement between Deliverance and MSS, and that extrinsic evidence showed Deliverance controlled Rusk's work. The Court of Appeals affirmed the summary judgment, concluding that the summary-judgment evidence failed to raise a fact issue regarding Rusk's independent contractor status, applying the Limestone factors to determine the nature of the employment relationship.

Summary JudgmentIndependent Contractor StatusVicarious LiabilityRespondeat SuperiorNegligenceAppellate ReviewContract LawRight to Control TestMaster-Servant RelationshipTexas Court of Appeals

References

Case No. 2016-03-1299

Regular Panel Decision

Sep 18, 2018

Sakzwedel, Lanie v. CVS

Lanie Salzwedel, a 59-year-old former CVS shift supervisor, sought permanent total disability or extraordinary relief for a work injury sustained on February 18, 2016, involving her neck and left arm/shoulder after a fall. The Court reviewed conflicting medical opinions from Dr. Patrick Bolt, who assigned a 15% permanent medical impairment based on verified radiculopathy, and Dr. Thomas Koenig (IME), who assigned a 5% impairment. The Court upheld Dr. Bolt's opinion, finding Ms. Salzwedel sustained a 15% permanent medical impairment. While she worked in an accommodated position for ten months post-injury, she was subsequently terminated. The Court denied permanent total disability but found clear and convincing evidence for extraordinary relief due to the inequity of limiting her recovery to increased benefits. Consequently, Ms. Salzwedel was awarded 275 weeks of permanent partial disability benefits, totaling $75,479.25, and lifetime medical care.

Workers' CompensationPermanent Partial DisabilityExtraordinary ReliefMedical Impairment RatingVocational DisabilityRadiculopathyCervical Spine InjuryLeft Elbow InjuryTreating Physician OpinionIndependent Medical Evaluation

References

Case No. ADJ2527863 (SRO 0119111) ADJ465592 (SRO 0131576)

Regular

Nov 23, 2010

LANI BROCKMAN vs. UKIAH VALLEY MEDICAL CENTER, ADVENTIST HEALTH

The Workers' Compensation Appeals Board (WCAB) rescinded an award of additional temporary disability indemnity. The WCAB determined it lacked jurisdiction to grant this award more than five years after the applicant's industrial injury, as per Labor Code section 5410. This was because a prior award of temporary disability had been terminated, and the applicant did not petition to reopen within the statutory five-year period. The case was returned to the trial level to address remaining issues, including the causation of the applicant's deep vein thrombosis.

WCABLani BrockmanUkiah Valley Medical CenterAdventist HealthADJ2527863ADJ465592Temporary Disability IndemnityDeep Vein ThrombosisCausationStatute of Limitations

References

Case No. ADJ8178211, ADJ8178210

Regular

Oct 24, 2013

LANI NGUYEN vs. DAVID'S BRIDAL, INC.; SEDGWICK CLAIMS MANAGEMENT

In Lani Nguyen v. David's Bridal, Inc., the Workers' Compensation Appeals Board dismissed the Applicant's Petition for Removal. The Board found the petition to be untimely filed. Even if timely, the Board would have denied the petition on the merits, adopting the WCJ's reasoning. Therefore, the Petition for Removal was dismissed.

Petition for RemovalWCJ Report and RecommendationuntimelymeritsdismissedWorkers' Compensation Appeals BoardDavid's BridalSedgwick Claims ManagementADJ8178211ADJ8178210

References

Case No. ADJ144976 (MON 0262584)

Regular

Dec 01, 2014

RAJAN ROY vs. SIEMENS BUILDING TECH-LANIS, ST. PAUL TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a prior award finding the applicant sustained industrial injury to his back and psyche, but not to his heart and internal system. The applicant argued the medical opinions regarding the lack of internal injury and the apportionment of permanent disability were not substantial evidence. The Board found the medical opinions, particularly from Dr. Arora regarding internal injuries, were well-reasoned and supported by the record. The Board also upheld the apportionment of permanent disability by Drs. Sohn and Miles, finding it based on correct legal theory and substantial evidence, considering prior documented injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact & AwardIndustrial InjuryPermanent DisabilityApportionmentQualified Medical EvaluatorAgreed Medical EvaluatorSubstantial EvidenceLabor Code Sections 4663 and 4664

References

Case No. MISSING

Regular Panel Decision

Brandmire v. Kroger Co.

Plaintiff Lani Brandmire, an employee of The Kroger Co. since 2006, suffered a right wrist injury in March 2011 while working. She filed a workers' compensation claim and was subsequently placed on light duty. In September 2012, her employment was terminated after her permanent restrictions were deemed unaccommodatable by Kroger. Brandmire filed suit alleging retaliatory discharge, claiming her termination was due to her workers' compensation claim. The defendant moved for summary judgment, arguing the plaintiff could not establish a causal connection between her claim and termination, and that her physical inability to perform essential job functions was a legitimate, non-retaliatory reason. The Court granted the defendant's motion, dismissing the case.

Retaliatory DischargeWorkers' Compensation ClaimSummary JudgmentCausal ConnectionPretextPermanent RestrictionsLight DutyDe Quervain's TendonitisEmployment TerminationDiscrimination

References

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Lani K. White and Charles White v. DR & PA Deliverance, Ltd., F/K/A Deliverance-PAR Services, Ltd.

Summary JudgmentIndependent Contractor StatusVicarious LiabilityRespondeat SuperiorNegligenceAppellate ReviewContract LawRight to Control TestMaster-Servant RelationshipTexas Court of Appeals

Sakzwedel, Lanie v. CVS

LANI BROCKMAN vs. UKIAH VALLEY MEDICAL CENTER, ADVENTIST HEALTH

WCABLani BrockmanUkiah Valley Medical CenterAdventist HealthADJ2527863ADJ465592Temporary Disability IndemnityDeep Vein ThrombosisCausationStatute of Limitations

LANI NGUYEN vs. DAVID'S BRIDAL, INC.; SEDGWICK CLAIMS MANAGEMENT

Petition for RemovalWCJ Report and RecommendationuntimelymeritsdismissedWorkers' Compensation Appeals BoardDavid's BridalSedgwick Claims ManagementADJ8178211ADJ8178210

RAJAN ROY vs. SIEMENS BUILDING TECH-LANIS, ST. PAUL TRAVELERS INSURANCE COMPANY

Brandmire v. Kroger Co.

Retaliatory DischargeWorkers' Compensation ClaimSummary JudgmentCausal ConnectionPretextPermanent RestrictionsLight DutyDe Quervain's TendonitisEmployment TerminationDiscrimination