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

Case No. MISSING
Regular Panel Decision

Second Injury Fund v. Tomon

The State's Second Injury Fund appealed a judgment ordering it to pay John Wayne Tomon a lump sum of $128,435.52 for lifetime workers' compensation benefits. Tomon had prior leg injuries and sustained a subsequent injury to his left leg. The trial court held the Fund liable and a jury found total and permanent loss of use of both legs. The appellate court affirmed the trial court's finding that a prior injury does not need to result in a total loss of use to trigger Fund liability. However, the court reversed the award of lifetime benefits, ruling that the Fund is not an 'association' liable under Section 10(b). It also reversed the lump sum payment, concluding that the claimant waived the right to a lump sum by not requesting a jury finding on manifest hardship. The case was remanded for a determination of compensation duration, not to exceed 401 weeks, and judgment was rendered that Tomon could not receive a lump sum payment.

Workers' CompensationSecond Injury FundLifetime BenefitsLump Sum PaymentTotal Permanent IncapacityPrior InjurySubsequent InjurySpecific InjuryStatutory InterpretationAppellate Review
References
18
Case No. 529417
Regular Panel Decision
Feb 06, 2020

Matter of Johnson v. City of New York

Thomas Johnson, a patient care technician, sustained work-related knee injuries in a February 2006 fall. He subsequently sustained additional work-related injuries in November 2009 to his neck, back, shoulder, and hips, for which he received schedule loss of use (SLU) awards for his right arm, left leg, and right leg. The Workers' Compensation Board later ruled on the permanency of his 2006 injuries, finding an 80% SLU for his left leg and a 40% SLU for his right leg. However, the Board reduced these new awards by his previously received SLU awards for the 2009 injuries, resulting in a final 30% SLU for his left leg and a 0% SLU for his right leg. The Appellate Division affirmed the Board's decision, confirming that SLU awards for the knee and hip are encompassed within leg awards, and prior leg SLU awards must be deducted from subsequent leg SLU awards.

Schedule Loss of UseKnee InjuriesHip InjuriesLeg ImpairmentPrior SLU Award DeductionAppellate Division ReviewIndependent Medical ExaminationTreating Physician ReportPermanent Impairment GuidelinesWork-related Accident
References
9
Case No. MISSING
Regular Panel Decision

Johnson v. Second Injury Fund

Walter Johnson, who had previously lost vision in his right eye, suffered an injury at work resulting in the loss of vision in his left eye, leaving him totally and permanently disabled. He received benefits from Texas Employer’s Insurance Association and the Second Injury Fund. Johnson and his wife then sued Texas Industries, Inc. for negligence. Both TEIA and the Second Injury Fund intervened, seeking subrogation rights. The trial court denied the Second Injury Fund's claim to subrogation, but the court of appeals reversed. The Texas Supreme Court reviewed whether the Second Injury Fund is subrogated to Walter Johnson's rights in his personal injury suit. The Court concluded that subrogation is a legislative creation and the statute funding the Second Injury Fund explicitly enumerates funding methods without including subrogation. Therefore, the Supreme Court reversed the court of appeals' judgment and affirmed the trial court's decision, denying subrogation for the Second Injury Fund.

SubrogationSecond Injury FundWorkers' CompensationStatutory InterpretationExpressio Unius Est Exclusio AlteriusTotal DisabilityPersonal InjuryTexas Supreme CourtFunding MechanismsLegislative Intent
References
9
Case No. MISSING
Regular Panel Decision

Burns v. Union Standard Insurance Co.

Mrs. Ruby Burns, an employee of Freddie Burns General Construction Company, sustained an injury to her left ankle and foot on September 30, 1974. She filed a worker's compensation claim, alleging a general injury to her ankle, leg, hip, and back. The compensation carrier contended it was a specific injury limited to her left ankle and foot. The jury found the injury was confined to her left foot and leg below the knee and determined a 10% permanent partial loss of use of her left foot. Mrs. Burns appealed the judgment, citing errors in the jury charge and a lack of evidentiary support for the verdict. The appellate court affirmed the trial court's decision, finding no reversible error in the submission of special issues or the jury's findings.

Worker's CompensationSpecific InjuryGeneral InjuryJury VerdictPermanent Partial DisabilityAnkle SprainNerve Root IrritationAppellate ReviewJury ChargeSufficiency of Evidence
References
3
Case No. MISSING
Regular Panel Decision

Thompson v. Leon Russell Enterprises

Plaintiff Leonard Thompson, a bus driver for Defendant Leon Russell Enterprises, was injured in a bus accident on August 25, 1986, sustaining injuries to his back, hip, and legs, with persistent knee pain. After initial conservative treatment by Dr. Boylin, he underwent arthroscopic surgery on his left knee by Dr. Eyring on October 10, 1990. Dr. Eyring assessed a 20% permanent impairment to the left leg, while Defendant's physician, Dr. Bishop, assessed 10%. The trial court awarded 60% permanent partial disability to the body as a whole and 25 weeks of temporary total disability benefits. On appeal, the higher court affirmed the temporary total disability award but modified the permanent partial disability award to 80% to the left leg, reasoning that a body as a whole award requires expert testimony establishing permanent injury to an unscheduled body part, which was not sufficiently proven for the hip or back injuries.

Workers' CompensationPermanent Partial DisabilityTemporary Total DisabilityScheduled Member InjuryBody as a Whole DisabilityKnee SurgeryMedical Impairment AssessmentAppellate ReviewInjury ClassificationCausation
References
11
Case No. 2020 NY Slip Op 06428 [188 AD3d 1389]
Regular Panel Decision
Nov 12, 2020

Matter of Rybka v. Central N.Y. Psychiatric Ctr.

William Rybka, the claimant, appealed a decision by the Workers' Compensation Board regarding a schedule loss of use (SLU) award for a 2017 left hip injury. Rybka had a pre-existing 17.5% SLU to his left leg from a 2005 injury. For the 2017 injury, a medical examiner found a 30% SLU to the left hip, which a Workers' Compensation Law Judge (WCLJ) determined to be an overall 30% SLU of the left leg. The WCLJ then deducted the prior 2005 SLU, resulting in a 12.5% SLU award for the 2017 claim. The Workers' Compensation Board affirmed this decision, and the Appellate Division, Third Department, upheld the Board's interpretation and application of relevant precedent, affirming the SLU award.

Workers' CompensationSchedule Loss of Use (SLU)Left Leg InjuryLeft Hip InjuryPrior Injury DeductionAppellate ReviewMedical Examiner ReportWorkers' Compensation BoardPrecedent (Matter of Genduso)Third Department (Appellate Division)
References
5
Case No. MISSING
Regular Panel Decision

Blackburn v. Allied Chemical Corp.

In this worker's compensation case, an employee suffered a compensable injury in 1978, fracturing her left femur. Medical evaluations by orthopedic surgeons Dr. Charles A. Gouffon and Dr. Martin Baker indicated permanent partial disability and the likelihood of future hip replacement surgery, noting the surgical pin protruded into the hip socket and caused further issues beyond the left leg. The employee testified to significant pain and total disability. The trial court awarded permanent total disability, finding the injury extended beyond a scheduled member (left leg) to the body as a whole. The Supreme Court affirmed this decision, concluding there was material evidence to support the finding that the injury and subsequent surgery results were not confined to the left lower extremity, thus justifying an award for disability to the body as a whole.

Worker's CompensationPermanent Total DisabilityFemur FractureHip InjuryOrthopedic SurgeryScheduled Member InjuryBody as a WholeMedical ExaminerSurgical PinAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Injury Fund St. Tx. v. Conrad

This case involves Adelina Conrad, who was born without a right hand or wrist and later sustained a work-related injury to her left arm, resulting in total and permanent disability. She sought lifetime workers' compensation benefits from The Second Injury Fund of Texas, which was established to encourage the employment of handicapped workers by limiting employer liability for second injuries. The Fund appealed a jury verdict in Conrad's favor, contending that a congenital defect cannot be considered a 'previous loss' under the statute because one cannot lose what one never had. The court affirmed the trial court's judgment, interpreting 'loss or loss of use' to include congenital defects, thus allowing Conrad to receive benefits from the Fund. This decision aligns with the legislative intent to aid handicapped workers and provides a broader application of the Second Injury Fund provisions.

Workers' CompensationSecond Injury FundCongenital DefectPermanent Total DisabilityStatutory InterpretationTexas LawAppellate ReviewOccupational InjuryEmployer LiabilityLegislative Intent
References
31
Case No. 2023-02-7158
Regular Panel Decision
Feb 08, 2024

Webb, Jonathan v. Gem Care, Inc.

The case involves Jonathan Webb, an employee, who claimed a left knee injury at work on August 21, 2023, after tripping on a mat. He had a pre-existing history of left leg issues, including prior workers' compensation settlements and severe osteoarthritis. The employer, Gem Care, Inc., disputed the claim, presenting evidence that contradicted Mr. Webb's testimony regarding the mat's thickness and his credibility, citing a criminal conviction for dishonesty. The Court found Mr. Webb not credible due to inconsistencies, lack of witnesses, delayed injury reporting, and his extensive medical history concerning his left leg. Consequently, the Court denied his request for benefits, concluding he was unlikely to prove a work-related injury.

Workers' CompensationExpedited HearingKnee InjuryCredibility AssessmentPre-existing ConditionDegenerative ChangesOrthopedic CareEmployee TerminationWorkplace IncidentMatsuo (work site)
References
1
Case No. 2020 NY Slip Op 05264
Regular Panel Decision
Oct 01, 2020

Matter of Rickard v. Central New York Psychiatric Ctr.

Claimant James Rickard suffered a work-related injury to his left knee while restraining a patient. An orthopedist determined he sustained a 17.5% schedule loss of use (SLU) of his left leg, specifically 7.5% for loss of extension and 10% for chondromalacia. The workers' compensation carrier sought credit for a prior 10% SLU award to the same left leg stemming from a 2015 hip injury. Both the Workers' Compensation Law Judge and the Workers' Compensation Board affirmed this credit, resulting in a 7.5% SLU award for the current injury. The Appellate Division, Third Department, affirmed the Board's decision, holding that prior SLU awards for the same body member should be credited against subsequent awards, as all impairments to separate parts of a member are encompassed by the overall SLU award for that member.

Workers' CompensationSchedule Loss of UseLeft Leg InjuryPrior Injury CreditMaximum Medical ImprovementChondromalaciaKnee InjuryHip InjuryAppellate Division DecisionCredit Application
References
4
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