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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

Lowe v. Lowe

Kerri Lowe appeals a default judgment in a divorce case from July 1996, where Jerome Jason Lowe was granted sole managing conservatorship of their children, child support, and a division of the marital estate. Mrs. Lowe's attorney, Greg Donnell, failed to appear for trial, having allegedly misled her about a continuance. The trial court denied Mrs. Lowe's motion for a new trial. The appellate court, applying the three-prong Craddock test for new trials after default judgments, found that Mrs. Lowe met all requirements: her failure to appear was due to an accident or mistake (her lawyer's misrepresentation), she presented a meritorious defense regarding child custody, and a new trial would not unduly delay or prejudice Mr. Lowe. Consequently, the court reversed the default judgment and remanded the case for a new trial. The opinion also critically discusses the appropriateness of the Craddock test in suits affecting the parent-child relationship.

Default judgmentNew trialCraddock testParent-child relationshipDivorce proceedingsChild custodyAttorney negligenceMisrepresentationAppellate reversalTexas law
References
20
Case No. 2022-02-0200
Regular Panel Decision
Apr 20, 2023

Carden, Sean v. Lowe's Home Centers, Inc.

The Court heard Mr. Carden's request for temporary disability and additional medical benefits, as well as attorney's fees and penalties. Mr. Carden, an employee of Lowe's, sustained a workplace injury in November 2021, leading to neck, shoulder, low back, and left leg pain. Lowe's denied subsequent temporary benefits, citing Mr. Carden's refusal of transitional work, and challenged coverage for back treatment due to a pre-existing degenerative condition. The Court found Mr. Carden's refusal of work offers justified, as they exceeded the restrictions of his authorized neurosurgeon, Dr. Austin. The Court also ruled that Mr. Carden's back condition was a compensable aggravation, agreeing with Dr. Austin that the work injury was a major contributing factor. Consequently, Lowe's was ordered to pay temporary total disability benefits and provide recommended medical treatment for Mr. Carden's neck and back, and the case was referred to the Compliance Program for potential penalty assessment.

Workers' CompensationTemporary DisabilityMedical BenefitsExpedited HearingWork RefusalPre-existing Condition AggravationSpinal InjuryNeck PainBack PainLumbar MRI
References
4
Case No. 2015-02-0179
Regular Panel Decision
Jun 20, 2017

Meier, Giovanna v. Lowes Home Centers, Inc.

Giovanna Meier, an employee of Lowes Home Centers, Inc., filed a claim for temporary and permanent disability benefits and medical benefits, alleging a work-related low-back injury from lifting concrete bags. Ms. Meier's claim was complicated by inconsistent reports about the injury's origin, including a separate incident at Dollar Tree, and difficulties with English communication. The court found that Ms. Meier failed to establish by a preponderance of the evidence that she sustained a work-related low-back injury arising primarily out of her employment. Furthermore, her attempt to present expert testimony regarding impairment failed due to inadmissible medical reports. Consequently, the Court denied Ms. Meier's claim for all requested workers' compensation benefits.

Workers' Compensation ClaimLow-Back InjuryKnee SprainCausation DisputeMedical Evidence AdmissibilityBurden of ProofPermanent Partial Disability BenefitsTemporary Total Disability BenefitsUnauthorized Medical TreatmentAverage Weekly Wage Calculation
References
5
Case No. MISSING
Regular Panel Decision

Claim of Neal v. Blue Circle Cement

The claimant, a laborer, suffered a compensable back injury in November 1998 and returned to work after eight months. In January 2002, he sustained another back injury. A Workers’ Compensation Law Judge determined that the January 2002 injury was an aggravation of the prior 1998 injury, assigned disability levels from January 2002 to April 2003, and found no compensable lost time thereafter. The Workers’ Compensation Board affirmed this decision. The Appellate Division found substantial evidence, including medical testimony and MRI comparisons, to support the Board’s determination regarding the aggravation of the injury and the disability levels. The court also upheld the Board's prerogative to resolve conflicting medical evidence and make credibility determinations, particularly in light of evidence that the claimant exaggerated his symptoms.

Workers' CompensationBack InjuryAggravation of InjuryDisability LevelsMedical EvidenceCredibility AssessmentEmployer LiabilityJudicial ReviewAppellate DivisionAdministrative Law
References
4
Case No. MISSING
Regular Panel Decision

Green v. Lowe's Home Centers, Inc.

Robert Green was terminated by Lowe’s Home Centers, Inc. for alleged sexual harassment after filing a workers' compensation claim for a hand injury. He sued Lowe's, arguing his termination was in retaliation for the workers' compensation claim and that the sexual harassment charges were a pretext. The trial court granted summary judgment for Lowe's. The appellate court affirmed the summary judgment, concluding that Green failed to raise a fact issue demonstrating a causal link between his workers' compensation claim and his termination. The court found no evidence of a negative attitude towards his injury, no failure to adhere to company policy by Lowe's, no less favorable treatment compared to similarly situated employees, and insufficient temporal proximity between the claim and termination.

Retaliatory dischargeWorkers' compensation claimSexual harassment policySummary judgment appealCausal linkPretextCircumstantial evidenceTemporal proximityEmployment lawWrongful termination
References
25
Case No. 2016-08-0701
Regular Panel Decision
Sep 07, 2017

Gueye, Kine v.Federal Express Corp.

Kine Gueye, an employee of Federal Express Corp., sustained a low back injury on April 9, 2015. Federal Express stipulated a compensable low back injury and agreed to provide reasonable medical treatment for it. However, the dispositive issue was whether Ms. Gueye's additional complaints of muscle weakness, paresthesia, dizziness, ataxia, and 'brain compression' causally related to this work injury and entitled her to additional medical and disability benefits. The authorized treating physician, Dr. Arsen Manugian, released Ms. Gueye at maximum medical improvement on June 25, 2015, with no restrictions, attributing her continued low back and leg pain to pre-existing spondylosis. Despite Ms. Gueye's testimony that these symptoms began after her fall, the court found insufficient medical evidence to establish a causal link to the work injury. Consequently, the court denied Ms. Gueye's request for additional medical and temporary or permanent disability benefits for these other complaints, affirming that she is only entitled to future medical treatment from Dr. Manugian for her work-related low back strain.

Workers' Compensation ClaimsCausation DisputeLumbar StrainPre-existing ConditionsMedical Opinion EvidenceDisability Benefits DenialExpedited Hearing OutcomeNeurological SymptomsWorkers' Compensation JudgeTennessee Labor Law
References
7
Case No. 2015-02-0179
Regular Panel Decision
Jul 27, 2016

Meier, Giovanna v. Lowe's Home Centers, Inc., et al.

The employee, Giovanna Meier, appealed a decision from the Court of Workers’ Compensation Claims, presided over by Judge Brian K. Addington. Meier alleged a back injury while working for Lowe’s Home Centers, Inc., but her claim was denied by the employer as not work-related. Following an expedited hearing, the trial court determined there was insufficient evidence to establish a causal link between the employment and the purported injury, a decision which Meier subsequently appealed. The Workers’ Compensation Appeals Board affirmed the trial court's ruling, noting the absence of a complete record of testimony from the expedited hearing. Consistent with Tennessee law, the Appeals Board presumed the trial court's findings were supported by sufficient evidence, thus affirming its decision and remanding the case for any further necessary proceedings.

Workers' Compensation Appeals BoardInterlocutory AppealBack InjuryEmployment-related InjuryInsufficient EvidenceTrial Court DecisionAffirmed and RemandedPresumption of CorrectnessTennessee LawCausal Link
References
2
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. ADJ1220987 (SJO 0262634)
Regular
Nov 17, 2010

RICHARD GILLISPIE vs. PLASTECH, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) appealed an award of benefits to an applicant with a pre-existing disability, arguing a subsequent industrial back injury did not cause pathology in the opposite leg as required by statute. The Appeals Board affirmed the award, finding that Labor Code section 4751 only requires the subsequent injury to "affect" the opposite member, not necessarily cause direct pathology. Evidence showed the applicant's low back injury caused verified radiculopathy and impaired leg function, meeting the statutory requirement. The Board found SIBTF's legal arguments unpersuasive and the WCJ's findings supported by substantial evidence.

Subsequent Injuries Benefits Trust FundLabor Code section 4751industrial injurylow backradiculopathypermanent disabilityopposite and corresponding memberpathologyAMA GuidesDRE category III
References
2
Case No. 2016-03-1015
Regular Panel Decision
Jan 30, 2017

Waxstein, Victoria v. Architectural Graphics, Inc.

Victoria Kay Waxstein filed a Request for Expedited Hearing seeking medical benefits for an alleged low back injury sustained after a fall in the parking lot of her employer, Architectural Graphics, Inc. The employer accepted the claim for a right leg injury but disputed the low back injury. The court considered Ms. Waxstein's position statement and prior position statement from Architectural Graphics. The central legal issue was whether Ms. Waxstein was likely to prevail at a hearing on the merits regarding entitlement to additional medical benefits, specifically treatment for a low back injury. The court found Ms. Waxstein provided sufficient evidence to show she is likely to prevail, concluding that the recommended MRI scan by Dr. Thomas is causally related and medically necessary for her work injury. The court noted the presumption of correctness given to the treating physician's opinion on causation and medical necessity.

Expedited HearingMedical BenefitsLow Back InjuryCausationMedical NecessityLumbar MRITreating Physician OpinionUtilization ReviewWorkers' Compensation JudgeRight Ankle Fracture
References
6
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