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

Case No. 2015-06-1358
Regular Panel Decision
Dec 09, 2016

Watson, Reginald v. Labor Smart

Reginald Watson, an employee, sustained head and back injuries in a work-related fall on July 18, 2015, while working for Labor Smart. Labor Smart failed to timely provide medical care, leading Watson to seek unauthorized treatment. The court found Labor Smart violated workers' compensation law by not offering a panel of physicians and referred the matter for a civil penalty. Despite some medical uncertainty regarding the exact cause of headaches, the court credited Watson's and his fiancée's testimony, concluding he was likely to prove his inability to work since September 1, 2015, due to the accident. Consequently, the court ordered Labor Smart to provide temporary total disability benefits to Mr. Watson from September 2, 2015, until he is no longer eligible.

Temporary Total DisabilityExpedited HearingMedical Treatment DelayWorkers' Compensation LawCausation of InjuryPost-Traumatic HeadachesSpinal InjuryEmployer NegligenceCivil PenaltyTennessee Bureau of Workers’ Compensation
References
7
Case No. 2015-08-0488
Regular Panel Decision
May 26, 2016

Wright, Ezell v. Labor Ready

Ezell Wright, an employee of Labor Ready, sustained a work-related back injury on October 22, 2014, while moving a copier. He initially received authorized treatment, but Labor Ready later ceased authorization, leading Mr. Wright to seek private medical care. Eventually, Labor Ready authorized Dr. Fereidoon Parsioon, a neurosurgeon, who recommended physical therapy and a return visit after releasing Mr. Wright to full-duty work. However, Labor Ready failed to authorize the follow-up visit and did not provide temporary disability benefits or light-duty work during his restrictions, prompting Mr. Wright to file for an Expedited Hearing. The Court found Mr. Wright entitled to continued medical treatment with Dr. Parsioon and awarded temporary disability benefits from October 22, 2014, to September 21, 2015, totaling $10,674.64, along with an attorney's fee of $2,134.93.

Workers' Compensation JudgeExpedited HearingMedical BenefitsTemporary Disability BenefitsLumbar StrainBack InjuryAuthorized Treating PhysicianAverage Weekly WageWeekly Compensation RateAttorney's Fee
References
3
Case No. 2015-06-1358
Regular Panel Decision
Feb 03, 2017

Watson, Reginald v. Labor Smart, Inc.

The employee, Reginald L. Watson, suffered injuries after falling from a truck, leading to an award of temporary disability benefits by the trial court. The employer, Labor Smart, Inc., appealed this decision. Subsequently, the employee filed a motion to alter or amend the trial court's order. The trial court, after confirming its retained jurisdiction, rescinded its initial order and issued an amended one, again awarding temporary disability benefits and addressing other issues. The employer filed a second notice of appeal, challenging the sufficiency of evidence for the disability benefits. The Workers’ Compensation Appeals Board affirmed the trial court’s decision, holding that the trial court properly retained jurisdiction to rule on the motion to alter or amend and that the evidence supported the award of temporary disability benefits. The case was remanded for any further necessary proceedings.

Workers' CompensationTemporary Disability BenefitsJurisdictionMotion to Alter or AmendAppellate ProcedureCredibility FindingCausal ConnectionMedical OpinionHead InjuryBack Pain
References
15
Case No. MISSING
Regular Panel Decision

Quadir v. New York State Department of Labor

Plaintiff Mohammed Quadir sued the New York State Department of Labor, alleging disability discrimination, failure to make reasonable accommodations, and retaliation under the Americans with Disabilities Act (ADA) and New York State and City Human Rights Laws (NYSHRL, NYCHRL). The Department moved to dismiss the complaint. The court dismissed the ADA, NYSHRL, and NYCHRL claims based on Eleventh Amendment sovereign immunity. However, it allowed the claims for failure to provide reasonable accommodation, adverse employment action due to disability, and retaliation to proceed, construing them under the Rehabilitation Act. The court also denied Quadir's application for pro bono counsel without prejudice, stating it was too early to determine the merits of the case.

Disability DiscriminationReasonable AccommodationRetaliationAmericans with Disabilities ActRehabilitation ActSovereign ImmunityEleventh AmendmentMotion to DismissEmployment LawPro Se Litigant
References
55
Case No. MISSING
Regular Panel Decision

Seay v. Town of Greeneville

Gordon Seay, an employee with limited education, suffered a significant back, hip, leg, and shoulder injury on March 25, 1977, while working for the Town of Greeneville when a 2,000-pound roller overturned. This incident led to his inability to perform heavy manual labor, a skill he had consistently utilized despite prior injuries, causing him to leave his job in October 1977. Medical evaluations by Dr. Sam Huddleston, an orthopedic surgeon, indicated a 50% permanent partial disability to the body as a whole, while Dr. Harold Roberts also deemed Seay 100% disabled from manual labor. The employer appealed the chancellor's award of benefits, arguing against the finding of a 50% permanent partial disability causally related to the employment injury. However, the court found sufficient material medical and lay evidence to affirm the chancellor's decree, establishing a causal link between the 1977 injury and Seay's subsequent disability.

Permanent Partial DisabilityHeavy Manual LaborEmployment InjuryCausal RelationshipOrthopedic EvaluationChiropractic TreatmentDisability BenefitsEmployer AppealCourt AffirmationMedical Evidence
References
3
Case No. 2015-06-0419
Regular Panel Decision
Jan 26, 2016

McDade, Derrick v. Labor Ready

Derrick L. McDade, Sr. filed an Expedited Hearing Request for medical and temporary partial disability benefits after being struck by a vehicle on June 4, 2015, while on a paid break from his job at Labor Ready. The Court of Workers' Compensation Claims at Chattanooga, presided over by Judge Thomas Wyatt, reviewed the case based on file documents. Despite the employer's contention that Dr. Nevels deemed the injury non-compensable, the court interpreted Dr. Nevels' comment as related to the injury occurring during a break, which Tennessee law considers compensable. The Court found Mr. McDade likely to prevail, granting him medical benefits and temporary partial disability benefits of $128.70 per week from July 20, 2015, until his return to work or maximum medical improvement.

Expedited HearingMedical BenefitsTemporary Partial DisabilityAutomobile AccidentWorkplace InjuryPaid BreakScope of EmploymentCausationMedical OpinionLegal Precedent
References
10
Case No. CA 16-00663
Regular Panel Decision
Feb 10, 2017

INTERNATIONAL UNION (DISTRICT) v. NEW YORK STATE DEPT. OF LABOR

This case involves an appeal concerning the interpretation of Labor Law § 220 (3-e) in New York, specifically regarding the prevailing wage for glazier apprentices on public works projects. Plaintiffs, a consortium of unions, individuals, and businesses, challenged the New York State Department of Labor's (DOL) interpretation that glazier apprentices performing work classified for another trade (like ironworkers) must be paid at the journeyman rate for that other trade. The Supreme Court initially dismissed the plaintiffs' complaint, upholding the DOL's position. However, the Appellate Division reversed this decision, ruling that Labor Law § 220 (3-e) permits glazier apprentices registered in a bona fide program to be paid apprentice rates, irrespective of whether the work performed falls under a different trade classification. The court concluded that the DOL's interpretation was contrary to the plain meaning of the statute and thus not entitled to deference.

Apprenticeship ProgramsLabor LawPublic Works ProjectsGlaziersIronworkersPrevailing WageStatutory InterpretationNew York State Department of LaborDeclaratory JudgmentAppellate Review
References
33
Case No. MISSING
Regular Panel Decision

Bowns v. McCall

Petitioner, a maintenance assistant employed by the State Office of Mental Retardation and Developmental Disabilities, applied for accidental disability retirement benefits due to a back injury sustained on June 6, 1996, while moving a file cabinet. His application was denied as he did not have 10 years of service, placing the burden on him to prove the injury resulted from an accident, as per Retirement and Social Security Law § 507-a (b) (3). The court found that despite petitioner's claim of an unusual task, his job duties included occasional manual labor, and the injury was a result of physical exertion during routine employment, not a sudden or unexpected event. Consequently, the determination denying benefits was confirmed, and the petition was dismissed.

Accidental Disability BenefitsBack InjuryManual LaborRoutine Employment DutiesState EmployeeAdministrative Determination ReviewDisability RetirementPhysical ExertionWorkers' Compensation AspectsGovernment Benefits Litigation
References
4
Case No. MISSING
Regular Panel Decision

Claude Henninger Company v. Bentley

Curtis Bentley, a manual laborer, suffered a fall from a scaffold while working for Claude Henninger Company, resulting in severe injuries to his left foot and heel. The injury necessitated medical care, including a cast and surgery, leaving him with persistent pain, numbness, arthritis, and requiring a brace, thereby significantly impacting his ability to perform manual labor. The lower court determined Bentley had a 75% permanent partial disability to the body as a whole, awarding him workers' compensation. The Supreme Court affirmed this decision, rejecting the employer's argument to limit compensation to the specific injured member, and reiterated that if an injury to a specific member affects the body as a whole, compensation for general disability is appropriate.

Workers' CompensationPermanent Partial DisabilityBody as a Whole InjurySpecific Member InjuryScaffold AccidentFoot InjuryLaborer DisabilityAppellate ReviewTennessee Workers' Compensation LawPrecedent
References
5
Case No. MISSING
Regular Panel Decision

Matter of Brady v. Northeast Riggers & Erectors

In March 2012, the claimant, a union construction laborer, sustained a work-related back and abdomen injury. A Workers' Compensation Law Judge (WCLJ) initially found the claimant attached to the labor market but deemed a total industrial disability finding premature because permanent disability had not yet been classified. The Workers’ Compensation Board upheld this determination. The claimant appealed, arguing the Board erred in declining to classify him with a temporary total industrial disability. The Court affirmed the Board's decision, asserting that a classification of temporary total industrial disability cannot be made without a prior determination of permanency.

Workers' CompensationIndustrial DisabilityPermanent DisabilityTemporary DisabilityLabor MarketAppellate DivisionBoard DecisionPremature DeterminationGainful EmploymentWork History
References
6
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