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

Case No. 2017-06-1778
Regular Panel Decision
Apr 11, 2018

Demotte, Julie v. UPS

Julie Demotte sustained a workplace injury involving a broken hip and leg in November 2016 while working for UPS. UPS initially accepted the claim and provided temporary disability benefits. Dr. Jason Evans, the authorized treating physician, placed Ms. Demotte at maximum medical improvement and assigned a three-percent whole-person impairment rating. A compensation hearing was held to determine Ms. Demotte's entitlement to permanent disability, temporary disability, and future medical benefits. The Court ordered UPS to provide lifetime medical benefits for Ms. Demotte's workplace injury, but denied her claims for both temporary and permanent disability benefits. The denial of permanent disability was based on the inadmissibility of Form C-30A as proof of impairment, as Ms. Demotte failed to present admissible evidence. Additionally, the claim for further temporary disability benefits was denied due to an earlier overpayment by UPS that exceeded any subsequent amounts due.

Workplace InjuryFuture Medical BenefitsTemporary Disability BenefitsPermanent Disability BenefitsAdmissibility of Medical ReportsForm C-30AForm C-32Impairment RatingHearsayMaximum Medical Improvement
References
2
Case No. 2015-01-0199
Regular Panel Decision
Feb 10, 2016

Tolbert, Christoper v. MPW Industrial Services at Volkswagen

This Expedited Hearing Order addresses Christopher Wade Tolbert's request for additional temporary disability benefits following a work-related injury to his head, neck, and back on June 29, 2015, while employed by MPW Industrial Services at Volkswagen. The central issues were Mr. Tolbert's entitlement to benefits and the correct weekly compensation rate. The Court found Mr. Tolbert was entitled to temporary total disability benefits from June 30, 2015, to July 9, 2015, and temporary partial disability benefits from July 10, 2015, to August 3, 2015, due to the employer's failure to provide accommodated work. Furthermore, he was awarded an additional $7.93 per week from August 4, 2015, to October 14, 2015, to correct an underpayment, and temporary partial disability benefits from November 11, 2015, onwards, based on ongoing medical restrictions from Dr. Stephen Dreskin. The Court established his correct weekly compensation rate as $261.28.

Workers' CompensationTemporary Disability BenefitsExpedited HearingWage StatementCompensation RateMedical TreatmentModified DutyEmployer AccommodationPain ManagementNeck Injury
References
7
Case No. 2016-01-0035 / 67325-2014
Regular Panel Decision
Aug 07, 2017

Findley, Jack v. Volswagen Group of America, Inc.

This case involves an employee, Jack Keith Findley, who sustained a back injury while working for Volkswagen. He sought temporary and additional permanent partial disability benefits, leading to a dispute over his impairment rating, maximum medical improvement date, and the compensability of his condition. The Court of Workers' Compensation Claims sided with Mr. Findley, awarding him the requested disability benefits and future medical care under Dr. Jolley, based on Dr. Hodges' medical opinion regarding his work-related injury and functional limitations. The court also allowed Volkswagen to offset short-term disability payments.

Workers' CompensationPermanent Partial DisabilityTemporary Partial DisabilityMedical BenefitsImpairment RatingMaximum Medical ImprovementVoluntary ResignationMedical Opinion ConflictBack InjuryLumbar Disc Herniation
References
5
Case No. 2018-01-0224
Regular Panel Decision
Aug 23, 2019

Yearby, Reginald v. Armstrong Relocation

This expedited hearing addressed whether the employee, Reginald Yearby, was entitled to temporary disability benefits at the maximum compensation rate of $992.20, and if the employer, Armstrong Relocation, was due a credit for overpayment. The Court found Mr. Yearby's actual taxable earnings were significantly less than initially stated, derived from his 2016 and 2017 tax returns, even though he was treated as an employee for workers' compensation purposes despite being an independent contractor. Citing Tennessee Code Annotated, the Court determined Mr. Yearby's correct average weekly wage was $552.50, leading to a compensation rate of $368.35. Consequently, his request for maximum benefits was denied, and Armstrong Relocation was granted a credit for past overpayments.

Temporary disability benefitsWorkers' CompensationAverage weekly wageOverpaymentExpedited hearingIndependent contractorEarningsBusiness expensesCompensation rateMedical treatment
References
2
Case No. 2015184839
Regular Panel Decision
Nov 17, 2015

Lallo, Ralph Joseph v. Marion Environmental, Inc.

Ralph Joseph Lallo, an employee, filed a motion seeking temporary disability benefits against his employer, Marion Environmental, Inc. Mr. Lallo sustained a compensable injury to his right upper extremity on April 2, 2015. The court found that Marion Environmental, Inc. did not terminate Mr. Lallo for cause, and thus, his separation would not preclude him from receiving temporary partial disability benefits. Medical evidence from Dr. Donald Huffman indicated substantial restrictions on Mr. Lallo's right arm, rendering him partially disabled. The court concluded that Mr. Lallo was entitled to temporary partial disability benefits and ordered Marion Environmental, Inc. to pay past benefits from May 1-6, 2015, and from September 28, 2015, onward at a compensation rate of $696.03 per week.

Workers' Compensation BenefitsTemporary Partial DisabilityUpper Extremity InjuryOrthopedic DiagnosisEmployment TerminationMedical Work RestrictionsWage Loss ClaimsExpedited Hearing DecisionEmployer Accommodation DisputeDr. Donald Huffman
References
9
Case No. 2016-08-0678
Regular Panel Decision
Nov 04, 2016

Booze, Barbara v. Memphis Area Transit Authority

Ms. Barbara Booze, a sixty-year-old bus driver, suffered a work-related mental injury in September 2015 after witnessing a shooting. She received temporary total disability benefits from September 2, 2015, through May 3, 2016. Ms. Booze filed a Request for Expedited Hearing, seeking temporary disability benefits from May 3 to September 8, 2016, when she reached maximum medical improvement (MMI). The employer, Memphis Area Transit Authority (MATA), offered a light duty reservationist position, but Ms. Booze declined due to her anxiety related to buses. The Workers' Compensation Judge denied her claim, finding she did not provide sufficient medical proof of total disability or light duty restrictions to support entitlement to temporary partial disability benefits for the requested period.

Workers' CompensationTemporary Disability BenefitsPost-traumatic Stress DisorderPsychological InjuryMaximum Medical ImprovementReturn to WorkLight DutyExpedited HearingMedical EvidenceEmployer Accommodation
References
3
Case No. 2016-06-0910
Regular Panel Decision
Jul 24, 2018

Fegan, Mark v. CSI Medical, Inc.

The case involved Mark Fegan seeking temporary disability benefits from his employer, CSI Medical, Inc., and its carrier, Am Trust, following a back injury in October 2015. Initially, Dr. Sullivan declared Fegan at maximum medical improvement (MMI) in March 2016, leading to a cessation of benefits. However, Fegan later sought treatment from Dr. Ronald Lakatos in Ohio, who performed surgery in May 2017 and provided a medical opinion contradicting Dr. Sullivan's MMI assessment. Dr. Lakatos stated that Fegan was not at MMI as of March 2016 and remained disabled through May 2017. The Court weighed the medical opinions, giving more weight to Dr. Lakatos's in-depth analysis, and found that Mr. Fegan was likely to prevail in demonstrating his entitlement to temporary disability benefits for the period from April 1, 2016, through May 30, 2017. Consequently, the Court ordered CSI to pay lump-sum temporary total disability benefits totaling $19,389.52.

Temporary DisabilityMedical ImprovementSpinal InjurySurgeryMMI DisputeMedical EvidenceExpedited HearingBenefit DeterminationCausationDisability Duration
References
2
Case No. 2016-08-0883
Regular Panel Decision
May 18, 2017

Betances, Miguel v. Brock Services, LLC

Miguel Betances, an employee, filed a Request for Expedited Hearing seeking temporary disability benefits from October 5, 2016, and ongoing, after injuring his back at work on July 18, 2016. Brock Services, LLC, the employer, contended he was not entitled to benefits, claiming he was terminated for violating workplace attendance policies. The Court found Mr. Betances' testimony credible, concluding that Brock did not properly enforce its attendance policy by actually terminating him on August 14, 2016, and failed to accommodate his light duty restrictions or provide a justifiable reason for not doing so. The Court ordered Brock to pay accrued temporary partial disability benefits from October 5, 2016, through January 26, 2017, and accrued temporary total disability benefits from January 27, 2017, and ongoing, until an approved medical provider releases him to return to work or places him at maximum medical improvement.

Temporary Disability BenefitsWorkers' Compensation JudgeExpedited HearingAttendance Policy ViolationLight Duty RestrictionsAdministrative TerminationTemporary Partial DisabilityTemporary Total DisabilityMedical TreatmentBack Injury
References
3
Case No. 2015-07-0086
Regular Panel Decision
Aug 04, 2015

Spain, Amanda v. Health South Cane Creek Rehab Hospital

Amanda Spain, the employee, filed a Request for Expedited Hearing with the Tennessee Court of Workers' Compensation Claims, seeking temporary disability benefits following a work-related injury diagnosed as bilateral carpal tunnel syndrome. She underwent two surgeries, on April 8, 2015, and May 27, 2015, and was placed on light-duty restrictions by her authorized treating physician, Dr. Ragsdale. Although Ms. Spain was terminated for cause by her employer, Health South Cane Creek Rehab Hospital, the Court found that her termination did not preclude her entitlement to temporary partial disability benefits. The employer conceded that, but for the termination, Ms. Spain would have been entitled to the benefits for the relevant period. Consequently, the Court granted the request, ordering Health South or its insurance carrier, Arch Insurance Company, to pay Ms. Spain $413.38 per week in temporary disability benefits, retroactive to May 27, 2015, and continuing until she reaches maximum medical improvement or returns to work without restrictions.

Workers' CompensationTemporary DisabilityCarpal Tunnel SyndromeSurgical ProcedureLight-Duty RestrictionsEmployment TerminationDisability BenefitsTennessee LawExpedited HearingMedical Examiner
References
6
Case No. 2015-06-0184
Regular Panel Decision
May 11, 2016

Hager, Sharon v. United Parcel Service, Inc

Ms. Hager filed a request for an Expedited Hearing seeking temporary disability and medical benefits due to a work-related shoulder injury. She alleged the injury occurred while loading packages at UPS. Her authorized treating physician, Dr. LaDouceur, released her at maximum medical improvement with no impairment. Subsequently, Ms. Hager sought treatment with Dr. Oglesby under private insurance, who performed surgery for a SLAP lesion. Dr. Oglesby, however, attributed her injury to a fall at work, which Ms. Hager denied. The Court found Ms. Hager failed to prove a causal connection between her workplace lifting accident and the treatment provided by Dr. Oglesby, or her need for temporary disability benefits. Therefore, her request for medical and temporary disability benefits was denied.

Shoulder InjuryTemporary Disability BenefitsMedical BenefitsCausal ConnectionExpedited HearingDenial of BenefitsSLAP LesionTendinosisArthritisMalingering
References
6
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