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

Case No. 2-06-016-CV
Regular Panel Decision
Mar 15, 2007

Shioleno Industries, Inc. AND Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington v. Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington AND Shioleno Industries, Inc.

Shioleno Industries, Inc. appealed a summary judgment granted in favor of Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC d/b/a Medical Center of Arlington (the Hospital). The case originated from the Hospital's alleged failure to disclose an employee's positive drug and alcohol test results to Shioleno after an on-the-job injury. Shioleno contended that this omission led to increased workers' compensation premiums and expenses in unemployment benefit disputes. The appellate court affirmed the trial court's judgment, ruling that Shioleno failed to provide a valid authorization for the disclosure of medical information. Consequently, the Hospital had no legal duty to disclose the results and could not be held liable for negligence, breach of contract, or Deceptive Trade Practices Act (DTPA) violations.

Summary JudgmentMedical RecordsDisclosure AuthorizationHealth & Safety CodeNegligenceBreach of ContractDTPADrug TestingAlcohol TestingEmployer Liability
References
13
Case No. 126300 R.D.
Regular Panel Decision

Bazner v. American States Insurance Co.

Walter Bazner, an insulator diagnosed with asbestosis, previously received workers' compensation benefits from L.D. Powell & Company and its insurer, American States Insurance Company, for permanent total disability and medical expenses incurred up to the judgment date. When Bazner incurred additional medical expenses post-judgment, American refused payment, arguing the prior judgment was res judicata and required pre-approval for new expenses. Bazner initiated a new suit, and the trial court sided with him. On appeal, the Supreme Court held that Bazner's claim for future medical expenses was not barred, reiterating that such expenses are recoverable under T.C.A. § 50-6-204 and established procedural rules for seeking them via petition in the original action. The court also found Bazner's decision to seek further medical attention from his treating physician reasonable under the circumstances. The case was remanded for further proceedings regarding future medical payments and related issues.

AsbestosisOccupational DiseaseFuture Medical ExpensesPost-Judgment CareRes Judicata DefenseEmployer Medical AuthorizationInsurance LiabilityStatutory BenefitsAppellate ReviewRemand Order
References
6
Case No. 02A01-9505-CV-00118
Regular Panel Decision
Aug 08, 1996

Cassandra Hughlett v. Shelby County Health Care Corporation, Regional Medical Center at Memphis A/K/A The Med

Plaintiff Cassandra Hughlett underwent a cesarean section in 1991, during which a surgical sponge was allegedly left in her abdomen by the defendants, Shelby County Health Care Corporation, Regional Medical Center at Memphis, a/k/a "The Med," and the University of Tennessee Medical Group, Inc. She subsequently experienced severe pain and required readmission to remove the foreign body, leading her to file a medical malpractice suit alleging negligence. The parties reached a settlement, but a dispute remained regarding whether the plaintiff could recover $6,777.17 in medical expenses paid by the Tennessee Medicaid program from the defendants. The trial court ruled in favor of Hughlett, holding that Medicaid payments were recoverable. "The Med" appealed, arguing that social security benefits (which they claimed Medicaid payments were part of) are collateral sources under T.C.A. § 29-26-119 and thus not recoverable. The Court of Appeals affirmed the trial court's decision, citing Nance by Nance v. Westside Hosp. and federal law (42 U.S.C. § 1396a (a) 25(A)), which mandates states to pursue recovery from legally liable third parties. The court concluded that the plaintiff's losses were not "replaced or indemnified" due to the state's right of subrogation for Medicaid payments, making the benefits recoverable.

Medical MalpracticeMedicaid PaymentsCollateral Source RuleSubrogation RightsSocial Security BenefitsHealth Care Provider NegligenceSurgical ErrorForeign Body RetentionCesarean Section ComplicationsDamages Recovery
References
4
Case No. 12-15-00014-CV
Regular Panel Decision
Jun 03, 2015

East Texas Medical Center D/B/A East Texas Medical Center Emergency Medical Services v. Jody Delaune Individually and as Personal Representative of the Estate of Crystal Delaune, and as Next Friend of D. D., D. D. and D. A. D., Minors

The appellant, East Texas Medical Center (ETMC), appeals a judgment finding it negligent for failing to train its EMS providers. The core issue revolves around whether ETMC adequately trained its employees on patient restraint protocols in a behavioral emergency, which allegedly led to the death of Crystal Delaune. ETMC argues that there is legally insufficient evidence to establish proximate cause because the EMS providers were previously found not negligent. Additionally, ETMC contends the appellee's expert testimony on the standard of care and breach was conclusory and based on improper inference-stacking. The appellant seeks a reversal of the verdict and a take-nothing judgment.

Negligent TrainingProximate CauseLegal Sufficiency of EvidenceStandard of CareEmergency Medical ServicesAppellate ReviewSummary JudgmentEmployee MisconductMedical Negligence DefenseExpert Witness Testimony
References
51
Case No. 11-03-00346-CV
Regular Panel Decision
Mar 03, 2005

Ray Warren, M.D. and Texas Medical Images, Inc. v. KPH-Consolidation, Inc., D/B/A Columbia Kingwood Medical Center

Ray Warren, M.D. and Texas Medical Images, Inc. (Warren) appealed the trial court's order granting summary judgment to KPH-Consolidation, Inc. d/b/a Columbia Kingwood Medical Center (Kingwood). The dispute arose from Warren's failure to pay rent on two lease agreements, leading Kingwood to sue for breach of contract. The trial court granted Kingwood's motion for summary judgment and ruled against Warren on his counterclaim regarding a breach of an Expense Sharing Agreement and breach of warranty. The Eleventh Court of Appeals affirmed the trial court's judgment, finding Kingwood had proven its breach-of-contract claim and that Warren's counterclaim failed as a matter of law, partly due to an 'as is' clause in the Equipment Lease. The appellate court also upheld the denial of Warren's motion for a new trial, finding no abuse of discretion.

summary judgmentbreach of contractlease agreementequipment leasecounterclaimbreach of warranty"as is" clauseappellate reviewabuse of discretionTexas law
References
8
Case No. 2016-06-1429
Regular Panel Decision
Mar 31, 2017

Jackson, Eldon B. v. Express Services, Inc

Mr. Eldon B. Jackson sought payment for past medical expenses through an expedited hearing, claiming a recurrence of costochondritis was caused by his work for Express Services, Inc. The employer argued the injury was not primarily work-related and costochondritis was a pre-existing condition. The Court found Mr. Jackson failed to provide expert medical proof establishing a causal link between his employment and the condition's recurrence, which is required for non-obvious cases. Furthermore, Mr. Jackson also failed to present the actual medical bills for which he sought payment. Consequently, the Court denied his request for reimbursement of medical expenses but allowed for the possibility of presenting additional proof in the future.

Workers' CompensationMedical ExpensesExpedited HearingCostochondritisCausationPre-existing ConditionExpert Medical ProofTennesseeMisdiagnosisAortic Dissection
References
3
Case No. ADJ1700793 (SAC 0307437) ADJ3714832 (SAC 0307399)
Regular
Jun 13, 2011

JUANITA BRADLEY (Deceased) vs. COUNTY OF PLACER

This case involves a dispute over liability for a medical-legal report cost. The defendant seeks reconsideration of a prior award holding them responsible for Dr. Adelberg's $4,237.50 report. The defendant argues the judge ignored a prior order for an Agreed Medical Evaluation (AME) and that the applicant's attorney improperly proceeded with Dr. Adelberg's exam. The Board granted reconsideration, preliminarily finding it may be inequitable to place the full cost on the defendant, and intends to split the expense between the defendant and applicant's attorney. A dissenting opinion argues the defendant's own correspondence shows an ongoing dispute regarding the AME, supporting the original award of liability.

Workers' Compensation Appeals BoardReconsiderationMedical-Legal ReportAgreed Medical EvaluationQualified Medical EvaluatorJoint Findings and AwardLabor Code Section 4062(a)Stipulation and OrderEquitable PowersLien Claimant
References
1
Case No. 2016-03-0449
Regular Panel Decision
Oct 03, 2016

Rodgers, Katherine v. NHC Healthcare

Katherine Rodgers, an employee, filed an Expedited Hearing Request seeking temporary disability benefits and reimbursement for unauthorized medical expenses after a work-related right shoulder injury. The employer, NHC Healthcare, and its carrier, Premier Group Insurance, had provided authorized medical panels, but Rodgers sought additional treatment without their authorization due to ongoing pain. The Court found that Rodgers' decision to seek unauthorized care was not reasonable, as she failed to properly notify her employer and did not establish the necessity and reasonableness of the associated charges. Furthermore, the Court concluded that she was not entitled to temporary disability benefits because no authorized medical provider had taken her completely off work, and she did not substantiate her claims regarding work restrictions. Consequently, the Workers' Compensation Judge denied Ms. Rodgers' claims for both unauthorized medical treatment expenses and temporary disability benefits.

Workers' CompensationTemporary Disability BenefitsMedical ExpensesUnauthorized TreatmentExpedited HearingWork InjuryShoulder InjuryCertified Nursing AssistantEmployer ObligationsEmployee Responsibilities
References
7
Case No. ADJ18498378
Regular
Oct 27, 2025

MARIA VENEGAS vs. MARATHON PETROLEUM COMPANY, ACE AMERICAN INSURANCE

Lien claimant, Premier Psychological Services, sought reconsideration of a Findings and Order from July 30, 2025, which denied its lien for medical-legal and medical treatment expenses. The Workers' Compensation Appeals Board (WCAB) granted the petition for reconsideration, rescinded the original F&O, and returned the matter to the trial level for further proceedings. The Board found that the medical-legal expenses were incurred for a contested claim and that the medical report from Dr. Mark Michaels constituted substantial medical evidence for an injury arising out of and in the course of employment, despite some curable deficiencies regarding interpreter information. The WCAB ordered further consideration of the medical treatment expenses and a potential updated utilization review.

Premier Psychological ServicesAdjudication Number ADJ18498378Opinion and Order Granting Petition for ReconsiderationDecision After ReconsiderationLien ClaimantPrimary Treating Physician (PTP)Dr. Mark MichaelsInjury Arising Out of and In the Course of Employment (AOE/COE)PsycheMedical-Legal Report
References
21
Case No. 03-17-00357-CV
Regular Panel Decision
Nov 21, 2017

George Allibone, M.D. v. Scott Freshour, in His Official Capacity as the Interim Executive Director of the Texas Medical Board Juanita Garner, Investigator of the Texas Medical Board And the Texas Medical Board

George Allibone, M.D., appealed the denial of his petition for a protective order against an administrative subpoena issued by the Texas Medical Board. The subpoena sought patient medical and billing records for an investigation into complaints against Allibone. He contended the trial court erred by failing to issue findings of fact and conclusions of law and by abusing its discretion in finding the subpoena reasonable and relevant. The appellate court found Allibone waived his complaint regarding missing findings. It also concluded the trial court did not abuse its discretion, citing the Board's need for complete records for investigation and Allibone's failure to prove the unconstitutionality of the statute requiring compliance. The trial court's order was affirmed.

Medical Board InvestigationAdministrative SubpoenaPhysician RecordsConstitutional RightsDue ProcessJudicial Review of Agency ActionAbuse of DiscretionFourth AmendmentTexas LawProfessional Licensing
References
50
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