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Case Law Database

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

Case No. 08-11-00264-CV
Regular Panel Decision
Oct 08, 2014

Maria G. Thompson/Luis Marioni, D.C. v. Jaime Stolar, M.D., Alivio Medical Center, Alivio Treatment Centers, P.A. and Luis Marioni, D.C./Maria G. Thompson

This multi-party appeal originated from a medical and chiropractic malpractice lawsuit filed by Maria G. Thompson against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center and Alivio Treatment Centers, P.A. Thompson alleged negligence resulting in severe knee injuries, including infection and fusions, following injections and treatment. A jury found Dr. Stolar and Dr. Marioni negligent, awarding damages. On appeal, the court reversed the judgment against Dr. Marioni due to insufficient evidence of causation but affirmed the judgment against Dr. Stolar. The court also upheld the denial of Thompson's claims regarding damages and apparent agency against Alivio.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSpontaneous FusionSurgical FusionNegligenceCausationDamages AssessmentApparent Agency
References
48
Case No. 2016-08-1486
Regular Panel Decision
Nov 30, 2018

Nance, Amy v. JCSD Emergency Medical Group d/b/a Medic One Response

Ms. Nance, an emergency medical technician, injured her left upper extremity while moving a patient. After conservative treatment, she was diagnosed with cubital tunnel syndrome and later recommended for a cervical spine evaluation by Dr. Cole. Medic One denied the requested benefits, claiming misrepresentation and non-work-related activity. The Court found Ms. Nance likely to prevail for medical benefits, ordering Medic One to authorize a cervical spine evaluation and allow her to select a specialist. However, Ms. Nance was not found eligible for temporary disability benefits due to insufficient medical proof of disability.

Workers' CompensationMedical BenefitsTemporary Disability BenefitsCubital Tunnel SyndromeCervical Spine EvaluationMedical MisrepresentationCausal ConnectionExpedited HearingPermanent ImpairmentTreating Physician
References
3
Case No. 2017-08-1422
Regular Panel Decision
Jun 20, 2018

Moore, Mary v. Real Nurses, LLC

Mary Moore, a home health nurse for Real Nurses LLC, claimed a back injury on December 11, 2017, from turning a patient. She did not attend a scheduled workers' compensation doctor's appointment, instead seeking treatment from her own doctor. Ms. Moore also allegedly refused to sign a medical release and provide related medical records and bills. The Court denied her request for medical and temporary disability benefits, finding she was unlikely to prove a work-related injury and that her refusal of medical treatment amounted to non-compliance under Tennessee Workers' Compensation Law.

Expedited HearingTemporary Disability BenefitsMedical Benefits DenialWork-Related InjuryCausation DisputeNon-ComplianceRefusal of Medical TreatmentBurden of ProofHome Health Nurse InjuryBack Injury Claim
References
2
Case No. 2021-06-1167
Regular Panel Decision
May 25, 2023

Carrillo, Miguel Garcia v. Carlos Sanchez Hurtado, a/k/a Carlos Ramirez Rios, Gilberto Cavazos, Kosinski Homes, Kosinski Properties LLC, Hartford Casualty Insurance Company, and Hartford Underwriters Insurance Company

Miguel Garcia Carrillo, an employee of Carlos Sanchez Hurtado, sustained arm and leg injuries from a fall at a construction site. The court determined Gilberto Cavazos to be the statutory employer, making him and his insurer, Hartford Underwriters Insurance Company, responsible for workers' compensation benefits. They are ordered to provide a panel of orthopedists for Mr. Carrillo's medical treatment. However, requests for payment of past medical bills and temporary disability benefits were denied due to a lack of admissible evidence, though Mr. Carrillo may re-submit these claims with proper documentation. Additionally, the case is referred for investigation into potential penalties against Carlos Sanchez Hurtado, Gilberto Cavazos, and Hartford Underwriters Insurance Company for various statutory non-compliances, including failure to provide insurance and medical treatment.

Workers' CompensationConstruction AccidentStatutory EmployerUninsured EmployerMedical BenefitsTemporary DisabilityPenaltiesOrthopedists PanelAdmissible EvidenceEmployer Liability
References
10
Case No. 2015-03-0285
Regular Panel Decision
Feb 02, 2016

Long, Joann v. Southeast Eye Specialists

This Expedited Hearing Order addresses Joann Long's request for medical and temporary disability benefits after a workplace fall. Ms. Long, employed by SouthEast Eye Specialists, sustained a severe hamstring injury. She initially received treatment from Dr. Hovis, the authorized treating physician, who did not recommend surgery. Ms. Long sought a second opinion and, dissatisfied with Dr. Hovis's care, pursued unauthorized surgery with Dr. Damon Petty. SouthEast Eye Specialists subsequently suspended her benefits, citing her non-compliance with the authorized physician. The Court found insufficient evidence to determine if Dr. Hovis's treatment was inappropriate, and thus, Ms. Long failed to justify seeking unauthorized medical care. Consequently, the Court denied her requests for reimbursement of medical expenses incurred with Dr. Petty and for temporary total disability benefits. Dr. Hovis is to remain the authorized treating physician, or SES must provide a new panel.

Workers' Compensation LawExpedited HearingMedical BenefitsTemporary Total DisabilityUnauthorized Medical TreatmentAuthorized Treating PhysicianPanel of PhysiciansBurden of ProofConflicting Medical OpinionsHamstring Injury
References
5
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
Case No. 02-22-00072-CV
Regular Panel Decision
Jul 27, 2023

BioTE Medical, LLC v. John Carrozzella, MD, JCMD Medical Services, Inc., Dan Deneui, and Terri Deneui

This case addresses whether a contractual "residual benefit" clause, requiring a post-termination fee for using a competing treatment method, constitutes a covenant not to compete under Texas law. Appellant BioTE Medical, LLC, licensed a pellet-based bioidentical hormone replacement therapy (BHRT) method. Appellee JCMD Medical Services, Inc., a former customer, terminated its agreement and began using a competitor's BHRT without paying the residual-benefit fee. BioTE Medical sued JCMD for breach of contract. The trial court granted summary judgment to JCMD, finding the clause unenforceable either as a noncompete or a violation of public policy. The appellate court reversed, holding that the residual-benefit clause is not a covenant not to compete as it does not restrict JCMD from competing with BioTE Medical, but rather from using a competitor's product. The court also declined to invalidate the clause on uncodified public policy grounds, deferring to the Legislature's policy determinations.

Contract lawCovenants Not to Compete ActResidual benefit clausePublic policyBioidentical hormone replacement therapy (BHRT)Breach of contractSummary judgmentAppellate reviewTexas lawBusiness and Commerce Code
References
33
Case No. MISSING
Regular Panel Decision

Colindres v. Carpenito

Plaintiff Rochelle Colindres sought a protective order to deny defendants' demand for a medical report from her former treating psychologist, Diane Henry, or alternatively, relief from compliance with Uniform Rules for Trial Courts § 202.17(b)(1). Colindres argued that the defendants waived their right to the report as the independent medical examination (IME) already occurred, and that obtaining the report would be an undue hardship since Henry ceased treatment due to Colindres' attendance issues. Defendants Mario Carpenito, Jr., City of White Plains, and White Plains Parking Department opposed, asserting that the report was necessary to clarify alleged injuries, prepare for cross-examination, and facilitate settlement, highlighting Colindres' complex medical history predating the incident. The court denied both branches of Colindres' motion, finding that the rule applies broadly to personal injury actions, defendants did not waive their entitlement, and Colindres failed to prove it was impossible to obtain the report. The court ordered Colindres to exchange a compliant medical report from Diane Henry by March 27, 2017.

protective ordermedical report disclosurediscovery disputepsychological treatmentindependent medical examinationCPLR 310322 NYCRR 202.17waiver of discoveryundue hardshippersonal injury damages
References
12
Case No. 13-09-00350-CV
Regular Panel Decision
Jan 21, 2010

Gulf Coast Medical Center, LLC, Tony Todd, Crna, Dan Madsen, M.D. and South Texas Medical Clinics, P.A. v. Jacqueline Temple and Marcus Banks, Individually and as Representatives of the Estate of Markasia Banks, a Minor Child

Appellants, Gulf Coast Medical Center, LLC, Tony Todd, CRNA, Dan Madsen, M.D., and South Texas Medical Clinics, P.A., appealed the trial court's denial of their motions to dismiss. The underlying suit was filed by appellees Jacqueline Temple and Marcus Banks, alleging negligence in the care and treatment of their deceased minor child, Markasia Banks. The core issue on appeal was the appellees' failure to timely serve an expert medical report as required by the Texas Civil Practice and Remedies Code. The Court of Appeals determined that the appellees' claims were 'health care liability claims' and that the expert report was indeed untimely, and that an abatement due to a failure to provide medical authorization did not extend the deadline. The court also affirmed the constitutionality of the expert report requirement. Consequently, the appellate court reversed the trial court's judgment, granted the appellants' motions to dismiss, and remanded the case for the award of attorney's fees and costs to the appellants.

Health Care Liability ClaimExpert Medical ReportMotion to DismissTimeliness of ReportAbatementMedical MalpracticeNegligenceDue ProcessTexas ConstitutionAppellate Review
References
32
Case No. 2022-02-0181
Regular Panel Decision
May 03, 2023

Milledge, Sherry v. K-VA-T Food Stores, Inc of Tennessee

Employee Sherry Milledge sought medical benefits and payment for past medical bills from her employer, K-VA-T Food Stores, following a lumbar strain sustained in a workplace slip. Despite initial treatment and various specialist consultations, including with neurosurgeon Dr. Jody Helms and physician Dr. William Platt, her pain persisted and radiated to her legs. K-VA-T initially resisted further treatment, citing a lack of specific recommendations and alleged non-compliance from Ms. Milledge. The Court ruled in favor of Ms. Milledge, ordering K-VA-T to authorize a return visit to Dr. Helms and to investigate and pay outstanding physical therapy bills from Holston Medical Group. Additionally, Holston Medical Group was referred to the Compliance Program for possibly violating state law by pursuing private claims against the employee for compensable medical bills.

Expedited Hearing OrderMedical Benefits DisputeLumbar Strain InjuryPhysical Therapy DeniedPhysician Non-ComplianceNeurosurgeon OpinionInsurance Payment IssuesMedical Bill CollectionCompliance Program ReferralTennessee Workers' Comp Law
References
2
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