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Case Law Database

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

Case No. 2018-01-0702

Regular Panel Decision

Dec 16, 2019

What Happened in Felix vs. Weber Metals Reconsideration?

Ms. Mollica requested medical and temporary disability benefits from EHHI Holdings, Inc., which had accepted her back injury but failed to provide orthopedist treatment and denied her claim that the medication Lyrica aggravated a pre-existing mental condition. The Court found Ms. Mollica entitled to the requested benefits. It ordered EHHI to authorize psychiatric evaluation with Dr. Sandvi and orthopedic treatment with Dr. Caputo, reimburse out-of-pocket medical expenses incurred for her mental condition, and pay past and ongoing temporary total disability benefits. Additionally, EHHI was required to respond regarding a potential twenty-five percent penalty for non-payment of temporary disability benefits.

Temporary Total DisabilityMedical Treatment AuthorizationPre-existing Mental Health ConditionDrug AggravationLyrica Side EffectsPsychiatric EvaluationOrthopedic ReferralCausation StandardPhysician Opinion PresumptionPenalty for Non-payment

References

Case No. 2016-08-0124

Regular Panel Decision

Jun 01, 2016

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This Expedited Hearing Order addresses Janice Parker's claim for medical and temporary disability benefits due to a mental injury. Ms. Parker, an orthopedic technician at Regional One Health, experienced a traumatic event where an inmate patient lunged at an officer, who then drew her weapon, making Ms. Parker feel trapped and fear for her life. The employer denied the claim, arguing the event was not unexpected for the workplace. However, the Workers' Compensation Judge found that Ms. Parker presented sufficient evidence to establish a likely compensable mental injury caused by a sudden and unexpected mental stimulus, which also aggravated her pre-existing anxiety. Consequently, the court ordered Regional One Health to provide medical benefits for psychiatric treatment and temporary total disability benefits commencing from the date of the incident.

Workplace ViolenceMental InjuryPTSDAnxiety DisorderExpedited HearingMedical BenefitsTemporary DisabilityPre-existing ConditionCompensabilityMedical Causation

References

Case No. 2016-01-0035 / 67325-2014

Regular Panel Decision

Aug 07, 2017

What Did the WCAB Decide in Cuadra vs. Community Home Care?

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

Case No. 2016-08-0678

Regular Panel Decision

Nov 04, 2016

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

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

Case No. 2017-06-1778

Regular Panel Decision

Apr 11, 2018

Can a WCJ Be Disqualified for Appearance of Bias?

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

Case No. 2014-01-0002

Regular Panel Decision

Oct 16, 2015

What Were the Key Rulings in Torrez vs. SuperShuttle?

Denita Howard, a trainee truck driver for USXpress Enterprises, Inc., filed for an expedited hearing seeking medical benefits for emergency treatment after a work injury and temporary partial disability benefits. The alleged injury occurred when her tractor-trailer overturned near Acadia, Louisiana. The Court found Ms. Howard entitled to the requested medical benefits for charges from Jefferson Davis Emergency Group, LLC, as the employer's carrier, Liberty Mutual, had already paid the bill. However, her claim for temporary partial disability benefits from January 7, 2015, to February 18, 2015, was denied, as she was deemed to have reached maximum medical improvement as of December 18, 2014, by Dr. Venugopal Gadipudi. The employer's request for reimbursement of temporary partial disability benefits paid after the MMI date was deferred.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Partial DisabilityMaximum Medical Improvement (MMI)Emergency TreatmentTruck Driver InjuryMotor Vehicle AccidentNeurological CareInsurance Carrier Liability

References

Case No. 2016-03-1198

Regular Panel Decision

Mar 16, 2017

Why Was Removal Denied in Rush vs. California Correctional Institution?

Hilda Green, an employee of Campbell Co. Government, filed a Request for Expedited Hearing seeking medical and temporary disability benefits for a mental injury she alleged arose from harassment and a physical assault by a co-worker. The central legal issue was whether Ms. Green established that her mental injury arose primarily out of and in the course and scope of her employment. Ms. Green provided medical records and an affidavit but did not present expert medical proof of causation or an in-person testimony. The Workers' Compensation Judge denied her claim, finding she failed to provide sufficient evidence to demonstrate she was likely to prevail on the merits, specifically regarding medical causation and a sudden or unusual stimulus contributing more than fifty percent to her condition. The court found her mental injury was not primarily caused by a compensable physical injury or an identifiable work-related event.

Mental InjuryExpedited HearingMedical BenefitsTemporary Disability BenefitsWorkplace HarassmentPhysical Assault AllegationMedical CausationCredibility DeterminationsExpert Medical ProofWorkers' Compensation Judge

References

Case No. 2017-06-0526

Regular Panel Decision

Nov 27, 2017

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Glenda Edwards sought medical and temporary disability benefits for a psychological injury she alleged resulted from a work-related shoplifting incident at Fred's Pharmacy. Fred's Pharmacy initially denied benefits, arguing the psychological injury did not arise from the incident and that Ms. Edwards had pre-existing conditions. The Court found Ms. Edwards likely to prevail, concluding that the shoplifting incident, where she was assaulted, exacerbated her pre-existing mental health conditions and qualified as a compensable injury. Due to the employer's failure to provide a panel of physicians, the Court appointed Dr. Oleksandr Osipchuk as the authorized treating physician. Consequently, Fred's Pharmacy was ordered to provide continuing medical treatment and accrued temporary total disability benefits for a specific period.

Workers' CompensationPsychological InjuryPTSDShoplifting IncidentExacerbation of Pre-existing ConditionTemporary Disability BenefitsMedical BenefitsUnauthorized PhysicianPanel of PhysiciansTennessee

References

Case No. 2019-07-0058

Regular Panel Decision

Jul 16, 2019

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Ms. Cornelison sought additional medical and temporary disability benefits for injuries to her right knee and back, which JTN Lodging, LLC contested. An Expedited Hearing found her likely to prevail on medical benefits but not temporary disability. The Court accepted Dr. Michael Smigielski's opinion, who linked both the knee and sciatica to the work injury, over Dr. John Masterson's conflicting views. Consequently, Dr. Smigielski was designated the authorized treating physician for both conditions. Temporary disability benefits were denied due to insufficient evidence regarding the duration of her inability to work.

Workers' CompensationMedical BenefitsTemporary DisabilityKnee InjuryBack InjurySciaticaMeniscus TearCausationAuthorized Treating PhysicianExpedited Hearing

References

Case No. 2015-07-0067

Regular Panel Decision

Oct 02, 2015

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Chris Hardin, an employee, sought medical and temporary disability benefits for bilateral arm injuries allegedly sustained gradually during his repetitive work at Dewayne's Quality Metals. The employer and its insurer, Accident Fund, contested the work-relatedness of the injury. The court granted Mr. Hardin medical benefits for further evaluation of his alleged injuries, determining he presented sufficient evidence to likely prevail on the causation issue for medical treatment. However, the court denied his claims for temporary disability benefits and outstanding medical bills at this time, awaiting expert medical evidence confirming a causal connection between his employment and disability.

Workers' CompensationGradual InjuryBilateral Arm InjuriesCarpal Tunnel SyndromeUlnar Nerve NeuropathyDiabetic NeuropathyMedical BenefitsTemporary Disability BenefitsCausationNotice Requirements

References

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Updated Daily

Case Law Database

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

Case No. 2018-01-0702

Regular Panel Decision

Dec 16, 2019

What Happened in Felix vs. Weber Metals Reconsideration?

References

Case No. 2016-08-0124

Regular Panel Decision

Jun 01, 2016

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

Workplace ViolenceMental InjuryPTSDAnxiety DisorderExpedited HearingMedical BenefitsTemporary DisabilityPre-existing ConditionCompensabilityMedical Causation

References

Case No. 2016-01-0035 / 67325-2014

Regular Panel Decision

Aug 07, 2017

What Did the WCAB Decide in Cuadra vs. Community Home Care?

References

Case No. 2016-08-0678

Regular Panel Decision

Nov 04, 2016

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

References

Case No. 2017-06-1778

Regular Panel Decision

Apr 11, 2018

Can a WCJ Be Disqualified for Appearance of Bias?

Workplace InjuryFuture Medical BenefitsTemporary Disability BenefitsPermanent Disability BenefitsAdmissibility of Medical ReportsForm C-30AForm C-32Impairment RatingHearsayMaximum Medical Improvement

References

Case No. 2014-01-0002

Regular Panel Decision

Oct 16, 2015

What Were the Key Rulings in Torrez vs. SuperShuttle?

References

Case No. 2016-03-1198

Regular Panel Decision

Mar 16, 2017

Why Was Removal Denied in Rush vs. California Correctional Institution?

References

Case No. 2017-06-0526

Regular Panel Decision

Nov 27, 2017

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Workers' CompensationPsychological InjuryPTSDShoplifting IncidentExacerbation of Pre-existing ConditionTemporary Disability BenefitsMedical BenefitsUnauthorized PhysicianPanel of PhysiciansTennessee

References

Case No. 2019-07-0058

Regular Panel Decision

Jul 16, 2019

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Workers' CompensationMedical BenefitsTemporary DisabilityKnee InjuryBack InjurySciaticaMeniscus TearCausationAuthorized Treating PhysicianExpedited Hearing

References

Case No. 2015-07-0067

Regular Panel Decision

Oct 02, 2015

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Workers' CompensationGradual InjuryBilateral Arm InjuriesCarpal Tunnel SyndromeUlnar Nerve NeuropathyDiabetic NeuropathyMedical BenefitsTemporary Disability BenefitsCausationNotice Requirements

References

Showing 1-10 of 16,261 results

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