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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Onley v. National Union Fire Insurance Co. of Pittsburgh

This workers' compensation case addresses the appropriate scheduled member for a compensable injury and the extent of disability. The employee suffered a severe comminuted fracture to the first metacarpal bone in his left hand and a laceration on June 8, 1988. An orthopedic surgeon assessed a 63% permanent partial disability to the left thumb, which could also translate to hand or arm impairment, noting the fracture extended slightly into the wrist joint. The trial court awarded 60% permanent partial disability to the left thumb. On appeal, the court determined the injury was more appropriately classified as a disability to the left hand due to the fracture's location at the base of the thumb extending into the hand. Consequently, the judgment was modified to award 50% permanent partial disability to the left hand, affirming the trial court in all other respects.

Workers' CompensationScheduled InjuryPermanent Partial DisabilityLeft Hand InjuryThumb FractureMetacarpal BoneMedical TestimonyOrthopedic SurgeonAppellate ReviewTrial Court Modification
References
6
Case No. MISSING
Regular Panel Decision

Johnson v. LOJAC MATERIALS, INC.

This workers’ compensation appeal involves an employee, Johnson, who sustained a hand injury on June 1, 1999, while working at Lojac, fracturing his third and fourth metacarpals. He underwent surgery and was assessed a permanent impairment of 2-3 percent to the hand by medical examiners. The trial judge awarded permanent partial disability benefits based on 50 percent to the hand, which the employer argued was excessive and the employee contended was inadequate. The Special Workers’ Compensation Appeals Panel reviewed the evidence de novo and affirmed the trial court’s award. The Supreme Court adopted and affirmed the Panel's findings and conclusions, denying the applicant's motion for review.

Permanent Partial DisabilityHand InjuryMetacarpal FractureVocational DisabilityAppellate ReviewMedical ImpairmentTrial Court AwardSpecial Workers’ Compensation Appeals PanelSupreme Court ReviewEmployer Liability
References
4
Case No. ADJ12427109
Regular
Apr 04, 2023

RICHARD ADAMS vs. MR. PLASTICS, INC., EMPLOYERS ASSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a workers' compensation award finding an industrial injury to the applicant's right hand. The applicant claimed a fracture occurred while operating a machine, though medical records initially focused on a non-industrial injury from a ladder. Crucially, a Qualified Medical Examiner (QME) opined the fracture was consistent with the applicant's described work mechanism. The Board denied reconsideration, adopting the WCJ's reasoning which prioritized the QME's opinion and medical records documenting the fracture prior to termination, over the defendant's arguments regarding proof of injury and temporary disability.

Petition for ReconsiderationIndustrial InjuryTemporary DisabilityMachine OperatorRight Hand InjuryScaphoid FractureAOE/COEContemporaneous Medical RecordsQualified Medical Examiner (QME)Dr. Roland
References
0
Case No. MISSING
Regular Panel Decision
May 11, 1990

Claim of Johnson v. New York City Board of Education

This case involves an appeal from a decision and an amended decision of the Workers’ Compensation Board. The Board had ruled that the claimant sustained a consequential injury and subsequently restored the case to the trial calendar. The appellate court affirmed the Board's decision, finding that the claimant's physician's testimony, despite some lack of clarity, met the requirement of signifying a probability as to the cause of the injury and was supported by a rational basis. Specifically, the determination that the claimant’s left ankle fracture was a consequence of an earlier work-related ankle fracture, which left the ankle in a weakened condition, was supported by substantial evidence.

Workers' CompensationAppealConsequential InjuryAnkle FractureMedical EvidencePhysician TestimonySubstantial EvidenceAppellate AffirmationWork-Related InjuryMedical Causation
References
3
Case No. 2023-04-00747
Regular Panel Decision
Aug 07, 2023

Redmon, Wetonia v. Dr. Daniel Jefferson Barnes

Wetonis A. Redmon sought medical treatment and temporary disability benefits for a right-arm fracture that occurred at work. During an Expedited Hearing on August 1, 2023, the Court found that although the injury happened in the course and scope of her employment, Ms. Redmon failed to establish that it arose primarily from the conditions of her employment. Ms. Redmon tripped and fell while carrying a tray, sustaining a displaced comminuted fracture in her right arm, but could not identify a specific workplace hazard causing the fall. The Court determined the injury was idiopathic and lacked a peculiar or additional employment hazard. Consequently, the Court denied her request for medical and temporary disability benefits, as well as attorney's fees.

Idiopathic InjuryWorkplace FallRight Arm FractureTemporary Disability BenefitsMedical Treatment DenialWorkers' Compensation ClaimsCourse and Scope of EmploymentEmployment HazardCausationExpedited Hearing
References
4
Case No. MISSING
Regular Panel Decision

Park v. City of New York

In a personal injury action arising from a construction site accident, the Supreme Court, New York County, initially reduced a jury's award for past pain and suffering from $1,500,000 to $600,000. On appeal, the order was unanimously modified by the Appellate Division. The appellate court further directed a new trial on future pain and suffering unless the plaintiff agreed to a reduction of the award from $800,000 to $400,000. The decision was based on a comparison to similar cases involving comminuted elbow/arm fractures, multiple surgeries, and permanent limitations, while noting the plaintiff's non-dominant wrist fracture added little value as it resolved without surgery.

Personal InjuryConstruction Site AccidentDamagesPain and SufferingJury Award ReductionAppellate ReviewFractureElbow InjuryWrist InjuryStipulation
References
5
Case No. CA 13-02156
Regular Panel Decision
Jun 20, 2014

CLAYPOOLE, CHRISTINA v. TWIN CITY AMBULANCE CORP.

Plaintiffs Christina and Joseph Claypoole brought a personal injury action against Twin City Ambulance Corp., alleging negligence by defendant's employees resulted in Christina sustaining a hip fracture during ambulance transport. Defendant sought summary judgment, denying negligence and lack of causation. The Supreme Court denied the motion, leading to defendant's appeal. The Appellate Division affirmed the lower court's decision, concluding that the doctrine of res ipsa loquitur was applicable. The court found that the evidence, including Christina being unconscious and in defendant's exclusive custody when she sustained the fracture, raised triable issues of fact regarding defendant's negligence, thus properly denying the summary judgment motion.

Personal InjuryNegligenceAmbulanceHip FractureRes Ipsa LoquiturSummary JudgmentAppellate ReviewExclusive ControlProximate CauseMedical Transport
References
13
Case No. 14-04-00320-CV
Regular Panel Decision
Jun 28, 2005

Kenneth Barchus v. State Farm Fire & Casualty Company

Kenneth Barchus appealed a trial court's judgment denying him lifetime income benefits for a work-related brain injury sustained in 1995 while employed by Barchus Barber Shop. The trial court, relying on a pre-1997 version of the Texas Labor Code, concluded that a skull fracture was required for Lifetime Income Benefits (LIBs), despite finding Barchus sustained an injury to skull structures and suffered incurable insanity. The Court of Appeals reviewed the statutory interpretation, finding that 'injury to the skull' does not demand a 'fracture of the skull' and that the trial court's conclusion was inconsistent with the statute's plain language. The appellate court reversed the trial court's judgment, rendering judgment that Barchus is entitled to LIBs.

Workers' CompensationLifetime Income BenefitsStatutory ConstructionBrain InjurySkull InjuryLegislative IntentAdministrative InterpretationTexas Labor CodeDe Novo ReviewAppellate Court
References
18
Case No. 534831
Regular Panel Decision
Oct 12, 2023

In the Matter of the Claim of Susan Zuhlke

Susan Zuhlke appealed two decisions by the Workers' Compensation Board concerning a schedule loss of use (SLU) award for her right leg injuries. Zuhlke, a teacher, suffered right ankle and knee/tibia fractures in October 2018, later including fibular neuropathy. While a 25.8% SLU for her right foot was stipulated, a dispute arose over the right knee, with the Board ultimately affirming a 15% SLU based on the carrier's medical consultant's opinion and denial of reconsideration. The Appellate Division affirmed the Board's determination, finding substantial evidence supported the 15% SLU award for the right knee, consistent with impairment guidelines and prior Board decisions regarding tibial plateau fractures.

Workers' CompensationSchedule Loss of UseSLURight Leg InjuryTibial Plateau FractureFibular NeuropathyMaximum Medical ImprovementImpairment GuidelinesMedical OpinionsAppellate Review
References
9
Case No. MISSING
Regular Panel Decision
May 13, 2013

Claypoole v. Twin City Ambulance Corp.

Plaintiffs, including Christina Claypoole, initiated a personal injury action against an unnamed defendant, alleging negligence during Claypoole's ambulance transport which led to a hip fracture. The defendant sought summary judgment to dismiss the complaint, asserting a lack of negligence and evidence of injury under their care. The Supreme Court denied this motion, prompting the defendant's appeal. The appellate court affirmed the lower court's decision, concluding that the doctrine of res ipsa loquitur was applicable based on the defendant's own submissions, thereby establishing triable issues of fact concerning negligence. The evidence indicated that Claypoole, while unconscious and in the exclusive custody of the defendant, sustained a hip fracture, and experienced pain only after being in the ambulance, reinforcing the applicability of res ipsa loquitur.

Personal InjuryNegligenceRes Ipsa LoquiturSummary JudgmentAmbulance TransportHip FractureAppellate ReviewExclusive ControlTriable Issues of FactProximate Cause
References
9
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