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

Case No. MISSING
Regular Panel Decision

Bennett v. Roman Catholic Diocese of Rockville Centre

In this workers' compensation case, the claimant appealed a decision from the Workers’ Compensation Board. The Board ruled that the claimant's cervical spine injury claim was barred by Workers’ Compensation Law § 28 because it was filed more than two years after the 2010 work-related accident, which initially caused back and leg injuries. Although the claimant argued that a carrier's payment for a 2010 CT scan constituted an advance payment of compensation, the court disagreed, noting the CT scan did not reveal neck abnormalities at the time and subsequent treatment focused on other injuries. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that the neck injury claim was untimely.

Workers' CompensationStatute of LimitationsTimeliness of ClaimNeck InjuryBack InjuryAdvance Payment of CompensationIndependent Medical ExaminationAppellate DivisionNew YorkWorkers' Compensation Board Appeal
References
5
Case No. 528952
Regular Panel Decision
Feb 27, 2020

Matter of Saputo v. Newsday, LLC

Claimant John Saputo suffered work-related neck and shoulder injuries in 2016, leading to a workers' compensation claim. Initially, a Workers' Compensation Law Judge awarded him a schedule loss of use for his arms, finding no permanent neck impairment, but the Workers' Compensation Board later rescinded this award due to a possible residual neck impairment and remitted for further development of the record. On appeal, the Appellate Division modified the Board's decision, clarifying that a claimant can receive a schedule loss of use award for schedule injuries even if they also have a nonschedule permanent partial disability classification, provided they returned to work at pre-injury wages and receive no award for the nonschedule injury. However, the Court affirmed the Board's finding of substantial evidence for the claimant's residual cervical spine impairment of an unknown severity. The matter was ultimately remitted to the Workers' Compensation Board for further proceedings consistent with the Appellate Division's decision.

Workers' Compensation LawSchedule Loss of Use (SLU)Permanent Partial DisabilityCervical Spine InjuryShoulder InjuryMaximum Medical Improvement (MMI)Wage-Earning CapacityMedical Expert TestimonyAppellate ReviewRemittal
References
6
Case No. MISSING
Regular Panel Decision
Mar 13, 2019

Ferrell, Michael v. Wade Norris Logging, LLC

Mr. Ferrell sustained multiple work-related injuries, including to his neck, inner ear, and back, while working as a log-truck driver for Wade Norris Logging. The Court found his back injury compensable, accepting Dr. Raymond Gardocki's impairment rating of seven percent. For the neck injury, the Court sided with Dr. John Brophy's six percent impairment rating, rejecting Dr. Chung's higher assessment. The inner-ear injury received a zero percent impairment based on Dr. Christopher Hall's findings. The Court denied Mr. Ferrell's claim for permanent total disability but awarded permanent partial disability benefits, additional temporary total disability, future medical treatment, past medical bills, and attorney's fees.

Workers' Compensation ClaimsNeck Injury ImpairmentBack Injury CompensabilityInner-Ear Vestibular InjuryPermanent Partial Disability BenefitsPermanent Total Disability DenialMedical Causation DisputeAMA Guides Sixth EditionFunctional Capacity EvaluationTreating Physician Presumption of Correctness
References
6
Case No. 529029
Regular Panel Decision
Jan 30, 2020

Matter of Garratt-Chant v. Gentiva Health Servs.

Claimant Cecelia Garratt-Chant sustained two work-related injuries: a back injury in 1998 and a neck injury in 2010. The Workers' Compensation Board modified a WCLJ decision regarding the 2010 neck claim, finding a 40% permanent impairment and 50% loss of wage-earning capacity. Later, a WCLJ conducted a permanency and apportionment hearing for both claims, determining an overall permanent medical impairment of 60% and a 70% loss of wage-earning capacity, apportioning 65% to the neck claim and 35% to the back claim. The WCLJ reclassified the 2010 neck claim and extended wage loss benefits. The carrier appealed, arguing the Board improperly shifted liability, but the Appellate Division affirmed the Board's decision, citing its continuing jurisdiction to modify findings based on claimant's complete disability.

Workers' Compensation AppealApportionment of DisabilityLoss of Wage-Earning CapacityPermanent Partial DisabilityMedical Impairment RatingContinuing JurisdictionReclassification of InjuryBack Injury ClaimNeck Injury ClaimSpecial Fund for Reopened Cases
References
7
Case No. NO. 03-06-00631-CV
Regular Panel Decision
Mar 26, 2009

Samuel Campos v. Texas Property & Casualty Insurance Guaranty Association for Reliance National Indemnity Company, an Impaired Carrier

Samuel Campos, an employee, was injured on the job, leading to disputes over his impairment rating and reimbursement for travel expenses. The Texas Workers’ Compensation Commission affirmed a designated doctor's 6% impairment rating and denied travel expenses, which Campos challenged in court. The case involved the Texas Property & Casualty Insurance Guaranty Association (TPCIGA) because Campos's employer's insurer became impaired. Initially filed in Winkler County, the case was transferred to Travis County, where TPCIGA was granted summary judgment. The Third District Court of Appeals reversed the summary judgment, ruling that the Workers' Compensation Act's specific mandatory venue provision, which places venue in the county of the employee's residence at the time of injury (Winkler County), overrides the Guaranty Act's general venue provision, which would place it in Travis County. The court remanded the case with instructions to transfer it to Winkler County.

Workers' CompensationVenue DisputeMandatory VenueStatutory ConstructionTexas Labor CodeTexas Insurance CodeImpairment RatingTravel Expenses ReimbursementJudicial ReviewAppellate Procedure
References
12
Case No. MISSING
Regular Panel Decision

Texas Mutual Insurance Co. v. Boetsch

Ralf G. Boetsch suffered a compensable neck and back injury in 2003 while employed, with Texas Mutual Insurance Company acting as the workers' compensation carrier. A designated doctor initially assigned Boetsch a 36% impairment rating, based on both his neck and back injury and a seizure disorder, utilizing specific advisories from the Texas Department of Insurance, Division of Workers’ Compensation. Texas Mutual disputed the validity of these advisories and the compensability of the seizure disorder. The appellate court reversed the trial court's judgment regarding the impairment rating, ruling the Division's advisories invalid and rendering Boetsch's impairment rating at 27%. The court also affirmed that Texas Mutual was not entitled to a jury trial on attorney's fees but remanded the issue of attorney's fees to the trial court for apportionment due to the partial reversal.

Workers' CompensationImpairment RatingSeizure DisorderSpinal Fusion SurgeryAttorney's FeesJudicial ReviewTexas Labor CodeAMA GuidesDivision AdvisoriesCompensability
References
13
Case No. 2022-07-0638
Regular Panel Decision
Sep 05, 2024

Booker, Veatrice v. US Farathane

Employee Veatrice Booker appealed a trial court's decision denying permanent partial disability benefits following a work-related fall that caused neck, shoulder, and back injuries. The employer, US Farathane, acknowledged the accident's compensability and provided medical care. While the authorized spine specialist, Dr. John Brophy, found no permanent medical impairment, another physician, Dr. Samuel Chung, assigned a 12% impairment rating for a lumbar disc injury. The trial court accepted Dr. Brophy's opinion, ruling that Booker did not prove permanent disability but was entitled to future medical care for her neck and back. The Appeals Board affirmed the trial court's order, concluding that Booker failed to overcome the presumption of correctness afforded to the authorized treating physician's zero percent impairment rating.

Workers' Compensation Appeals BoardPermanent Partial Disability BenefitsMedical Impairment RatingMaximum Medical ImprovementAuthorized Treating Physician's OpinionPresumption of Correctness of Medical OpinionConflicting Expert Medical TestimonySpine and Neck InjuriesWork AccidentTrial Court Affirmation
References
6
Case No. MISSING
Regular Panel Decision

Perry v. Sentry Insurance Co.

This case concerns the apportionment of a workers’ compensation award for permanent total disability between an employer’s insurer and the Second Injury Fund in Tennessee. The employee, Roger Perry, sustained previous non-work-related neck injuries and a work-related leg injury, followed by a subsequent work-related neck injury in May 1993 that rendered him permanently and totally disabled. The central legal question was whether Tenn.Code Ann. § 50-6-208(a) or (b) should apply for liability apportionment. The Supreme Court affirmed the trial court's application of section (a), ruling that the employer's insurer is liable for 50% of the award and the Second Injury Fund for the remaining 50%, but clarified that payments from the Second Injury Fund should only commence after the employer's payments are completed.

Workers' Compensation LawPermanent Total DisabilitySecond Injury FundApportionment of LiabilityPrior InjuriesSubsequent InjuryStatutory ConstructionTennessee Supreme CourtVocational DisabilityMedical Impairment
References
12
Case No. 10-93-224-CV
Regular Panel Decision
May 18, 1994

Subsequent Injury Fund of the State of Texas (Formerly the Second Injury Fund) v. Larry Milligan

The Subsequent Injury Fund appeals a judgment awarding Larry Milligan lifetime benefits for injuries sustained at work. Milligan suffered two ankle injuries in 1987 and a third in 1989, leading to the total loss of use of both feet. He sued the Fund for lifetime benefits after settling with the workers' compensation carrier. The jury found permanent, total loss of use of both feet. The Fund challenged its statutory liability for lifetime benefits and the court's refusal to submit a jury question on total and permanent incapacity. The appellate court affirmed, finding the first issue unpreserved and the second resolved by a statutory conclusive presumption of total and permanent incapacity for the loss of both feet.

Workers' Compensation LawSubsequent Injury FundLifetime BenefitsTotal Permanent IncapacityAnkle InjuriesStatutory InterpretationAppellate ReviewJury InstructionsConclusive PresumptionOccupational Injuries
References
6
Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
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