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

Case No. 13-08-00351-CV
Regular Panel Decision
Aug 31, 2009

Mitch Burkhart and Christine Burkhart v. Sedgwick Claim Management Services, Inc. and Concentra Integrated Services, and rgv/nueces Rehabilitation D/B/A Innovative Physical and Occupational Therapy

Mitch Burkhart sustained a foot and ankle injury while training for his employer, Verizon Communications. Verizon's workers' compensation claims were administered by Sedgwick Claim Management Services, Inc., who, along with Concentra Integrated Services, arranged a Functional Capacity Evaluation (FCE) for Burkhart with RGV/Nueces Rehabilitation d/b/a Innovative Physical and Occupational Therapy. The Burkharts alleged that the FCE aggravated Mitch's injury, causing permanent damage. They sued Sedgwick, Concentra, and Innovative, claiming negligence, civil conspiracy, assault, fraud, and breach of the duty of good faith and fair dealing. The trial court dismissed the case against Innovative for an inadequate expert report and granted summary judgment to Sedgwick and Concentra, citing the exclusive remedy provision of the Texas Workers' Compensation Act. The appellate court affirmed the trial court's judgment, concluding that Mitch's aggravation injury was an 'extension injury' covered by the exclusive remedy provision of the TWCA.

Workers' CompensationFunctional Capacity EvaluationExclusive RemedyAggravation InjurySummary JudgmentMedical Expert ReportHealth Care LiabilityCivil ConspiracyBreach of Duty of Good Faith and Fair DealingTexas Court of Appeals
References
23
Case No. MISSING
Regular Panel Decision
Feb 12, 1986

Claim of Mack v. County of Rockland

Claimant, a psychiatric social worker, alleged that prolonged exposure to cigarette smoke in her locked hospital unit caused eye irritation and an aggravation of pre-existing asymptomatic non-occupational binocular keratitissicca, constituting an occupational disease. Initially, a Workers' Compensation Law Judge found an occupational disease. However, the Workers' Compensation Board reversed this finding, determining that there was no distinctive feature of the claimant's employment that could have caused or aggravated the condition. The appellate court affirmed the Board's decision, concluding that no occupational disease claim could be sustained as the disability was not incident to the particular employment.

Occupational DiseaseSecondhand Smoke ExposureEye IrritationPsychiatric Social WorkerAggravation of Pre-existing ConditionWorkers' Compensation LawBoard ReversalAppellate ReviewDistinctive Feature of EmploymentBinocular Keratitissicca
References
1
Case No. MISSING
Regular Panel Decision

Gregg v. J.H. Kellman Co.

This worker's compensation case concerns an appeal from a Chancellor's decree denying benefits to a plaintiff suffering from hypertension. The plaintiff contended that the disease arose from or was aggravated by work-related stress as a supervisor. Medical experts, Dr. Maurice S. Goldman, Jr. and Dr. William Arnold, Jr., testified that the hypertension was pre-existing and hereditary, though possibly aggravated by work stress. Citing T.C.A., § 50-1101 and relevant precedents, the Court ruled that pre-existing conditions are not compensable as occupational diseases unless they originate from an employment risk. Consequently, the Court affirmed the Chancellor's decision, finding no compensable occupational disease or aggravation.

Worker's CompensationOccupational DiseaseHypertensionWork StressPre-existing ConditionAggravationCausationMedical TestimonyTennessee LawAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Arnold v. Firestone Tire & Rubber Co.

This worker's compensation case involves Mr. Arnold, who sought compensation for disability from allergic asthma and bronchitis, an occupational disease. The plaintiff's underlying condition was primarily attributed to his history of smoking, but the trial court found that it was significantly aggravated by the inhalation of various substances at the Firestone Plant where he worked for nearly 40 years. This aggravation led to a finding of permanent and total disability. The defendant appealed, arguing the condition was not work-related and only temporary. The appellate court affirmed the trial court's decision, emphasizing the principle that an employer is liable for disabilities resulting from the aggravation of a pre-existing condition brought about by occupation, even if the underlying condition was not initially work-related.

Worker's CompensationOccupational DiseaseAllergic AsthmaBronchitisAggravation of Pre-existing ConditionSmokingIndustrial ExposurePermanent DisabilityEmployer LiabilityCausation
References
5
Case No. MISSING
Regular Panel Decision

Claim of Holden v. Central Foundry Co.

The claimant, a 58-year-old foundry worker, developed emphysema after prolonged exposure to toxic fumes at work, leading to his collapse and subsequent partial disability in 1975. Conflicting medical opinions arose regarding the causal link between his occupational environment and the aggravation of a dormant lung condition. The Workers' Compensation Board initially found a causally related occupational disease, a decision later amended to specifically state that his employment aggravated a pre-existing dormant lung disease, causing disability. The employer and carrier appealed, arguing the Board did not decide on the preponderance of medical evidence. However, the court found substantial evidence in the record, particularly Dr. Miller's testimony, to support the Board's determination, thus affirming the decision.

Occupational diseaseEmphysemaToxic fumesFoundry workerCausationAggravation of pre-existing conditionMedical evidenceWorkers' Compensation BoardAppellate reviewDisability
References
0
Case No. MISSING
Regular Panel Decision

Claim of Di Nicola v. Crucible Steel, Inc.

Claimant Samuel Di Nicola became disabled from obstructive pulmonary disease, an occupational disease, as a result of his 11-year employment by the self-insured employer, Crucible Steel. He worked in conditions with poor ventilation and significant dust, leading to respiratory complaints that began in 1971. Medical experts, Dr. Enders and Dr. Sipple, diagnosed chronic obstructive pulmonary disease aggravated by industrial exposure, while Dr. Miller, initially skeptical, conceded a possible work-related link. The employer appealed the Workers’ Compensation Board's finding of occupational disease and continuing disability, arguing it was contrary to case law. The court affirmed the board's decision, finding its classification consistent with prior rulings and supported by substantial medical evidence that the work environment aggravated claimant's pre-existing bronchitis and asthma.

Occupational DiseasePulmonary DiseaseChronic Obstructive Pulmonary DiseaseIndustrial ExposureDust ExposureBronchitisAsthmaWorkers' CompensationMedical EvidenceDisability
References
8
Case No. MISSING
Regular Panel Decision

Vazquez v. Orange County Rehabilitation Center

Plaintiff's ward was allegedly sexually assaulted by defendant Lewis while engaged in piecework at a sheltered workshop operated by Occupations. Defendants Occupations and Lewis asserted workers' compensation coverage as affirmative defenses. The court held that claims occurring before July 22, 1989, when Mental Hygiene Law § 33.09 (c) excluded sheltered workshop participants from workers' compensation, are not subject to the defense. For claims after July 22, 1989, when the law was amended to allow coverage if elected, the issue of workers' compensation coverage is referred to the Workers' Compensation Board. Defendant Orange County Department of Mental Health's motion for summary judgment was granted due to lack of evidence linking them to the incident or supervision of Occupations.

sexual assaultsheltered workshopworkers' compensationsummary judgmentaffirmative defensestatutory constructionjurisdictionMental Hygiene Lawamendmentnegligence
References
11
Case No. MISSING
Regular Panel Decision
Feb 15, 2013

Claim of Storm v. Phillips Lighting Co.

The claimant, a machine operator, sustained a work-related right shoulder injury in 2002, leading to surgery in 2010 for a rotator cuff tear. An occupational physician, Michael Lax, diagnosed an occupational disease in November 2011, attributing it to repetitive arm motion. Subsequently, the claimant applied for workers\' compensation benefits in 2012. While a Workers’ Compensation Law Judge initially deemed the claim time-barred and related to the 2002 accident, the Workers’ Compensation Board reversed, establishing the claim. On appeal, the Board\'s determination was affirmed, with the court finding substantial evidence that the claim was timely filed due to the claimant\'s knowledge date in November 2011, and that the claimant suffered from a distinct occupational disease aggravated by her employment duties.

Workers\' CompensationOccupational DiseaseRepetitive Motion InjuryShoulder InjuryRotator Cuff TearTimeliness of ClaimDate of DisablementAggravationWorkers\' Compensation Board AppealAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Claim of McDonald v. Danforth

Claimant, a heavy construction worker, sustained a hand burn in August 1996, which led to the development of psoriasis affecting multiple body parts. His treating dermatologist determined the psoriasis was causally related to his employment due to aggravation from heavy tools and work. The employer contested this, but their expert's report, while noting genetic predisposition, conceded the possibility of work-related aggravation and onset after the burn. The Workers’ Compensation Board affirmed the finding of causal relationship and denied the employer's request for an adjournment for expert testimony. The appellate court affirmed the Board's decision, citing the presumption in favor of claimant's medical reports and finding no prejudice to the employer. The court also clarified that aggravation of a non-occupational condition can lead to benefits if a distinctive employment feature causes a new disability.

Workers' CompensationPsoriasisCausal RelationshipAggravation of Pre-existing ConditionMedical EvidenceAdjournment DenialExpert TestimonyWorkers' Compensation LawOccupational DiseaseAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Mack v. County of Rockland

The Workers' Compensation Board initially reversed an Administrative Law Judge's decision in favor of the claimant, a psychiatric social worker, who suffered an aggravation of a pre-existing eye disorder from cigarette smoke exposure at work. The Appellate Division affirmed the Board's decision, ruling that the claimant's condition was not an "occupational disease" under Workers' Compensation Law section 3 (2) as it existed at the time. The court emphasized that an occupational disease must arise from the inherent nature of the occupation itself, not merely from specific environmental conditions of the workplace. Since the injury was attributed to the workplace environment and not a distinctive feature of a psychiatric social worker's job, the Board had a valid legal basis to deny the claim. The court noted this claim predated a 1984 amendment to Workers' Compensation Law section 2 (15) and did not address the amendment's impact.

Occupational DiseaseWorkers' CompensationWorkplace EnvironmentPre-existing ConditionCausationAppellate ReviewStatutory InterpretationEye DisorderCigarette SmokeVentilation
References
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