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

Case No. 04-09-00148-CV
Regular Panel Decision
Dec 09, 2009

What Happened in Felix vs. Weber Metals Reconsideration?

Central Texas Orthopedic Products, Inc. (CTOP) sued Andrew Espinoza for breach of contract and fiduciary duty, and Howmedica Osteonics Corp. d/b/a Stryker Orthopedics (Stryker) for tortious interference. The trial court granted partial summary judgment for Espinoza and Stryker, and a jury found Espinoza breached fiduciary duty but awarded no damages. On appeal, CTOP challenged the summary judgments and attorney's fees awarded to Espinoza. The appellate court found the trial court erred in applying the unclean hands doctrine to CTOP's claims as the alleged misconduct was separate from the disputed contract. The court also found a genuine issue of material fact regarding Espinoza's entitlement to compensation due to his alleged breach of fiduciary duty. Therefore, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Breach of ContractBreach of Fiduciary DutyTortious InterferenceSummary JudgmentUnclean Hands DoctrineNon-Compete AgreementCompensation AgreementTexas Payday ActAppellate ReviewReversed and Remanded
References
15
Case No. 2015-08-0106
Regular Panel Decision
Sep 24, 2015

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

Sarah Kaye Mcintosh, an employee, filed a claim alleging wrist injuries from her work at Randstad. Randstad, the employer, filed a motion to terminate benefits, arguing the claim was not compensable. The Court previously ordered Randstad to provide a panel of orthopedic surgeons and pay temporary disability benefits. Although Ms. Mcintosh selected Dr. Cannon, an orthopedic surgeon, she was instead seen by Dr. Alday, an occupational medicine physician, who opined her injury was not work-related. The Court found Dr. Alday was not an authorized treating physician as Dr. Cannon declined to treat Ms. Mcintosh directly. Therefore, Dr. Alday's opinion on causation did not carry a presumption of correctness. The Court denied Randstad's motion, ordered the continuation of temporary partial disability benefits, and mandated Randstad to provide a new panel of orthopedic surgeons to Ms. Mcintosh.

Workers' CompensationExpedited HearingBenefit TerminationOrthopedic SurgeonOccupational MedicineCausationMedical PresumptionPanel of PhysiciansTemporary Disability BenefitsCarpal Tunnel Syndrome
References
1
Case No. 2023 NY Slip Op 23398 [81 Misc 3d 21]
Regular Panel Decision
Nov 30, 2023

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

Plaintiff, Associated Plastic Surgeons & Consultants, P.C., filed a commercial claims action against Global Commodities, Inc. for $5,000 for unpaid medical services provided to an alleged employee. Plaintiff claimed defendant agreed to pay privately. The District Court dismissed the action after excluding a document detailing telephone conversations, which plaintiff argued was admissible under the business records exception or relaxed commercial claims evidence rules. The Appellate Term affirmed the dismissal, ruling that plaintiff failed to prove the patient was injured during employment or that the document was admissible as a business record, thus failing to establish defendant's liability for the medical bill. The court emphasized that while commercial claims courts are not bound by strict evidence rules, judgments cannot rest solely on hearsay.

Commercial claimsMedical servicesUnpaid billsBusiness records exceptionHearsayEvidence rulesEmploymentWorkers' Compensation LawAppellate reviewSubstantial justice
References
10
Case No. 13-13-00552-CV
Regular Panel Decision
Feb 12, 2015

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

Nolana Open MRI Center, Inc. appealed a judgment rendered against it following a bench trial. The appellees, Guillermo R. Pechero, M.D., Ruben D. Pechero, M.D., and Maplestar Orthopedics, P.A., filed a motion to show authority, contending Nolana's counsel lacked the authority to bring the appeal. The underlying dispute involved the sale of Nolana's assets, patient referrals, lease agreements, and counterclaims for fraudulent inducement, conversion, and breach of contract. A key issue was a 50-50 ownership split in Nolana between Jose Castro and Agustin Garcia, where Castro had settled with defendants and granted them limited power of attorney to oppose litigation, while Garcia sought to authorize the appeal. The Court of Appeals, reviewing the trial court's findings, concluded that Nolana's counsel lacked standing due to the unresolved ownership conflict regarding the authority to initiate the appeal.

Appellate ProcedureJurisdictionMotion to Show AuthorityCorporate AuthorityShareholder DisputeLimited Power of AttorneyBreach of ContractTheft Liability ActFraudulent InducementTortious Interference
References
30
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

Plaintiff appealed a Supreme Court order which granted defendant's motion for summary judgment, dismissing her personal injury complaint. The case arose from an August 1998 car accident where plaintiff sustained injuries. She alleged serious injury to her back, neck, chest, and right shoulder under Insurance Law § 5102 (d). The defendant's motion for summary judgment was based on an orthopedic surgeon's report finding only temporary impairment. Plaintiff opposed with her own orthopedic surgeon's affirmation diagnosing impingement syndrome and fibromyalgia with a permanent partial disability. The appellate court affirmed the dismissal, ruling that plaintiff failed to present sufficient objective medical evidence quantifying the limitations to meet the serious injury threshold under the no-fault law.

Personal InjuryMotor Vehicle AccidentSerious Injury ThresholdSummary JudgmentAppellate ReviewNo-Fault LawPermanent Consequential LimitationObjective Medical FindingsImpingement SyndromeFibromyalgia
References
9
Case No. MISSING
Regular Panel Decision
Apr 09, 1997

What Were the Key Rulings in Torrez vs. SuperShuttle?

The claimant appealed a decision by the Workers' Compensation Board (WCB) that found no causally related disability during the period of April 10, 1995, to June 17, 1996. The claimant had sustained a back injury in 1990, followed by surgery in 1994, and later developed a left knee injury, leading to surgery in February 1995. A Workers' Compensation Law Judge initially awarded benefits for reduced earnings, but the WCB modified this, concluding there was no causally related disability. The appellate court affirmed the WCB's decision, citing testimony from orthopedic surgeon Roy Wert that the claimant could return to work without restrictions by April 1995. Another orthopedic surgeon, George Fuksa, opined that the knee injury was preexisting and not a result of the back surgery.

Workers' CompensationCausally Related DisabilityBack InjuryKnee InjuryMedical OpinionOrthopedic SurgeonReduced EarningsAppellate ReviewSubstantial EvidencePreexisting Injury
References
1
Case No. MISSING
Regular Panel Decision

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

Petitioner, a State Police investigator, sought disability retirement benefits due to a left shoulder injury sustained in 2003 and 2008, claiming permanent incapacitation. The application was initially denied, and this denial was upheld after a hearing, concluding that the petitioner failed to establish permanent incapacity. The respondent affirmed this determination, leading to a CPLR article 78 proceeding. The court confirmed the determination, citing the lack of permanency findings in the petitioner's medical records and expert opinions from a neurologist and orthopedic surgeon who found no permanent disability. The orthopedic surgeon suggested the condition, diagnosed as chronic regional pain syndrome, was a temporary total disability that could improve with aggressive physical therapy. Consequently, the respondent's determination was supported by substantial evidence, and the petition was dismissed.

State PoliceDisability Retirement BenefitsPermanent IncapacityShoulder InjuryMedical RecordsNeurologist OpinionOrthopedic Surgeon OpinionChronic Regional Pain SyndromeTemporary Total DisabilityCPLR Article 78
References
5
Case No. MISSING
Regular Panel Decision

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

Claimant, a retired bus driver, sought workers' compensation benefits for an occupational disease involving repetitive stress injuries to his knees. A Workers’ Compensation Law Judge initially disallowed the claim, crediting orthopedic surgeon Pierce Ferriter's opinion that the knee condition was not work-related. The Workers’ Compensation Board later reopened the record, leading to a new independent medical examination by orthopedic surgeon Carl Wilson, who also found no causal link; the WCLJ again disallowed the claim, which the Board affirmed. On appeal, the court reversed the Board's decision, finding that it was based on an inaccurate reading of MRI results and conflicting medical opinions regarding the extent of injury to the claimant's knees. The matter was remitted to the Workers’ Compensation Board for further proceedings consistent with the Court's decision.

Occupational DiseaseKnee InjuryRepetitive StressIndependent Medical ExaminationCausationMedical EvidenceMRI InterpretationAppellate ProcedureBoard ReversalRemand
References
2
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Thomas J. Garcia, an employee, was found totally and permanently incapacitated due to a back injury sustained on August 25, 1976, during his employment. Transport Insurance Company, the compensation carrier, appealed this judgment, challenging the sufficiency of evidence for permanent incapacity. Despite returning to light duty and then full release, Garcia testified to ongoing pain, muscle spasms, and difficulty with heavy lifting, corroborated by his friend Frank Trevino and orthopedic surgeon Dr. Robert J. Kilian, who noted Garcia's limited work performance. The appellate court considered both supporting and conflicting evidence, including a supervisor's testimony of Garcia working without complaints and findings from another orthopedic surgeon. Ultimately, the court affirmed the jury's finding, concluding it was not against the great weight and preponderance of the evidence.

Workers' CompensationPermanent DisabilityTotal IncapacityBack InjuryLumbosacral SprainMedical TestimonyLay Witness TestimonySufficiency of EvidenceAppellate ReviewJury Verdict
References
6
Case No. 2022-07-0138
Regular Panel Decision
Feb 12, 2024

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

Mr. Charles Hepner, an employee, sought permanent disability benefits for neck and low back injuries sustained in February 2021 while working for MC Produce, LLC. He initially claimed permanent total disability or extraordinary benefits, but the Court denied these claims. The case involved conflicting impairment ratings from three physicians: Dr. Kyle Stephens (orthopedic surgeon, 2%), Dr. Jacob Schwarz (neurosurgeon, 25% for cervical spine), and Dr. James Wiesman (orthopedic surgeon, 3% for lumbar spine). The Court accredited Dr. Schwarz's 25% rating for the cervical spine and Dr. Wiesman's 3% rating for the lumbar spine, totaling a 27% permanent partial disability. Applying multipliers for not returning to work and age, Mr. Hepner was awarded $91,250.39 in benefits. The Court denied the education multiplier and dismissed the claim against the Subsequent Injury Fund. Future medical benefits were granted with Dr. Stephens designated as the treating physician.

Workers' CompensationPermanent Partial DisabilityCervical Spine InjuryLumbar Spine InjuryImpairment RatingMedical Expert TestimonyTennessee LawIncreased BenefitsNeurosurgeon EvaluationOrthopedic Surgeon Evaluation
References
5
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