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Case Law Database

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

Case No. 13-10-00554-CV
Regular Panel Decision
May 10, 2012

Commerce & Industry Insurance Company v. Kimberly Ferguson-Stewart

This case addresses whether a death resulting from an overdose of prescribed pain medication for an on-the-job injury is compensable by worker's compensation. Bruce Mason Stewart was injured at work and prescribed hydrocodone. He later died from a hydrocodone overdose. His widow, Kimberly Ferguson-Stewart, sought death benefits, which were initially denied by the Division of Worker's Compensation. A jury later found Stewart's death compensable, attributing the overdose to disorientation and memory loss caused by medication side effects rather than intentional non-compliance. The Court of Appeals affirmed the trial court's judgment, concluding there was sufficient evidence to support the jury's finding that Stewart's death was not solely caused by his intentional or knowing failure to comply with his doctor's instructions.

Workers' CompensationOverdose DeathCompensable InjuryMedical TreatmentPhysician InstructionsCausationAccidental OverdoseHydrocodone ToxicityDisorientationMemory Loss
References
21
Case No. WCK 059933
Regular
May 13, 2008

BART RICKMAN (Deceased), LUKE RICKMAN vs. C. OVERAA AND COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This case involved a claim for workers' compensation death benefits for Bart Rickman, who died from a drug overdose. The Appeals Board denied reconsideration of the WCJ's finding that Rickman's death did not arise out of or occur in the course of his employment. While Rickman sustained admitted industrial injuries, the evidence, particularly Dr. Allems's opinion, strongly indicated his death was from a recreational heroin overdose, not from prescribed medications for his work-related injuries. The Board found applicant failed to meet the burden of proving industrial causation for the death.

Workers' Compensation Appeals Boardindustrial injurydeath benefitscause of deathrecreational drug useheroin overdosepain managementmedical evidenceQualified Medical Examiner (QME)substantial evidence
References
6
Case No. 2017-05-0843
Regular Panel Decision
Feb 14, 2018

Creasman, Sherry v. Waves, Inc.

Ms. Sherry Creasman, an employee of Waves, Inc., sustained injuries including a head injury and post-traumatic stress disorder after a client assault. She subsequently sought psychiatric treatment and coverage for emergency hospitalization expenses resulting from an accidental medication overdose. Waves, Inc. contested the primary causation of her psychiatric condition and the work-relatedness of the overdose incident. The Court, after evaluating conflicting medical opinions and Ms. Creasman's credible testimony, determined that her need for psychiatric care and her hospitalization were direct and natural consequences of her original work injury. Consequently, the Court granted benefits, ordering Waves, Inc. to provide a panel of psychiatrists and cover all related medical expenses.

Workers' CompensationPsychiatric TreatmentPTSDMental InjuryCausationMedical ExpensesAccidental OverdoseEmployee AssaultExpedited HearingMedical Panel
References
6
Case No. ADJ1707650 (SAL 0075628)
Regular
Jun 20, 2011

KAREN CLARK (Deceased) JEFFREY J. CLARK(Dependent) vs. AIRBORNE EXPRESS/DHL, AMERICAN MANUFACTURER'S INSURANCE COMPANY/SEDGWICK CLAIMS MANAGEMENT SERVICES

The applicant sought reconsideration of a decision that barred their death benefit claim due to the statute of limitations. They argued that compensable consequence injuries should be treated as new injuries, with the date of knowledge of industrial causation being the relevant date. The Workers' Compensation Appeals Board granted reconsideration, adopting the judge's report, and amended the findings. The amended finding clarifies the injured worker's death from a Fentanyl overdose and asserts it was a compensable consequence of a prior industrial injury.

Workers' Compensation Appeals BoardDeath CaseLabor Code section 5406Compensable consequence injuriesStatute of limitationDate of knowledgeIndustrial injuryFentanyl overdosePetition for reconsiderationFindings and Order
References
0
Case No. ADJ7324566
Regular
Apr 09, 2013

BRANDON CLARK DECEASED, JOVELYN CLARK (WIDOW), GUARDIAN AD LITEM FOR JOANNA CLARK (MINOR CHILD), BRITTANY CLARK (MINOR CHILD), BENJAMIN CLARK (MINOR CHILD) vs. SOUTH COAST FRAMING, INC., REDWOOD FIRE AND CASUALTY COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board denied reconsideration of a death claim where the decedent, Brandon Clark, died from combined toxic effects of sedating drugs. The defense argued that industrially prescribed medications did not significantly contribute to the death, but the Board upheld the finding that the industrially prescribed amitriptyline was a contributing factor. The Board found ample evidence supported industrial causation, rejecting the defense's attempt to limit causation solely to non-industrial medications and their untimely raised claim of intentional overdose.

Death ClaimIndustrial InjuryReconsiderationWidows BenefitsMinor DependentsToxicologyDrug InteractionCausationExpert OpinionMedical Examiner
References
0
Case No. MISSING
Regular Panel Decision

Gedon v. University Medical Residents Services, P. C.

The claimant appealed a decision by the Workers’ Compensation Board denying death benefits for her deceased husband, an anesthesiology resident who died from a sufentanil overdose. The Board had ruled that his death did not arise out of and in the course of his employment. The claimant argued that the decedent's addiction was work-related due to job stress and access to narcotic drugs. However, the court affirmed the Board’s decision, finding no substantial medical evidence to specifically link the decedent's drug addiction and subsequent death to the conditions of his employment. The court noted the lack of a clear diagnosis and treating physician testimony to support the claim.

Workers' CompensationDeath BenefitsSubstance AbuseAnesthesiologyOccupational DiseaseMedical ResidencyCausationEmployment-Related InjuryDrug OverdoseAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Simpson v. H.D. Lee Co.

Dennis Simpson, an employee of H.D. Lee Company, died from an acetaminophen overdose three days after sustaining a work-related back injury for which he was prescribed pain medication. His widow, the Plaintiff, appealed the Chancellor's denial of workers' compensation benefits, arguing a causal link between the prescribed medication for the work injury and her husband's death. The Chancellor found no causal connection, concluding that Simpson did not adhere to medical instructions and likely ingested additional unprescribed acetaminophen. The appellate court affirmed, holding that the evidence preponderated against establishing a causal relationship between Simpson's death and his employment.

Workers' CompensationFatal OverdoseAcetaminophen ToxicityCausation DisputePrescription MedicationIndependent Intervening CauseLumbar SprainExpert Medical TestimonyAppellate AffirmanceTennessee Workers' Comp Law
References
4
Case No. M2011-00011-WC-R3-WC
Regular Panel Decision

Judy Kilburn v. Granite State Insurance Company

In this workers' compensation case, Charles Kilburn sustained work-related injuries and subsequently died due to an overdose of oxycodone combined with alcohol. His employer appealed a chancery court decision that found his death compensable. The Supreme Court reversed the judgment, concluding that Mr. Kilburn's failure to adhere to prescribed medication dosages and his consumption of alcohol constituted an independent intervening cause of death, thereby severing the causal link to his work injury. The court weighed expert medical testimony regarding pain, anxiety, and addiction, and found the evidence preponderated against the trial court's finding of compensability.

Workers' CompensationOverdoseOxycodone ToxicityAlcohol ConsumptionIndependent Intervening CauseCausationMedical Expert TestimonyAppellate ReviewPain ManagementNegligence
References
20
Case No. MISSING
Regular Panel Decision
Jul 20, 2006

In re Hailey W.

This is an appeal from a Family Court order in Steuben County entered July 20, 2006. The order adjudged respondent father, Robert W., neglected his children under Family Court Act article 10 and placed him under supervision. The father appealed the neglect finding, challenging the court's decision, despite a previous stipulation regarding the dispositional portion of the order. The appellate court affirmed the finding of neglect, rejecting the father's preclusion argument. Evidence showed the father abused drugs in front of his children, was hospitalized for an overdose, and admitted daily illegal drug use, which did not qualify for a statutory rehabilitative program exception.

Child NeglectFamily Court Act Article 10Parental RightsDrug AbuseAppellate ReviewPreponderance of EvidenceStipulationDispositional OrderFact-Finding HearingRehabilitative Program
References
8
Case No. M2008-02850-CCA-R3-CD
Regular Panel Decision
Dec 19, 2011

State of Tennessee v. Danita Lanette Wilson and Tiffany Nicole Norman

Danita Lanette Wilson and Tiffany Nicole Norman appealed their convictions for various drug-related and child neglect offenses. A child in Wilson's care overdosed on illicit drugs found in Wilson's known drug house, leading to aggravated child neglect charges. The appellate court upheld most convictions, including drug distribution and related charges for both defendants, and Wilson's child neglect convictions. However, the court reversed and dismissed Norman's child neglect convictions, citing insufficient evidence of her duty of care. The court also affirmed Wilson's lengthy sentence, remanding only for a minor judgment correction.

Child NeglectDrug DistributionControlled SubstancesAggravated Child NeglectConspiracy to Sell DrugsFelony ConvictionsMisdemeanor ConvictionsSentencing ReviewConsecutive SentencesExpert Medical Testimony
References
0
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