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

Case No. No. M2018-01696-COA-R3-CV; No. 15-4-IV
Regular Panel Decision
Dec 07, 2020

American Board of Craniofacial Pain v. American Board Of Orofacial Pain

This case involves an appeal concerning a failed merger between two professional dental associations, American Board of Craniofacial Pain (ABCP) and American Board of Orofacial Pain (ABOP). ABCP sued ABOP, alleging a breach of an agreement to merge formed through email exchanges and seeking specific performance and damages. The Chancery Court for Davidson County granted summary judgment to ABOP, finding no meeting of the minds and thus no enforceable contract. The Court of Appeals of Tennessee affirmed this decision, concluding that the parties’ objective manifestations showed a lack of mutual assent because an essential term (disposition of intellectual property) was not agreed upon and they intended to reduce the agreement to a formal Memorandum of Understanding, which was never finalized. The court also agreed that specific performance was not an available remedy due to the incompleteness of the purported contract.

Contract DisputeMerger NegotiationsCorporate MergerDental ProfessionMutual AssentSpecific Performance DenialSummary Judgment AffirmationTennessee Court of AppealsContract FormationLack of Agreement
References
26
Case No. 2018-02-0048
Regular Panel Decision
Jul 27, 2018

Morrison, Leonard v. Walmart

Leonard Morrison, a Walmart loader, sustained a back injury on September 2, 2017, leading to light-duty restrictions from Greeneville Urgent Care and Dr. Nicholas Grimaldi. Despite Walmart offering alternative duty, Morrison alleged violations of his restrictions and insufficient work hours, while supervisors claimed he unilaterally violated restrictions and took unexcused absences. Morrison's request for a leave of absence due to pain was denied by Walmart, citing a lack of medical proof, resulting in his termination for not calling in during the pending leave period. He sought temporary disability benefits, arguing Walmart's non-compliance and his pain-induced inability to work full-time. The Court ultimately denied Morrison's request, finding insufficient evidence to prove entitlement to either temporary total disability, due to the absence of expert medical opinion, or temporary partial disability, as his self-limited hours and failure to adhere to company policy justified his termination.

Temporary Disability BenefitsBack InjuryWork RestrictionsUnexcused AbsencesTerminationMedical OpinionCausal ConnectionWorkplace RulesExpedited HearingWorkers' Compensation Claims
References
3
Case No. MISSING
Regular Panel Decision

Donaldson v. Texas Department of Aging & Disability Services

David Donaldson appealed a trial court's summary judgment in favor of the Texas Department of Aging and Disability Services (DADS) on claims of race and disability discrimination, retaliation, and hostile work environment under the TCHRA and Title VII. Donaldson, an African-American employee diagnosed with multiple conditions including prostate cancer and PTSD, alleged DADS failed to accommodate his disabilities and discriminated against him through various adverse actions, culminating in his termination. The appellate court affirmed the summary judgment for DADS on the race discrimination, retaliation, and hostile work environment claims, finding insufficient evidence of discriminatory intent or materially adverse actions in those areas. However, the court reversed and remanded the reasonable accommodation claim, concluding that Donaldson presented a fact issue regarding DADS's failure to provide continued assistance for his disabilities despite initial accommodations. This decision partially reverses the trial court's judgment, necessitating further proceedings on the reasonable accommodation aspect of the disability discrimination claim.

DiscriminationRetaliationHostile Work EnvironmentDisability DiscriminationRace DiscriminationReasonable AccommodationSummary JudgmentTexas Commission on Human Rights ActTitle VIIEmployment Law
References
83
Case No. MISSING
Regular Panel Decision
Aug 16, 1982

Claim of Munkelwitz v. New York Telephone Co.

The employer appealed a Workers' Compensation Board decision that granted disability benefits to the claimant for a period in early 1980. The employer contended there was no record support for the claimant's inability to work during that time. However, medical testimony showed the claimant's knee had limited flexibility, pain, and swelling. The claimant also testified to severe pain, swelling without elevation, and an inability to drive or use public transport to work. This evidence was found to provide ample support for the Board's finding of the claimant's work disability due to a knee injury. The decision of the Workers' Compensation Board was affirmed.

Disability BenefitsKnee InjuryMedical TestimonyInability to WorkAppellate ReviewWorkers' Compensation AppealPain and Swelling
References
0
Case No. 2015-03-0899
Regular Panel Decision
Jul 06, 2016

Spencer, Gerald v. National State Park Concession d/b/a Cades Cove Riding Stables

Employee Gerald Spencer sought temporary disability and medical benefits for alleged right knee and hip/back injuries from an August 1, 2015, work incident at National State Park Concession d/b/a Cades Cove Riding Stable. The court found proper notice of the injury but denied knee-related benefits, as Mr. Spencer failed to present medical evidence refuting Dr. Harrison's opinion that the work injury contributed less than 50% to his pre-existing knee problems. Conversely, the court granted Mr. Spencer medical treatment for his right hip/back/myofascial pain, as the employer did not refute Dr. Harrison's finding linking it to the work injury. However, temporary disability for hip/back/myofascial pain was denied due to lack of medical proof of inability to work. The matter is set for an Initial (Scheduling) Hearing on September 7, 2016.

Workers' CompensationExpedited HearingKnee InjuryHip InjuryMyofascial PainCausationNotice of InjuryPre-existing ConditionMedical BenefitsTemporary Disability
References
1
Case No. 2019-01-0630
Regular Panel Decision
Oct 28, 2020

Ferguson, Anne Michelle v. Amazon.com, Inc.

Anne Michelle Ferguson, an Amazon employee, sought permanent total disability and medical benefits for complex regional pain syndrome (CRPS) after injuring her left foot at work in October 2017. Amazon contended that benefits should be limited to a foot contusion and sought a credit for overpayment of temporary partial disability benefits. The Court weighed competing medical expert opinions, ultimately giving greater weight to Dr. Dreskin's diagnosis of compensable CRPS. Consequently, the Court awarded Ms. Ferguson permanent partial disability benefits of $8,858.13 and ongoing medical benefits, including access to a panel of CRPS specialists. However, her claim for permanent total disability was denied as she was deemed capable of sedentary work, and Amazon received a credit for previously overpaid temporary benefits.

Workers' CompensationPermanent Partial DisabilityComplex Regional Pain Syndrome (CRPS)Medical BenefitsVocational DisabilityMaximum Medical Improvement (MMI)Temporary Partial DisabilityPain ManagementMedical Expert TestimonyFoot Injury
References
5
Case No. 08-23-00177-CV
Regular Panel Decision
Aug 30, 2024

Texas Department of Aging and Disability Services v. Claudia Gomez

The Texas Department of Aging and Disability Services (DADS) terminated Claudia Gomez, alleging she physically assaulted a coworker; Gomez contended the termination was discriminatory based on age, gender, and disability. The trial court denied DADS's plea to the jurisdiction regarding Gomez's discrimination claims. On appeal, the court found Gomez failed to present evidence of a similarly situated comparator, thus not establishing a prima facie case for age, gender, or disability discrimination. Furthermore, Gomez did not demonstrate that DADS's stated reason for termination was a pretext for discrimination. Consequently, the appellate court reversed the trial court's decision and dismissed Gomez's claims for lack of jurisdiction.

DiscriminationAge DiscriminationGender DiscriminationDisability DiscriminationEmployment LawTerminationPretextPrima Facie CaseSovereign ImmunityTexas Labor Code
References
30
Case No. MISSING
Regular Panel Decision

Smith v. Bayer Corp. Long Term Disability Plan

Plaintiff Terry Smith, a former Diabetes Sales Specialist for Bayer Corporation, filed an action under ERISA to recover long-term disability benefits, claiming wrongful denial due to psychiatric impairments including depression, panic disorder, and bi-polar disorder. The Plan administrator, Bayer, upheld the denial based on reviews by non-examining physicians. However, Smith's treating psychiatrists, Dr. LeBuffe and Dr. McCool, consistently found him disabled. The court found the Plan's reliance on non-examining doctors, who 'cherry-picked' medical records and distorted findings, to be arbitrary and capricious. Consequently, the court granted Smith's motion for benefits, denying Bayer's, and also awarded partial disability benefits, ruling that Smith's failure to seek rehabilitation approval was excused by the prior wrongful denial.

ERISALong-term disabilityDisability benefits denialPsychiatric impairmentDepressionPanic disorderBi-polar disorderAttention Deficit Disorder (ADD)Treating physician ruleArbitrary and capricious standard
References
26
Case No. MISSING
Regular Panel Decision

Matter of Paez v. Lackman Culinary Services

Claimant, an immigrant, injured his lower back while working as a food service worker in 2010. His workers' compensation claim was established, leading to surgery in 2012 for a herniated disc. Despite surgery, he continued to experience pain and was unable to return to his job. A WCLJ determined he had a permanent partial disability and an 80% loss of wage-earning capacity, which was affirmed by the Workers' Compensation Board. Claimant appealed, arguing the Board failed to consider total industrial disability, an issue he had raised before the WCLJ. The appellate court found that the Board did err by not addressing the total industrial disability claim and remitted the matter for further proceedings, as total industrial disability can have a more favorable outcome than loss of wage-earning capacity.

Permanent Partial DisabilityWage-Earning CapacityTotal Industrial DisabilityLumbar DiscectomyLaminectomyMedical ExaminationRemittalAppellate ReviewBack InjuryFood Service Worker
References
4
Case No. 2017-06-1187
Regular Panel Decision
Mar 13, 2018

Sweeney, Howard v. Jerry Carter, dba Carter Roofing

This case concerns Howard Swenney, an employee who suffered rib, lung, and spinal injuries after falling from scaffolding while working for Jerry Carter, an uninsured employer. Swenney was not immediately taken to a hospital but later sought medical attention for severe pain. After Carter failed to provide medical care or temporary disability benefits, Swenney filed a petition which led to the Bureau of Workers’ Compensation investigating Carter's lack of insurance. The Court granted Swenney's request for additional medical treatment to be provided by Mr. Carter and declared him eligible to seek benefits from the Uninsured Employers Fund. However, his request for temporary disability benefits was denied at this time due to a lack of expert medical proof regarding the duration of his disability.

Expedited HearingUninsured EmployerScaffolding AccidentSpinal InjuryRib InjuryLung InjuryTemporary DisabilityMedical BenefitsUninsured Employers FundWork-related Injury
References
2
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