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

Case No. 2016-06-0912
Regular Panel Decision
Oct 20, 2016

Lee, Justin v. Western Plastics

This interlocutory appeal concerns an employer's challenge to a trial court's finding that an employee's recurrent shoulder dislocations and need for surgery were causally related to a compensable work injury. The employee, Justin Lee, suffered an initial work-related shoulder dislocation and underwent surgery. He subsequently experienced multiple dislocations of the same shoulder while away from work. The trial court concluded there was sufficient evidence to establish a causal link between the subsequent dislocations and the original injury, ordering ongoing medical benefits. The Appeals Board affirmed the trial court's decision, determining that the medical records, taken as a whole, supported the causal relationship and that the employee's subsequent actions did not constitute negligent intervening conduct. The case has been remanded for further proceedings.

Workers' CompensationShoulder InjuryRecurrent DislocationCausationIntervening EventMedical BenefitsSurgery RecommendationTrial Court AffirmationRemandEmployee Negligence
References
6
Case No. MISSING
Regular Panel Decision
Feb 27, 1981

France v. American Indemnity Co.

James Craig France sued American Indemnity Company for medical expenses under a worker's compensation settlement after suffering a shoulder dislocation. Despite a compromise agreement to cover future expenses from a 1975 injury, American Indemnity refused payment for surgery following a later dislocation in 1977, attributing it to a new injury. A jury found the expenses stemmed from the 1975 injury. The Supreme Court reversed the lower courts' take-nothing judgment, awarding France $2,192.10 for medical expenses and remanding the issue of attorney's fees for further proceedings, finding a breach of the settlement agreement.

Worker's CompensationBreach of ContractCompromise Settlement AgreementMedical ExpensesShoulder InjuryAffirmative DefensesAttorney's FeesPresentment of ClaimJury FindingsAppellate Review
References
8
Case No. 2014-05-0033
Regular Panel Decision
Feb 19, 2015

Haynes, Emily v. DCI Donor Services

Employee Emily Haynes filed a Request for Expedited Hearing seeking temporary disability and medical benefits for a dislocated left kneecap sustained at work. The employer, DCI Donor Services, and its carrier, The Hartford, contended the injury was idiopathic due to Ms. Haynes' two prior left-knee dislocations and the absence of a specific work-related hazard. The Court reviewed the evidence and applicable law, including relevant Tennessee Code Annotated sections and case precedents on causation and idiopathic injuries. The Court ultimately found that Ms. Haynes failed to establish that her injury arose primarily out of her employment, concluding it was idiopathic in nature. Consequently, her request for medical and temporary disability benefits was denied, and the matter was set for an Initial Hearing.

Expedited HearingKnee DislocationIdiopathic InjuryMedical Benefits DenialTemporary Disability DenialCausation in Workers' CompPre-existing ConditionsEmployee Burden of ProofTennessee Workers' Compensation LawDCI Donor Services
References
4
Case No. 2017-06-0413
Regular Panel Decision
Jun 07, 2017

Foriest, James v. UPS

James Foriest, a UPS employee, sought medical treatment and temporary disability benefits for a dislocated right knee patella sustained during a work break. The Court determined the injury occurred in the course and scope of his employment but found it did not primarily arise out of his employment. Despite a medical opinion linking the injury to his work, the Court noted that an injury from merely walking on level ground is generally not compensable without an additional employment hazard. Consequently, the Court denied Mr. Foriest's request for benefits, scheduling a further hearing.

Knee InjuryPatellar DislocationMedical BenefitsTemporary Disability BenefitsEmployment CausationCourse of EmploymentScope of EmploymentExpedited HearingDelivery Driver InjuryPersonal Comfort Doctrine
References
10
Case No. 2018-02-0219
Regular Panel Decision
Jul 05, 2018

Linnen, Carrie v. Country Club of Bristol

Ms. Carrie Linnen, an employee of Country Club of Bristol, suffered a left patella dislocation in 2014, leading to extensive treatment by Dr. John Testerman, including surgery. Despite this, she continued to experience significant pain and instability. After referring her for a second opinion and then declaring he had "nothing further to offer," Dr. Testerman's statements prompted Ms. Linnen to seek a new physician panel. The Court, finding Dr. Testerman unable and unwilling to treat her ongoing complaints, ruled in favor of Ms. Linnen, ordering Country Club of Bristol to provide her with a new panel of orthopedic surgeons.

Medical BenefitsPhysician PanelExpedited HearingPatella DislocationOrthopedic SurgeonsTreating PhysicianMedical Treatment DisputeMaximum Medical Improvement (MMI)Recurrent SymptomsWorkers' Compensation Claims
References
2
Case No. MISSING
Regular Panel Decision

Claim of Stilwell v. Marriott

The case involves an appeal from a Workers' Compensation Board decision regarding a claimant's work-related hip injury. The claimant sought authorization for hip replacement revision surgery due to recurring dislocations. The employer and its workers' compensation carrier opposed the request, arguing a lack of causal relationship and failing to provide conflicting medical evidence as required by Workers’ Compensation Law § 13-a (5). The Workers’ Compensation Law Judge and subsequently the Board authorized the surgery, finding the employer failed to comply with the statute. The employer's appeal, which also raised a due process argument, was ultimately affirmed.

Hip InjuryRevision Surgery AuthorizationCausal Relationship DisputeWorkers' Compensation Law § 13-a (5)Medical Evidence RequirementEmployer Non-complianceDue Process AppealWorkers' Compensation Board DecisionAppellate Division AffirmationTreating Physician Recommendation
References
3
Case No. 2014-05-0005
Regular Panel Decision
Aug 25, 2015

Willis, Joseph Kolby v. All staff

Joseph Kolby Willis, an employee of All Staff, suffered a left knee injury on July 30, 2014, while working in a confined space. He was tying baling wire on a machine and twisted his body while rising from a squatting position, dislocating his kneecap. The court found that the work environment constituted a special employment hazard and was the sole cause of his injury. Consequently, the court deemed the injury compensable, ordering All Staff to provide continued medical care with Dr. David Moore and pay temporary partial disability benefits totaling $10,620.26 for the period from August 14, 2014, to May 1, 2015.

Workers' CompensationKnee InjuryPatellar DislocationTemporary Partial DisabilityMedical BenefitsCompensabilitySpecial HazardCausationTennessee LawMedical Causation
References
16
Case No. 2014-05-0005
Regular Panel Decision
Nov 09, 2015

Willis, Joseph v. All Staff

The employee, Joseph Kolby Willis, dislocated his kneecap at work. The employer, All Staff, denied the claim, asserting the injury was idiopathic. Initially, a trial court denied benefits, but later, after a compensation hearing, found the injury compensable and awarded medical treatment and disability benefits. The employer appealed to the Workers’ Compensation Appeals Board. The Appeals Board reversed the trial court's decision, ruling that the medical evidence was insufficient to establish that the employment contributed more than fifty percent to the injury, especially considering the employee's pre-existing knee conditions and the medical expert's speculative testimony. The case was remanded for dismissal of the claim.

Workers' Compensation AppealKnee InjuryPatellar DislocationMedical CausationPre-existing ConditionIdiopathic InjuryArising out of EmploymentCourse of EmploymentMedical Expert TestimonyBurden of Proof
References
19
Case No. MISSING
Regular Panel Decision

Joseph Saint v. Syracuse Supply Company

Plaintiffs Joseph and Sheila Saint challenged the dismissal of their claims arising from work-related injuries Joseph Saint suffered installing a billboard advertisement. Saint fell from a catwalk, sustaining a dislocated shoulder and herniated discs, after detaching his lanyard. The court addressed whether Saint's work constituted an "alteration" under Labor Law § 240 (1), distinguishing it from routine maintenance. It concluded that installing custom-made wooden extensions, which changed the billboard's dimensions, was a significant physical change, thus qualifying as an alteration. Consequently, the Appellate Division's decision to dismiss the claims was reversed, and defendant's motion for summary judgment was denied.

Labor Law § 240 (1) alterationScaffolding safety railConstruction workBillboard advertisement installationElevation-related risksNondelegable dutyAbsolute liabilityProximate causeRoutine maintenance distinctionSignificant physical change
References
19
Case No. 2016-03-0991
Regular Panel Decision
Jun 23, 2017

Soles, wesley v. Kirkland's Pest Control

Mr. Soles, a pest control technician, claimed a left knee injury on August 30, 2016, while descending stairs and carrying insecticide for Kirkland's Pest Control. He reported a 'pop' and 'gush of pain' but denied stumbling or any defects in the stairs. He had a pre-existing gout condition in the same knee. Medical evaluations, including an MRI recommended by Dr. Rick Parsons, revealed a patellar tendon tear. Kirkland's denied the claim, citing an idiopathic incident and pre-existing condition. The court found that Mr. Soles did not establish that a condition or hazard incident to his employment caused or exacerbated his injuries, denying his claim for temporary disability and medical benefits.

Workers' CompensationExpedited HearingIdiopathic InjuryPre-existing ConditionKnee InjuryPest Control TechnicianGoutPatellar Tendon TearBurden of ProofArising Out of Employment
References
16
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