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

Case No. MISSING
Regular Panel Decision

Davis v. Reagan

This consolidated appeal addresses whether permanent total disability can be awarded in Tennessee when an anatomical disability rating is below 16.7 percent. The Supreme Court reconciles conflicting panel decisions, specifically overruling Seiber v. Greenbrier Industries, Inc. The court holds that the limitations outlined in Tenn.Code Ann. § 50-6-241, which apply to permanent partial disability awards, do not extend to permanent total disability claims. The decision affirms the trial courts' judgments, allowing individuals like Vernon Ray Davis and Bessie Lou Rayfield to receive permanent total disability benefits despite having anatomical impairment ratings under 16.7 percent.

Permanent Total DisabilityPermanent Partial DisabilityWorkers' Compensation ActAnatomical Impairment RatingStatutory InterpretationTennessee LawConsolidated AppealVocational DisabilityEmployee RetentionLegislative Intent
References
8
Case No. ADJ4213538 (SAC 292021)
Regular
Jun 19, 2009

MARGARET PERRIGO vs. NORTHERN CALIFORNIA ANGLER PUBLICATION, ARGONAUT INSURANCE COMPANY

This case concerns a dispute over the attorney's fee awarded to applicant's counsel. The initial award granted 15% of temporary disability indemnity and 12% of permanent disability indemnity. The lien claimant sought reconsideration, arguing for 15% of permanent disability indemnity. Following further reflection, the trial judge recommended granting reconsideration and remanding the attorney's fee issue for further proceedings. The Appeals Board granted reconsideration, affirmed the award regarding temporary disability, but deferred the issue of attorney's fees on permanent disability, reserving jurisdiction. Defendants are ordered to withhold 15% of permanent disability indemnity payments until the fee issue is resolved.

PerrigoNorthern California Angler PublicationArgonaut Insurance CompanyADJ4213538SAC 292021Opinion and Order Granting ReconsiderationDecision After ReconsiderationFarrell Fraulob and BrownWCJFindings and Award
References
0
Case No. MISSING
Regular Panel Decision

Linger v. Anchor Motor Freight, Inc.

Claimant sustained permanent partial disabilities from two 1977 accidents and one 1980 accident, leading to separate awards from different employers and their respective insurance carriers. Initially, the claimant received concurrent benefits exceeding the statutory maximum rate. Upon discovering these concurrent payments, a joint hearing was held. An Administrative Law Judge apportioned the award, which was subsequently affirmed by the Workers' Compensation Board, stating that concurrent awards exceeding the statutory maximum for a permanent partial disability were impermissible. The claimant appealed this decision, arguing for a per-accident application of the statutory maximum. However, the appellate court affirmed the Board's decision, asserting that the Workers' Compensation Law establishes an overall maximum rate for permanent partial disability regardless of the number of accidents or employments.

Permanent Partial DisabilityConcurrent AwardsStatutory MaximumApportionmentMultiple AccidentsWage LossJudicial PrecedentAdministrative Law JudgeWorkers' Compensation BoardInsurance Carriers
References
2
Case No. 2017-08-0024
Regular Panel Decision
Feb 19, 2020

Thomas, Alisha v. Federal Express Corp.

Alisha Thomas filed a Petition for Benefit Determination (PBD) seeking permanent total disability benefits or additional permanent partial benefits, which Federal Express Corp. disputed. The Court ruled that Ms. Thomas is entitled to increased permanent partial disability benefits under Tennessee Code Annotated section 50-6-207(3)(B) because she had not returned to work by the expiration of her initial compensation period, and her treating physician, Dr. Melvin Goldin, attributed her condition to the work injury at that time. However, the Court denied claims for additional benefits under section 50-6-242 and permanent total disability, as Dr. Goldin's later testimony revealed Ms. Thomas's condition had evolved beyond the initial somatic symptom disorder, and he could not definitively connect her advanced symptoms to the work injury at the time of the award. The awarded increased benefits totaled $3,379.01.

Permanent Partial DisabilitySomatic Symptom DisorderImpairment RatingRes JudicataMental Injury CompensabilityIncreased BenefitsSocial Security DisabilityTreating Physician TestimonyCausation StandardSettlement Agreement
References
5
Case No. MISSING
Regular Panel Decision
Dec 30, 2015

Matter of Curcio v. Sherwood 370 Management LLC

The claimant, a building engineer, sustained a work-related back and neck injury, initially classified as a permanent total disability by a Workers' Compensation Law Judge (WCLJ) with awarded counsel fees. The Workers' Compensation Board (Board) modified this, finding a permanent partial disability with a 90% loss of wage-earning capacity and reduced counsel fees due to an improperly completed application. The appellate court affirmed the Board's decision, citing substantial medical evidence supporting a partial disability and a 90% loss of wage-earning capacity based on the claimant's age, education, work history, and functional abilities. The court also upheld the reduction of counsel fees due to the attorney's failure to accurately complete the required fee application form.

Permanent Partial DisabilityWage-Earning Capacity LossWorkers' Compensation BenefitsCounsel FeesMedical EvidenceVocational FactorsOC-400.1 ApplicationAdministrative AppealAppellate DivisionMedical Impairment Guidelines
References
12
Case No. 2015-01-0149
Regular Panel Decision
Nov 04, 2016

Ringer, Lamar v. Welding Ceramics, Inc.

Lamar Ringer, a press operator, injured his neck, left shoulder, and arm at Welding Ceramics, Inc. on November 19, 2014. He sought treatment, including from orthopedic surgeon Dr. Jay E. Jolley, II, who diagnosed a large C5/C6 disc herniation and recommended surgery, which Ringer declined. Dr. Jolley rated Ringer's impairment at 6% to the whole body and released him to regular duty, but Ringer experienced increased pain upon returning to work. Another physician, Dr. Jerry L. Smith, rated Ringer's impairment at 10% and placed permanent restrictions. The court found Dr. Jolley's impairment rating methodology incorrect due to documented radicular symptoms and accepted Dr. Smith's 10% rating, awarding permanent partial disability benefits. The court denied additional temporary disability benefits, finding Ringer reached maximum medical improvement, and also denied his request for a new treating physician panel.

Permanent Partial DisabilityImpairment RatingAMA Guides Sixth EditionRadiculopathyDisc HerniationAuthorized Treating PhysicianRebuttal of PresumptionTemporary Disability BenefitsChange of Physician PanelFunctional Capacity Evaluation
References
9
Case No. ADJ6507437
Regular
Jan 16, 2014

JIMMY HORTON vs. GRANT COUNTY EXCAVATION, CYPRESS INSURANCE CO.

This case involves applicant Jimmy Horton's Petition for Reconsideration of a prior award concerning an industrial injury to his right shoulder and low back. The initial award found 15% permanent disability, with some apportionment to nonindustrial factors, and set attorney's fees at 15% of indemnity. Applicant sought reconsideration primarily because the dollar amount of permanent disability indemnity was not specified. The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award. This action was taken at the request of the WCJ to allow the parties to resolve the amount of permanent disability indemnity and attorney's fees at the trial level.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentAttorney FeesStipulationIndustrial InjuryEpidural Cortisone InjectionsFindings and AwardPetition for ReconsiderationReport and Recommendation
References
0
Case No. MISSING
Regular Panel Decision
Sep 03, 1979

Texas General Indemnity Co. v. McKay

This case involves an appeal by the defendant, Indemnity Company, after the trial court denied its motion for a new trial. A default judgment was entered against Indemnity Company in a workers' compensation case filed by plaintiff McKay, awarding total permanent disability and medical expenses. The defendant failed to appear for trial, leading to the default judgment on June 21, 1979. Indemnity Company's subsequent motions for a new trial were overruled by operation of law on September 3, 1979. The appellate court affirmed the trial court's decision, concluding that the defendant did not satisfy the legal requirements for setting aside a default judgment, specifically regarding the reasons for non-appearance, presenting a meritorious defense, and ensuring no prejudice to the plaintiff.

Default JudgmentMotion for New TrialWorkers' CompensationTotal Permanent DisabilityAppellate ProcedureMeritorious DefenseFailure to AppearJudicial DiscretionBurden of ProofAffidavit Evidence
References
11
Case No. ADJ4525074
Regular
Feb 13, 2015

TANYA TAYLOR vs. THE HOME DEPOT, LIBERTY MUTUAL INSURANCE COMPANY/HELMSMAN MANAGEMENT SERVICES LLC

This case concerns a petition for reconsideration by the defendant, The Home Depot, regarding an award of 100% permanent total disability to the applicant, Tanya Taylor. The defendant primarily contested the rate of permanent total disability indemnity benefits. The Appeals Board granted reconsideration to amend the original award, specifically to correct the indemnity rate to $202.90 per week. All other aspects of the original award, including the finding of 100% permanent total disability and the un-apportioned nature of the award, were affirmed.

Workers' Compensation Appeals BoardFindings of Fact and AwardAgreed Medical EvaluatorPanel Qualified Medical Evaluatorvocational rehabilitationpermanent total disabilityindemnity rateLabor Code section 4659(b)Labor Code section 4453(a)average weekly earnings
References
0
Case No. 2015-01-0429
Regular Panel Decision
Sep 25, 2018

Lamm, Terry v. E. Miller Construction, Inc.

Terry Lamm, an employee of E. Miller Construction, Inc. (EMC), filed a workers' compensation claim after sustaining a back injury while lifting an H-beam. EMC denied further medical treatment and temporary disability benefits, alleging willful misrepresentation of Lamm's spinal history and disputing causation. The Court rejected EMC's willful misrepresentation defense, finding no detrimental reliance on the inaccurate health questionnaire. The Court awarded Mr. Lamm permanent partial disability benefits totaling $41,393.97 and future medical benefits, determining that his injury and subsequent disability arose primarily out of and in the course and scope of employment. The decision was based on expert medical testimony, particularly Dr. Kennedy's opinion, which the Court found more credible given Lamm's consistent work history prior to the injury and his inability to work afterward.

Permanent Partial DisabilityMedical BenefitsWillful Misrepresentation DefenseCausationPre-existing Condition AggravationDegenerative Disc DiseaseLumbar Spine InjuryImpairment RatingTreating Physician OpinionEmployment-related Injury
References
7
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