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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

Claim of Milner v. Country Developers, Inc.

The Special Disability Fund appealed decisions by the Workmen’s Compensation Board which imposed liability on the Fund for a claimant's injuries. The Board found that the employer, Country Developers, continued to employ the claimant, a carpenter, with knowledge of his pre-existing permanent physical impairment, triggering liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. The claimant suffered a fracture of the nose and a hip dislocation in 1964, having a history of three ruptured disc surgeries and other conditions. The appeal centered on whether the employer had sufficient knowledge of the claimant’s permanent condition. Testimony from the employer’s foreman, Mr. Pahlck, indicated awareness of the claimant's back issues, including wearing a back brace and being favored by co-workers. The court affirmed the Board’s decision, reiterating that employer knowledge is a question of fact for the Board, and its findings, if supported by substantial evidence, will not be disturbed.

Workers' Compensation LawSpecial Disability FundEmployer LiabilityPre-existing Permanent ImpairmentEmployer KnowledgeSubstantial EvidencePermanent Partial DisabilityFracture of NoseHip DislocationRuptured Discs
References
3
Case No. MISSING
Regular Panel Decision

the Claim of Brigandi v. Town & Country Linoleum & Carpet

This case involves an appeal by an employer and its compensation carrier against decisions made by the Workers’ Compensation Board. The decedent, a carpet layer, died from cardiac arrest during work, with an autopsy revealing underlying coronary atherosclerotic disease. His widow was awarded death benefits. The employer’s carrier sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 15 (8), asserting a preexisting permanent physical impairment. However, the Board determined that there was no evidence that the decedent’s heart condition hindered his job potential before his death, thus releasing the Special Disability Fund from liability and holding the compensation carrier responsible. The employer's subsequent application for reconsideration was denied by the Board, leading to these appeals. The appellate court affirmed the Board's decisions, concluding that the Board rationally found no proof that the decedent's heart disease impaired his job potential, a necessary condition for reimbursement under WCL § 15 (8) (d).

Special Disability FundPreexisting Permanent ImpairmentCardiac ArrestCoronary Atherosclerotic DiseaseDeath Benefits ClaimEmployer ReimbursementCarrier LiabilityBoard Decision ReviewAppellate AffirmationMedical Evidence Interpretation
References
2
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. 2017-06-1778
Regular Panel Decision
Apr 11, 2018

Demotte, Julie v. UPS

Julie Demotte sustained a workplace injury involving a broken hip and leg in November 2016 while working for UPS. UPS initially accepted the claim and provided temporary disability benefits. Dr. Jason Evans, the authorized treating physician, placed Ms. Demotte at maximum medical improvement and assigned a three-percent whole-person impairment rating. A compensation hearing was held to determine Ms. Demotte's entitlement to permanent disability, temporary disability, and future medical benefits. The Court ordered UPS to provide lifetime medical benefits for Ms. Demotte's workplace injury, but denied her claims for both temporary and permanent disability benefits. The denial of permanent disability was based on the inadmissibility of Form C-30A as proof of impairment, as Ms. Demotte failed to present admissible evidence. Additionally, the claim for further temporary disability benefits was denied due to an earlier overpayment by UPS that exceeded any subsequent amounts due.

Workplace InjuryFuture Medical BenefitsTemporary Disability BenefitsPermanent Disability BenefitsAdmissibility of Medical ReportsForm C-30AForm C-32Impairment RatingHearsayMaximum Medical Improvement
References
2
Case No. 2019-07-0251
Regular Panel Decision
Mar 02, 2020

Hayes, Michael v. Jackson Golf & Country Club

Mr. Hayes, a tennis professional, sustained a right shoulder injury while serving. Dr. Pucek, the authorized treating physician, initially rated a two-percent permanent impairment to the body as a whole, later increasing it to three percent. Dr. Samuel Chung, an IME physician, assessed a six-percent impairment based on range of motion. The Court found Dr. Chung's rating more accurate, citing his detailed measurements and Mr. Hayes's credible lay testimony regarding lost service velocity and reduced work hours. The Court ordered Jackson Golf & Country Club to pay Mr. Hayes $23,976 in permanent partial disability benefits.

Permanent Partial DisabilityShoulder InjuryTennis ProfessionalImpairment RatingRange of MotionMedical ExaminerTreating PhysicianCredibilityWork InjuryWage Loss
References
6
Case No. 2018-07-0217
Regular Panel Decision
Oct 23, 2018

Slayton, Ruth v. Community Health Systems

Ruth Ann Slayton, an employee of Community Health Systems, sustained a neck injury on February 4, 2016, while lifting a patient, leading to pain and weakness in her right arm. Following unsuccessful conservative treatment and surgery performed by Dr. Laverne Lovell, a dispute arose regarding the extent of her permanent partial disability. Dr. Lovell assessed a six-percent impairment, while Dr. Samuel Chung, after an independent medical evaluation, found a fifteen-percent impairment due to residual radiculopathy. The Court favored Dr. Chung's more detailed methodology and clinical findings, granting Ms. Slayton permanent partial disability benefits of $45,281.70 and future medical benefits.

Permanent Partial DisabilityWorkers' Compensation ClaimRadiculopathy DiagnosisImpairment RatingsMedical TestimonyAMA GuidesTreating Physician OpinionIndependent Medical ExaminerSpinal SurgeryNeck Injury
References
6
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. NO. 03-06-00631-CV
Regular Panel Decision
Mar 26, 2009

Samuel Campos v. Texas Property & Casualty Insurance Guaranty Association for Reliance National Indemnity Company, an Impaired Carrier

Samuel Campos, an employee, was injured on the job, leading to disputes over his impairment rating and reimbursement for travel expenses. The Texas Workers’ Compensation Commission affirmed a designated doctor's 6% impairment rating and denied travel expenses, which Campos challenged in court. The case involved the Texas Property & Casualty Insurance Guaranty Association (TPCIGA) because Campos's employer's insurer became impaired. Initially filed in Winkler County, the case was transferred to Travis County, where TPCIGA was granted summary judgment. The Third District Court of Appeals reversed the summary judgment, ruling that the Workers' Compensation Act's specific mandatory venue provision, which places venue in the county of the employee's residence at the time of injury (Winkler County), overrides the Guaranty Act's general venue provision, which would place it in Travis County. The court remanded the case with instructions to transfer it to Winkler County.

Workers' CompensationVenue DisputeMandatory VenueStatutory ConstructionTexas Labor CodeTexas Insurance CodeImpairment RatingTravel Expenses ReimbursementJudicial ReviewAppellate Procedure
References
12
Case No. 2016-03-1299
Regular Panel Decision
Sep 18, 2018

Sakzwedel, Lanie v. CVS

Lanie Salzwedel, a 59-year-old former CVS shift supervisor, sought permanent total disability or extraordinary relief for a work injury sustained on February 18, 2016, involving her neck and left arm/shoulder after a fall. The Court reviewed conflicting medical opinions from Dr. Patrick Bolt, who assigned a 15% permanent medical impairment based on verified radiculopathy, and Dr. Thomas Koenig (IME), who assigned a 5% impairment. The Court upheld Dr. Bolt's opinion, finding Ms. Salzwedel sustained a 15% permanent medical impairment. While she worked in an accommodated position for ten months post-injury, she was subsequently terminated. The Court denied permanent total disability but found clear and convincing evidence for extraordinary relief due to the inequity of limiting her recovery to increased benefits. Consequently, Ms. Salzwedel was awarded 275 weeks of permanent partial disability benefits, totaling $75,479.25, and lifetime medical care.

Workers' CompensationPermanent Partial DisabilityExtraordinary ReliefMedical Impairment RatingVocational DisabilityRadiculopathyCervical Spine InjuryLeft Elbow InjuryTreating Physician OpinionIndependent Medical Evaluation
References
5
Case No. MISSING
Regular Panel Decision

Middleton v. Allegheny Electric Co.

This workers' compensation appeal addressed the calculation of permanent partial impairment benefits. The Special Workers’ Compensation Appeals Panel reviewed a trial court's award of 75 percent permanent partial impairment. The Panel determined that the award must be limited to six times the medical impairment rating, as per Tenn.Code Ann. § 50-6-241(b), because the plaintiff failed to present clear and convincing evidence to meet the exceptions outlined in Tenn.Code Ann. § 50-6-242. Consequently, the Panel modified the judgment, reducing the award to 36 percent permanent partial impairment to the body as a whole.

Workers' CompensationPermanent Partial ImpairmentMedical ImpairmentVocational ImpairmentDisability BenefitsStatutory InterpretationClear and Convincing EvidenceAppellate ReviewJudgment ModificationTennessee Law
References
3
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