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Case Law Database

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

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. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
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. 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. 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. 2023-07-7092
Regular Panel Decision
Sep 27, 2024

Perry, Frederick v. v. ) THYSSENKRUPP ELEVATOR CORP.

Frederick Perry, an employee, sought permanent disability benefits after suffering a work-related right shoulder injury in December 2019, following a similar injury in 2011. His employer, Thyssenkrupp Elevator Corp., moved for partial summary judgment, arguing Mr. Perry lacked sufficient evidence for an impairment rating for the 2019 injury. Medical examiner Dr. Christopher Pokabla had assigned a 3% impairment rating but concluded it resulted in no additional impairment for the 2019 injury when considering pre-existing impairments. The Court found Mr. Perry failed to present necessary medical evidence to rebut this opinion or establish a new impairment rating. Consequently, summary judgment was granted to Thyssenkrupp on the permanent disability benefits claim, although Mr. Perry remains entitled to authorized medical benefits.

Workers' CompensationSummary JudgmentImpairment RatingRotator Cuff InjuryMedical BenefitsPre-existing ConditionDisability ClaimTennessee LawMotion for JudgmentMedical Opinion
References
3
Case No. 2022-07-0416
Regular Panel Decision
Aug 04, 2023

Wigdor, Brad v. ELECTRIC RESEARCH & MFG. COOPERATIVE, INC

Mr. Brad Wigdor sustained a dislocated patella and subsequently developed Complex Regional Pain Syndrome Type-1 following a workplace injury on May 7, 2021. The central dispute concerned the appropriate permanent impairment rating. Mr. Wigdor challenged the five percent whole body impairment assigned by Dr. Michael Calfee of the Medical Impairment Rating Registry (MIRR), presenting evidence from Dr. Samuel Chung who assessed a nine percent impairment based on additional findings like hair loss and skin inelasticity. The Court, however, found that Mr. Wigdor did not present clear and convincing evidence sufficient to overcome the statutory presumption of accuracy afforded to Dr. Calfee’s MIRR rating. Consequently, the Court ordered the employer, Electric Research & Mfg. Cooperative, Inc., to pay permanent partial disability benefits based on Dr. Calfee’s five percent impairment.

Workers' CompensationPermanent Partial DisabilityImpairment RatingComplex Regional Pain Syndrome (CRPS)MIRR EvaluationMedical Expert TestimonyClear and Convincing EvidenceVocational ImpairmentKnee InjuryPatella Dislocation
References
4
Case No. 2020-07-0349
Regular Panel Decision
Mar 07, 2025

CARLTON LUCIA, JR. v. DSV SOLUTIONS, INC.

Carlton Lucia, Jr. sustained a right wrist injury while employed by DSV Solutions, Inc. The Court held a Compensation Hearing to determine the date of maximum medical improvement (MMI) and Mr. Lucia's permanent impairment rating. The Court accepted Dr. Michael Dolan's MMI date of March 5, 2024, but sided with Dr. James Weisman's impairment rating, finding a 10% impairment for the carpectomy and an additional 3% for carpal tunnel syndrome, totaling 13% permanent impairment. Consequently, DSV Solutions, Inc. was ordered to pay permanent partial disability benefits amounting to $40,105.26, along with $1,614.40 in discretionary costs.

Right Wrist InjuryCarpectomyCarpal Tunnel SyndromePermanent ImpairmentMaximum Medical ImprovementMedical EvaluationOrthopedicsJudicial DecisionBenefit CalculationDiscretionary Costs
References
1
Case No. ADJ1030139 (STK 0203781)
Regular
Nov 19, 2014

GERALD REESE vs. MICRODENTAL LABORATORIES, AMERICAN HOME ASSURANCE, AIG CLAIMS SERVICES

The Appeals Board granted reconsideration to review the permanent disability rating for applicant Gerald Reese, who sustained an industrial injury in 2006. The primary issue was whether to include a deconditioning impairment, rated by a PQME using analogy, into the permanent disability award. The Board affirmed the WCJ's decision but amended it to defer the issue of permanent disability for further proceedings. This deferral is to allow the WCJ to issue rating instructions based on the established legal framework for incorporating AMA Guides impairments, even those addressed by analogy.

PQMEdeconditioningAMA Guideswhole person impairmentanalogyLabor Code section 4660Almaraz/Guzman IIMilpitas Unified School Dist.City of Sacramento v. Workers' Comp. Appeals Bd.rating instructions
References
3
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