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

Case No. 10-93-224-CV
Regular Panel Decision
May 18, 1994

Subsequent Injury Fund of the State of Texas (Formerly the Second Injury Fund) v. Larry Milligan

The Subsequent Injury Fund appeals a judgment awarding Larry Milligan lifetime benefits for injuries sustained at work. Milligan suffered two ankle injuries in 1987 and a third in 1989, leading to the total loss of use of both feet. He sued the Fund for lifetime benefits after settling with the workers' compensation carrier. The jury found permanent, total loss of use of both feet. The Fund challenged its statutory liability for lifetime benefits and the court's refusal to submit a jury question on total and permanent incapacity. The appellate court affirmed, finding the first issue unpreserved and the second resolved by a statutory conclusive presumption of total and permanent incapacity for the loss of both feet.

Workers' Compensation LawSubsequent Injury FundLifetime BenefitsTotal Permanent IncapacityAnkle InjuriesStatutory InterpretationAppellate ReviewJury InstructionsConclusive PresumptionOccupational Injuries
References
6
Case No. ADJ7917795
Regular
May 16, 2014

SANDRA DELGADO vs. KAISER PERMANENTE, PERMANENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous award, and returned the case for further proceedings. The WCAB found that the administrative law judge's (ALJ) finding of 100% permanent disability was not supported by substantial medical evidence. Furthermore, it was unclear if the subsequent injury solely caused the increased disability given stipulations regarding a prior injury's worsening. The WCAB directed the ALJ to ensure a proper record and make specific findings on all disputed issues, including permanent disability, the subsequent injury's contribution, and potential SIBTF credits.

Subsequent Injuries Benefits Trust FundPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentSubstantial Medical EvidenceLabor Code section 4753Agreed Medical EvaluatorWCJWorkers' Compensation Appeals Board
References
8
Case No. MISSING
Regular Panel Decision

Johnson v. Second Injury Fund

Walter Johnson, who had previously lost vision in his right eye, suffered an injury at work resulting in the loss of vision in his left eye, leaving him totally and permanently disabled. He received benefits from Texas Employer’s Insurance Association and the Second Injury Fund. Johnson and his wife then sued Texas Industries, Inc. for negligence. Both TEIA and the Second Injury Fund intervened, seeking subrogation rights. The trial court denied the Second Injury Fund's claim to subrogation, but the court of appeals reversed. The Texas Supreme Court reviewed whether the Second Injury Fund is subrogated to Walter Johnson's rights in his personal injury suit. The Court concluded that subrogation is a legislative creation and the statute funding the Second Injury Fund explicitly enumerates funding methods without including subrogation. Therefore, the Supreme Court reversed the court of appeals' judgment and affirmed the trial court's decision, denying subrogation for the Second Injury Fund.

SubrogationSecond Injury FundWorkers' CompensationStatutory InterpretationExpressio Unius Est Exclusio AlteriusTotal DisabilityPersonal InjuryTexas Supreme CourtFunding MechanismsLegislative Intent
References
9
Case No. MISSING
Regular Panel Decision

Second Injury Fund v. Martinez

Vera Martinez, an injured worker, sought compensation after a workplace injury combined with a pre-existing condition resulted in total permanent incapacity. The Industrial Accident Board initially awarded her limited compensation. Martinez appealed this decision, filing suit against her compensation carrier and, over seven months later, against the Second Injury Fund. The appellate court addressed whether the statutory 20-day period for filing suit after appealing an Industrial Accident Board decision applies to claims against the Second Injury Fund. The court held that this jurisdictional prerequisite applies, and because Martinez failed to timely file suit against the Second Injury Fund, the trial court lacked jurisdiction over the Fund. Consequently, the judgment against the Second Injury Fund was reversed.

Workers' CompensationSecond Injury FundTexas LawJurisdictionTimelinessStatutory InterpretationAppellate ProcedureIndustrial Accident BoardPermanent IncapacityPolio
References
10
Case No. MISSING
Regular Panel Decision

Second Injury Fund v. American Motorists Insurance Co.

This case addresses whether a 1971 amendment to Texas workers' compensation law (Article 8306, Sections 12c and 12c-l) permits an insurance carrier to be reimbursed from the Second Injury Fund when an employee's total and permanent incapacity results from a combination of general, rather than specific, injuries. The trial court had granted a $16,000 judgment for the carrier, American Motorist Insurance Company, but the Second Injury Fund appealed. Citing the precedent set in Second Injury Fund v. Keaton, the appellate court clarified that the 1971 amendment did not expand the fund's liability beyond specific injuries. The court emphasized that legislative intent to alter this established rule was not evident in the amendment. Consequently, the appellate court reversed the trial court's judgment, ruling against reimbursement for general injuries.

Second Injury FundWorkers' CompensationGeneral InjuriesSpecific InjuriesReimbursementStatutory InterpretationArticle 8306Vernon’s Ann.Civ.St.Appellate ReviewLegislative Intent
References
6
Case No. MISSING
Regular Panel Decision

Second Injury Fund of Texas v. Garcia

George Garcia, Jr., who suffered the loss of a hand and subsequently the loss of use of a foot, sought workers' compensation benefits from the Second Injury Fund of Texas (SIF). The trial court found him totally and permanently incapacitated and awarded a lump-sum payment, disregarding a jury finding of partial incapacity. The SIF appealed, contesting the nature of the injury, the finding of total incapacity, the award of lifetime benefits, and the lump-sum payment. The appellate court affirmed the trial court's judgment, confirming that Garcia was entitled to total and permanent incapacity benefits and a lump-sum payment under the relevant Texas Workers' Compensation Act provisions, including sections 11a, 10(b), and 10(d) of Article 8306.

Workers' CompensationSecond Injury FundTotal Permanent IncapacityLump-Sum BenefitsSpecific InjuryAppellate ReviewJury Finding DisregardStatutory InterpretationDiscovery DisputesExpert Witness Testimony
References
17
Case No. MISSING
Regular Panel Decision

Injury Fund St. Tx. v. Conrad

This case involves Adelina Conrad, who was born without a right hand or wrist and later sustained a work-related injury to her left arm, resulting in total and permanent disability. She sought lifetime workers' compensation benefits from The Second Injury Fund of Texas, which was established to encourage the employment of handicapped workers by limiting employer liability for second injuries. The Fund appealed a jury verdict in Conrad's favor, contending that a congenital defect cannot be considered a 'previous loss' under the statute because one cannot lose what one never had. The court affirmed the trial court's judgment, interpreting 'loss or loss of use' to include congenital defects, thus allowing Conrad to receive benefits from the Fund. This decision aligns with the legislative intent to aid handicapped workers and provides a broader application of the Second Injury Fund provisions.

Workers' CompensationSecond Injury FundCongenital DefectPermanent Total DisabilityStatutory InterpretationTexas LawAppellate ReviewOccupational InjuryEmployer LiabilityLegislative Intent
References
31
Case No. MISSING
Regular Panel Decision

Second Injury Fund v. Tomon

The State's Second Injury Fund appealed a judgment ordering it to pay John Wayne Tomon a lump sum of $128,435.52 for lifetime workers' compensation benefits. Tomon had prior leg injuries and sustained a subsequent injury to his left leg. The trial court held the Fund liable and a jury found total and permanent loss of use of both legs. The appellate court affirmed the trial court's finding that a prior injury does not need to result in a total loss of use to trigger Fund liability. However, the court reversed the award of lifetime benefits, ruling that the Fund is not an 'association' liable under Section 10(b). It also reversed the lump sum payment, concluding that the claimant waived the right to a lump sum by not requesting a jury finding on manifest hardship. The case was remanded for a determination of compensation duration, not to exceed 401 weeks, and judgment was rendered that Tomon could not receive a lump sum payment.

Workers' CompensationSecond Injury FundLifetime BenefitsLump Sum PaymentTotal Permanent IncapacityPrior InjurySubsequent InjurySpecific InjuryStatutory InterpretationAppellate Review
References
18
Case No. 03S01-9703-CV-00033
Regular Panel Decision
Dec 09, 1997

James Walter Dellinger v. The Arnold Engineering Company and Lumbermens Mutual Casualty Company, Larry Brinton, Jr., Director of the Second Injury Fund

The Workers' Compensation Appeals Panel reviewed the case of James Walter Dellinger, who was found totally disabled after a 1994 work-related injury. The trial court had apportioned 40% of the award against The Arnold Engineering Company and 60% against the Second Injury Fund, granting benefits for 400 weeks. The employer challenged the work-related nature of the back injury and the apportionment, while Dellinger contended the award should extend until his 65th birthday. The Panel affirmed the trial court's findings on the work-related injury and apportionment. However, it modified the judgment, ruling that compensation for permanent total disability should be paid until the employee reaches 65, citing T.C.A. § 50-6-207(4), and as modified, affirmed the judgment.

Workers' CompensationPermanent Total DisabilityApportionment of AwardSecond Injury FundWork-Related InjuryMedical ImpairmentVocational DisabilityHerniaBack InjuryPaget's Disease
References
3
Case No. MISSING
Regular Panel Decision

Minton v. State Industries, Inc.

Thelma M. Minton, a worker previously compensated for a back injury, sustained a subsequent knee injury, leading the trial court to find her permanently and totally disabled and apportion liability between her employer and the Tennessee Department of Labor, Second Injury Fund. The Fund appealed this decision. The Supreme Court affirmed the employer's liability for 200 weeks, representing 100 percent disability to the scheduled member (right lower extremity). However, the court reversed the finding of the Second Injury Fund's liability for 200 weeks, as there was no medical evidence indicating the knee injury aggravated the prior back injury to the extent of rendering Minton totally and permanently disabled. Consequently, the Supreme Court found Minton's aggregate permanent disability to be 60 percent, thus absolving the Second Injury Fund of liability under T.C.A. § 50-6-208(a).

Workers' CompensationSecond Injury FundPermanent Total DisabilityScheduled Member InjuryAggravation of Prior InjuryApportionment of LiabilityEmployer LiabilityFund LiabilityMedical EvidenceTennessee Supreme Court
References
12
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