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Case Law Database

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. MISSING
Regular Panel Decision

Standard Fire Insurance Co. v. Rice

This is a worker's compensation case where the insurance carrier appealed a jury verdict granting total and permanent disability benefits to an injured worker. The worker sustained a low back injury, necessitating a chymopapain injection, and continued employment post-injury, even with increased pay and a more strenuous schedule. However, medical testimony and evidence from safety directors suggested that due to his injury and surgery, the worker was permanently disabled from obtaining similar employment elsewhere, being deemed to have a "Class 4 back." The appellate court affirmed the judgment, emphasizing the liberal construction of worker's compensation laws and that continued work does not automatically preclude findings of total and permanent disability. The court found the evidence factually sufficient to support the jury's finding of permanent total incapacity.

Worker's CompensationBack InjuryLumbar StrainHerniated DiscChymopapain InjectionPermanent DisabilityTotal IncapacityMedical EvidenceEmployment PhysicalsTexas Law
References
5
Case No. MISSING
Regular Panel Decision

Royal Indemnity Co. v. Futtrell

The case concerns a coal miner's claim for increased workers' compensation benefits due to worsening pneumoconiosis. The plaintiff's disability was initially adjudicated at 75% permanent partial disability, which the Chancellor later increased to 100% permanent total disability. The defendant insurer appealed, challenging both the increase in disability and the application of the current compensation rate. The Supreme Court upheld the finding of increased disability based on new evidence but reversed the Chancellor's decision on the compensation rate, ruling that the rate in effect at the time of the original injury (incapacity) should be applied, rather than the rate current at the second hearing. The case was remanded to the trial court for recalculation of benefits.

Workers' Compensation AppealCoal Worker's PneumoconiosisDisability ReassessmentBenefit Rate DisputeStatutory Interpretation of Compensation LawsTennessee Supreme CourtOccupational Lung DiseaseMedical Evidence ReviewRemand for RecalculationFederal vs. State Law
References
6
Case No. MISSING
Regular Panel Decision

Claim of Harrington v. L.C. Whitford Co.

The claimant, a construction worker, experienced a severe exacerbation of pre-existing asthma after exposure to burning lead paint fumes in June 1996. A certified pulmonologist, Richard Evans, determined the exposure caused a permanent and total disability. A Workers' Compensation Law Judge (WCLJ) found an accidental injury causing permanent and total disability, which the Workers' Compensation Board affirmed in August 2001. The employer and carrier appealed, arguing the condition was pre-existing and only temporarily aggravated. The appellate court affirmed the Board's decision, finding substantial evidence to support that the work-site exposure significantly exacerbated the claimant's stabilized asthma, leading to a permanent and total disability.

Workers' CompensationPermanent Total DisabilityAsthma ExacerbationOccupational ExposureLead Paint FumesPre-existing ConditionMedical Expert TestimonySubstantial EvidenceAppellate ReviewIndustrial Accident
References
14
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. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
Case No. MISSING
Regular Panel Decision

Claim of VanDermark v. Frontier Insurance

In this workers' compensation appeal, the employer and its carrier challenged two decisions by the Workers’ Compensation Board concerning a claimant's permanent total disability. The claimant sustained a back injury in 1998 and was initially found to have a permanent partial disability. However, the Board later modified the award, concluding the claimant had a permanent total disability after August 2004, a finding supported by the testimony of her treating orthopedic surgeon despite conflicting medical evidence. The employer also contested the denial of their applications for reconsideration and/or full Board review, arguing insufficient evidence and an abuse of discretion. The appellate court affirmed the Board's decisions, deferring to its resolution of conflicting medical evidence and finding no arbitrary or capricious action in denying reconsideration, as no new evidence was presented.

Workers' Compensation LawPermanent Total DisabilityPermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsBoard's DiscretionReconsideration ApplicationFull Board ReviewAppellate ReviewSufficiency of Evidence
References
6
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. LBO 0374533
Regular
Jul 02, 2008

, Applicant, ALYCE WENTZ vs. , Defendant(s). ST. MARY MEDICAL CENTER; PERMISSIBLY SELF-INSURED adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a dispute over the calculation of permanent disability indemnity in a workers' compensation claim. The employer sought reconsideration of an award that incorrectly calculated the total indemnity based on the maximum rate instead of the applicant's specific rate. The Appeals Board granted the employer's petition, correcting the total indemnity amount to $89,575.64 while affirming the permanent disability rating and life pension.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityIndemnityLife PensionNursing AssistantIndustrial InjurySt. Mary Medical CenterSedgwick Claims Management Services
References
0
Case No. MISSING
Regular Panel Decision

Claim of Mearns v. Sunoco, Inc.

Claimant, an assistant manager at a convenience store, suffered severe psychological injuries including panic attacks and nightmares after being falsely accused and physically accosted by a police officer following a store break-in. She subsequently ceased working and filed for workers' compensation benefits. A Workers’ Compensation Law Judge initially ruled, and the Workers’ Compensation Board later upheld, that she had sustained a permanent total disability. Despite some conflicting medical opinions regarding the severity of her disability, the Board was found to have properly resolved the evidence in favor of the claimant. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence and that there was no basis to disturb the finding of permanent total disability.

permanent total disabilitypsychological traumaworkers' compensation appealmedical expert testimonyconflicting medical evidencepolice misconductworkplace incidentmental healthadministrative lawjudicial review
References
4
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