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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. 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. 3-91-003-CV
Regular Panel Decision
May 19, 1993

Texas Commissioner of Insurance Georgia D. Flint, Permanent Receiver of Standard Financial Indemnity Corporation v. Aetna Casualty & Surety Company, Employers Insurance of Wausau, a Mutual Company, the Hartford Accident and Indemnity Company, Houston General Insurance Company, CIGNA Insurance Company of Texas, Liberty Mutual Fire Insurance Company

Standard Financial Indemnity Corporation (SFIC) appealed the Travis County district court's judgment dismissing its suit for lack of subject matter jurisdiction. SFIC alleged antitrust and tortious interference claims, arguing that the Workers' Compensation Assigned Risk Pool and its members conspired to monopolize the market and unfairly treated its servicing company application. The Hidalgo County district court transferred venue to Travis County, a decision SFIC contested. The Court of Appeals found that SFIC had pleaded valid common law causes of action not solely governed by statutory procedures and that the venue transfer based on forum non conveniens was unauthorized under Texas law. Consequently, the court reversed the judgment and remanded the case with instructions to return it to Hidalgo County for further proceedings.

AntitrustTortious InterferenceSubject Matter JurisdictionVenue TransferForum Non ConveniensWorkers' Compensation Assigned Risk PoolTexas Free Enterprise and Antitrust ActStatutory InterpretationAppellate ReviewDistrict Court
References
19
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. 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. ADJ1124123 (BGN 0064929) ADJ3374432 (BGN 0061307)
Regular
Oct 22, 2018

MARY BAKER vs. SWEEETHEART CUPS; CIGA by SEDGWICK CMS for FREMONT INSURANCE in liquidation and PORTEOUS FASTENERS/PACIFIC INDEMNITY COMPANY, CHUBB INSURANCE

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, reversing the finding that CIGA remained liable for permanent total disability indemnity and medical treatment for the applicant's industrial injuries. The Board found that because the applicant's injuries resulted in a joint and several award with a solvent insurer, Pacific Indemnity, CIGA has no obligation to pay as "other insurance" was available. The decision clarifies that CIGA is absolved of liability for medical treatment jointly caused by both injuries, but remains liable for treatment solely caused by the September 1979 injury. Pacific Indemnity is now solely responsible for all remaining permanent total disability indemnity and medical treatment costs, adjusting for payments already made by CIGA.

CIGASweetheart CupsPorteous FastenersFremont InsurancePacific IndemnityChubb InsuranceWilkinson doctrinejoint and several liabilitycovered claimsother insurance
References
10
Case No. 2019-01-0630
Regular Panel Decision
Oct 28, 2020

Ferguson, Anne Michelle v. Amazon.com, Inc.

Anne Michelle Ferguson, an Amazon employee, sought permanent total disability and medical benefits for complex regional pain syndrome (CRPS) after injuring her left foot at work in October 2017. Amazon contended that benefits should be limited to a foot contusion and sought a credit for overpayment of temporary partial disability benefits. The Court weighed competing medical expert opinions, ultimately giving greater weight to Dr. Dreskin's diagnosis of compensable CRPS. Consequently, the Court awarded Ms. Ferguson permanent partial disability benefits of $8,858.13 and ongoing medical benefits, including access to a panel of CRPS specialists. However, her claim for permanent total disability was denied as she was deemed capable of sedentary work, and Amazon received a credit for previously overpaid temporary benefits.

Workers' CompensationPermanent Partial DisabilityComplex Regional Pain Syndrome (CRPS)Medical BenefitsVocational DisabilityMaximum Medical Improvement (MMI)Temporary Partial DisabilityPain ManagementMedical Expert TestimonyFoot Injury
References
5
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. 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. 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
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