CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 2015-01-0281
Regular Panel Decision
Mar 19, 2018

Tucker, David E. v. Star Transportation

David Tucker, an employee of Star Transportation, sought to change his treating physician for a shoulder injury sustained on July 1, 2015. He expressed a loss of confidence in Dr. Mejia due to perceived ineffectual treatment, improper impairment assessment methodology, and the physician's refusal to complete a Physician Certification Form. The Court, citing precedents like Scott v. Integrity Staffing Solutions and Baker v. Electrolux, found no legal basis to compel the employer to provide a new panel of physicians. The Court ruled that Mr. Tucker's subjective dissatisfaction and the alleged inadequacies of Dr. Mejia did not warrant a change in treating physician.

Workers' CompensationShoulder InjuryTreating PhysicianMedical TreatmentImpairment RatingAMA GuidesTennessee LawRight to Control Medical TreatmentPhysician Certification FormMMI (Maximum Medical Improvement)
References
3
Case No. MISSING
Regular Panel Decision

Flores v. Anjost Corp.

Plaintiffs filed a class action lawsuit against Anjost Corporation and its principals, alleging violations of the Fair Labor Standards Act and the New York Labor Law, including issues with minimum wage, overtime pay, tip withholding, and uniform costs. The court addressed Plaintiffs' motion for class certification, following a prior conditional certification of an FLSA collective action. Evaluating the proposed classes under Rule 23 of the Federal Rules of Civil Procedure, the court found that the requirements for numerosity, commonality, typicality, and adequacy of representation were largely met. Consequently, the court granted the motion for class certification in a modified form, establishing three specific classes: a Tipped Employee Class, a Spread of Hours and Wage Statement Class, and a Uniform Claims Class. The decision also included orders for the defendants to disclose class member information and for both parties to jointly prepare a proposed class notice.

Class ActionFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and Hour ClaimsOvertime WagesMinimum WageTip WithholdingUniform CostsWage StatementsSpread of Hours Premium
References
71
Case No. 2023-03-8195
Regular Panel Decision
Nov 07, 2025

Burkes, Jerry v. Sysco Knoxville, LLC

The employee, Jerry R. Burkes, appealed the trial court's denial of extraordinary benefits after sustaining a compensable knee injury while working for Sysco Knoxville, LLC. Although the trial court awarded increased general benefits, it denied the extraordinary benefits because Burkes failed to submit a Physician Certification Form, a statutory requirement. On appeal, the Tennessee Workers' Compensation Appeals Board affirmed the trial court's decision, emphasizing that strict compliance with statutory mandates for extraordinary benefits, particularly the Physician Certification Form, is necessary and substantial compliance is insufficient. The Board concluded that the absence of the required form was fatal to the employee's claim for extraordinary benefits. Consequently, the trial court's denial of extraordinary benefits was affirmed, and the order was certified as final.

Extraordinary BenefitsPermanent DisabilityKnee InjuryPhysician Certification FormSubstantial ComplianceStatutory InterpretationAppellate ReviewMedical ImpairmentPost-Hearing MotionResignation
References
4
Case No. 14-11-00902-CV
Regular Panel Decision
Jul 19, 2012

Deandrew Price v. Uni-Form Components Company

Deandrew Price, a temporary employee provided by AGL Elite Business Solutions, appealed a summary judgment granted in favor of Uni-Form Components Company (UCC) in his negligence suit. Price sustained a severe foot injury while working as a machine operator at UCC. UCC asserted the affirmative defense of exclusive remedy under the Texas Workers’ Compensation Act (TWCA), claiming Price was a temporary employee covered by its workers' compensation insurance and presented a certificate of insurance. Price challenged the coverage, arguing UCC failed to produce the full policy and that his personal affidavit indicated no workers' compensation involvement from UCC. The appellate court affirmed the trial court's decision, finding UCC sufficiently established coverage through the certificate and affidavit, noting that an employer cannot split its workforce regarding workers' compensation coverage and that premium payment issues do not affect an employee's coverage.

Workers' CompensationSummary JudgmentExclusive Remedy ProvisionTemporary EmployeeBorrowed Servant DoctrineNegligenceInsurance CoverageTexas Labor CodeAppellate ReviewEmployer Liability
References
17
Case No. MISSING
Regular Panel Decision

O'KEEFE v. Bowen

Josephine O’Keefe and Louis Scheibeler, patients at Belair Nursing Home, sought Medicare Part A benefits for post-hospital extended care, which were denied by the Secretary of Health and Human Services. They initiated a proceeding under 42 U.S.C. § 405(g) and 1395ff(b) to review these final determinations. The court determined that the absence of a physician's certification, a prerequisite for benefits under Medicare regulations, compelled the affirmance of the denial of benefits. The decision highlighted that neither the initial hospital physicians nor the Belair Nursing Home physicians provided the required daily skilled nursing care certification. The court also examined the role of DMS-1 forms, primarily used for Medicaid, and the challenges faced by Utilization Review Committees in New York due to the scarcity of appropriate intermediate care facilities.

Medicare BenefitsPost-Hospital Extended CareSkilled Nursing CarePhysician CertificationDenial of BenefitsUtilization Review CommitteeMedicaid ActCustodial CareHealth and Human ServicesRegulatory Compliance
References
3
Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
Case No. 01-14-00767-CV
Regular Panel Decision

Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians

This is a health care liability appeal where Shirley Lenoir and Christopher McKnight, individually and as representatives of the Estate of Shana Lenoir and Nayla McKnight, challenge the trial court's decision to grant U.T. Physicians' plea to the jurisdiction and motion to dismiss. The appellants allege that U.T. Physicians' negligence in treating Shana Lenoir’s twin pregnancy, specifically the administration of a medically unnecessary and contraindicated progesterone injection by Nurse Matthews, proximately caused her death. U.T. Physicians claimed sovereign immunity as a governmental unit. Appellants argue that U.T. Physicians is a private non-profit corporation and an independent contractor, not entitled to sovereign immunity, and that a waiver of immunity under the Texas Tort Claims Act was sufficiently pled due to the use of tangible physical property.

Sovereign ImmunityGovernmental UnitIndependent ContractorTexas Tort Claims ActHealth Care LiabilityMedical MalpracticeNegligenceProgesterone InjectionTwin PregnancyWrongful Death
References
16
Case No. MISSING
Regular Panel Decision
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. 2019-08-0191
Regular Panel Decision
Apr 28, 2021

Russell, Frederick v. Aluma Form, Inc.

Frederick Russell, an assembly technician for Aluma Form, Inc., suffered a left shoulder and neck injury in January 2018. The employer accepted a shoulder sprain but contested a labral tear and impingement. The Court reviewed conflicting medical testimony from Dr. Jones and Dr. Dalal regarding causation and impairment. The Court ruled that Mr. Russell successfully proved causation for his shoulder injury and that he was justified in seeking unauthorized treatment due to the employer's actions. Consequently, Aluma Form was ordered to pay permanent partial disability benefits of $11,879.49, temporary disability benefits of $9,308.86, and Mr. Russell's medical bills from Dr. Dalal and Memphis Surgery Center. Dr. Dalal was designated as the authorized treating physician for future medical benefits.

Shoulder InjuryLabral TearImpingement SyndromeMedical CausationPermanent Partial DisabilityTemporary Total DisabilityUnauthorized Medical TreatmentOrthopedic SurgeryWorkers' Compensation ClaimsRange of Motion Impairment
References
5
Case No. MISSING
Regular Panel Decision
Dec 29, 2010

Lindberg v. UHS OF LAKESIDE, LLC

Plaintiffs Cherie Lindberg and Grady Moody filed a motion for conditional class certification under the FLSA against Defendants UHS of Lakeside, LLC, Community Behavioral Health, LLC, and Universal Health Services, alleging unpaid overtime due to an automatic 30-minute meal break deduction policy. The policy applied to all non-exempt employees, regardless of whether they actually took a break, and placed the burden on employees to reverse the deduction via time adjustment forms, which management allegedly discouraged or ignored. The Court applied a lenient "notice stage" standard and found that Plaintiffs made a modest factual showing that they and other putative class members were victims of a common practice leading to improper compensation. The Court granted the motion for conditional class certification for all present and former hourly employees of the defendants who worked at the Memphis, Tennessee facilities from January 7, 2007, to the present. The Court also ordered defendants to provide contact information for potential opt-in plaintiffs and directed parties to submit a mutually acceptable notice letter.

FLSAOvertime PayMeal Break DeductionConditional Class CertificationCollective ActionWage and HourHealthcare EmployeesAutomatic Deduction PolicyUnpaid WorkEmployee Compensation
References
30
Showing 1-10 of 3,929 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational