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Case Law Database

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

Case No. 01-17-00146-CV
Regular Panel Decision
Aug 27, 2019

Michael Fallon, M.D. v. the University of Texas MD Anderson Cancer Center and Craig Henderson as Officer for the Public Information for the University of Texas MD Anderson Cancer Center

Michael Fallon, M.D. sued the University of Texas MD Anderson Cancer Center and Craig Henderson under the Texas Public Information Act (PIA) after they denied his request for certain information, claiming it was held by an affiliated private entity, the MD Anderson Physicians Network. The trial court dismissed Fallon's suit. The appellate court reversed the dismissal of Fallon's mandamus claim, finding a genuine issue of material fact regarding whether the Cancer Center had a right of access to the Physicians Network's records, thereby making the information "public information" under the PIA. However, the court affirmed the dismissal of Fallon's declaratory judgment claim, stating that the Declaratory Judgments Act does not waive sovereign immunity for such claims. The case was remanded for further proceedings consistent with the opinion.

Public Information ActSovereign ImmunityDeclaratory JudgmentMandamusGovernmental BodyNon-profit OrganizationPhysicians NetworkMedical Peer ReviewSummary JudgmentPlea to Jurisdiction
References
56
Case No. MISSING
Regular Panel Decision

Claim of Milner v. Country Developers, Inc.

The Special Disability Fund appealed decisions by the Workmen’s Compensation Board which imposed liability on the Fund for a claimant's injuries. The Board found that the employer, Country Developers, continued to employ the claimant, a carpenter, with knowledge of his pre-existing permanent physical impairment, triggering liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. The claimant suffered a fracture of the nose and a hip dislocation in 1964, having a history of three ruptured disc surgeries and other conditions. The appeal centered on whether the employer had sufficient knowledge of the claimant’s permanent condition. Testimony from the employer’s foreman, Mr. Pahlck, indicated awareness of the claimant's back issues, including wearing a back brace and being favored by co-workers. The court affirmed the Board’s decision, reiterating that employer knowledge is a question of fact for the Board, and its findings, if supported by substantial evidence, will not be disturbed.

Workers' Compensation LawSpecial Disability FundEmployer LiabilityPre-existing Permanent ImpairmentEmployer KnowledgeSubstantial EvidencePermanent Partial DisabilityFracture of NoseHip DislocationRuptured Discs
References
3
Case No. 2025-60-3186
Regular Panel Decision
Oct 22, 2025

FORREST, THADDEAU V. CONCRETE STRUCTURES, INC.

Thaddeus Forrest sustained a femur fracture from a workplace accident. He sought temporary-total disability and medical benefits, plus attorney's fees, which Concrete Structures, Inc. denied, citing a pre-existing cancer diagnosis. The Court, prioritizing Dr. Ginger Holt's medical testimony over Dr. Robert Holladay's record review, found the workplace accident was the primary cause of injury despite the pre-existing condition, applying the 'employer takes employee as is' rule. The Court granted Mr. Forrest temporary disability benefits and ordered Concrete Structures to provide oncological treatment, but denied attorney's fees.

Expedited HearingFemur FracturePre-existing CancerAggravation of InjuryMyeloma DiagnosisOrthopedic OncologyCausal ConnectionMedical Treatment AwardedTemporary Disability BenefitsAttorney's Fee Denial
References
6
Case No. MISSING
Regular Panel Decision

Claim of Valenti v. Penn Plax Plastics

The claimant, exposed to asbestos between 1965 and 1972, developed asbestosis, asbestos-related pleural disease, and lung cancer. His 1995 workers' compensation claim was denied by a Workers' Compensation Law Judge and the Board, which found his lung cancer causally related to asbestos exposure occurring before July 1, 1974, thus falling under the 'dust disease' rule requiring total disability for compensation. The claimant appealed, arguing lung cancer is not a dust disease. The appellate court reversed and remitted the decision, clarifying that while lung cancer itself is not a dust disease, the pre-1974 restriction applies if it's causally related to a dust disease like asbestosis. The court noted the Board failed to make a specific finding on this causal link.

asbestos exposurelung cancerasbestosisworkers' compensationdust diseasetotal disabilitypartial disabilitycausationremittalappellate review
References
9
Case No. MISSING
Regular Panel Decision

Schulle v. Texas Employers' Insurance Ass'n

Evelyn Schulle, widow of Oscar Schulle, appealed a take-nothing judgment concerning her husband's death. Oscar Schulle died of cancer on October 8, 1985, after an on-the-job fall on July 23, 1985, which fractured his L-2 vertebra. Mrs. Schulle contended that the fall was a producing cause of his death under workers' compensation law. An oncologist testified that while the fall made Mr. Schulle bedridden and possibly shortened his life by causing him to refuse aggressive cancer treatment, it did not aggravate or accelerate his pre-existing cancer. The court affirmed the judgment, finding the evidence of a causal connection between the fall and death from cancer to be speculative and conjectural, thus upholding the directed verdict.

Workers' CompensationProducing CauseCancerOn-the-job InjuryDirected VerdictAppealMedical TestimonyPre-existing ConditionCausationLumbar Fracture
References
4
Case No. 2017-08-0407
Regular Panel Decision
Oct 10, 2018

Person, Michael v. Guardian Industries Corp.

Michael Person, an employee of Guardian Industries, sought additional medical benefits for a neck injury sustained while lifting a pump. He received care from neurosurgeon Dr. John Brophy, who initially attributed over 51% of his ongoing symptoms to pre-existing cervical spondylosis, making the claim non-work-related. After clarification requests, Dr. Brophy later stated the work injury 'more likely than not' caused an aggravation of the pre-existing condition. However, further deposition clarified that the pre-existing spondylosis accounted for over 51% of his ongoing symptoms. The Court, comparing this to prior cases like Vercek and Willis, found Mr. Person failed to prove he was likely to prevail, as Dr. Brophy related the current need for treatment more to the pre-existing condition than the work injury aggravation. Consequently, the Court denied the requested additional medical benefits.

Workers' CompensationExpedited HearingMedical BenefitsPre-existing ConditionCausationCervical SpondylosisRadiculopathyAggravationBurden of ProofNeurosurgeon Opinion
References
4
Case No. 2016-03-0523
Regular Panel Decision
Nov 30, 2016

Hanneken, Kevin v. Consolidated Nuclear Services, LLC

Mr. Kevin Hanneken, a 61-year-old machinist, sought workers' compensation for binaural hearing loss, claiming his employer, Consolidated Nuclear Services, LLC (CNS), was liable for an aggregate 14% permanent medical impairment, which included a pre-existing 5% impairment. The central legal issue was CNS's liability for this pre-existing condition, given that Mr. Hanneken had an ascertainable rating at the start of his employment. The court ruled that the 'last injurious injury' rule does not apply under the Workers' Compensation Reform Act of 2013 when a pre-existing impairment is readily ascertainable. Consequently, the court found CNS not liable for Mr. Hanneken's pre-existing 5% hearing loss. Mr. Hanneken was awarded nine percent permanent partial disability for the increase in hearing loss during his employment with CNS, amounting to $34,749.00 in benefits, along with medical treatment for his bilateral hearing loss.

Hearing LossOccupational Noise ExposurePre-existing ConditionLast Injurious Injury RuleTennessee Workers' Compensation Reform Act of 2013Permanent Partial DisabilityMedical ImpairmentCausationEmployer LiabilityMachinist
References
5
Case No. ADJ8518473
Regular
Apr 15, 2015

Gregory Oyler vs. COUNTY OF SONOMA, NORTHERN CLAIMS MANAGEMENT

Applicant sought workers' compensation for kidney cancer, invoking a presumption under Labor Code section 3212.1 due to alleged exposure to benzene as a deputy sheriff. The agreed medical evaluator opined that the cancer's established latency period (11-30+ years) and the applicant's history of tobacco use and hypertension rebutted this presumption. The Board affirmed the WCJ's finding that the presumption was rebutted, as the expert's opinion on latency and pre-existing risk factors constituted substantial evidence. Therefore, the applicant's claim for kidney cancer was denied compensation.

Workers' Compensation Appeals BoardGregory OylerCounty of SonomaNorthern Claims ManagementADJ8518473Deputy SheriffKidney CancerLabor Code section 3212.1Peace OfficerBenzene
References
0
Case No. MISSING
Regular Panel Decision

Matthews v. Hardaway Contracting Co.

Matthews sought workers' compensation after sustaining an abdominal injury that aggravated a pre-existing hernia while commuting to work in a company truck. The defendants demurred, arguing that a 1941 amendment to the Tennessee Workmen’s Compensation Act barred compensation for pre-existing hernias. The trial court sustained the demurrer and dismissed the petition. On appeal, the Court affirmed, holding that the amendment explicitly requires proof that a hernia did not exist prior to the accident, thereby precluding recovery for the aggravation of a pre-existing condition, irrespective of the Act's general liberal construction.

Workers' CompensationHerniaPre-existing ConditionStatutory InterpretationDemurrerAggravation of InjuryAppellate ReviewTennessee LawPublic Acts of 1941Employer Liability
References
5
Case No. MISSING
Regular Panel Decision
Mar 23, 2000

Ramnarine v. Memorial Center for Cancer & Allied Diseases

Jagdeo Ramnarine, an employee of Memorial Sloan-Kettering Cancer Center, suffered a laceration at the Memorial Center for Cancer and Allied Diseases. He subsequently filed a negligence lawsuit. The defendant, Memorial Center, moved for summary judgment, arguing that the plaintiff's claim was barred by the Workers’ Compensation Law § 11, as both the Center and the Hospital operate as a single integrated employer despite their separate legal entities. The Supreme Court initially denied this motion. However, the appellate court reversed the decision, granting summary judgment to the defendant. The court found substantial evidence supporting the integrated employer argument, thereby limiting the plaintiff's remedy to workers' compensation benefits and dismissing the complaint and all cross-claims against the defendant.

Workers' Compensation ExclusivityIntegrated Employer DoctrineSummary Judgment ReversalNegligence ClaimCross Claims DismissedCorporate Alter EgoCommon ControlBronx CountyAppellate DivisionLabor Law
References
11
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