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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

Bryant v. Genco Stamping & Mfg. Co., Inc.

Bernard Bruce Bryant, a 46-year-old machinist, suffered from pre-existing panic disorder, agoraphobia, and major depressive disorder, as well as blindness in his right eye. In 1996, while employed by Genco, he sustained a work-related shoulder injury. Treatment for this injury, specifically anesthesia during surgery, severely aggravated his pre-existing mental conditions, rendering him permanently and totally disabled. The trial court initially found Genco and the Second Injury Fund liable, apportioning benefits. However, the Special Workers’ Compensation Appeals Panel reversed the Second Injury Fund's liability, holding that Tennessee Code Annotated section 50-6-208(a), which concerns "permanent physical disability," does not apply to pre-existing mental disorders. The Tennessee Supreme Court affirmed the Panel's decision, ruling that section 50-6-208(a) applies only to physical disabilities, thereby holding Genco fully liable for Mr. Bryant's permanent total disability benefits, which included both his physical and aggravated mental disabilities.

Workers' Compensation LawPre-existing Mental DisabilityPermanent Physical DisabilitySecond Injury Fund LiabilityStatutory InterpretationAggravation of InjuryShoulder InjuryMental Health ConditionsEmployer ResponsibilityVocational Impairment
References
8
Case No. MISSING
Regular Panel Decision

Thomas v. Aetna Life & Casualty Co.

Arnold Rae Thomas, an employee of J.T. Baker Chemical Company, sustained a back injury on March 17, 1986, while at work, leading to an award of 52% permanent partial disability by the trial court. This disability comprised 40% for physical impairment and 12% for the aggravation of a pre-existing mental condition. The employer appealed, contesting the credibility of the employee's medical evidence and arguing that the evidence did not support the award. The case involved conflicting testimonies from several medical experts regarding the causation and extent of the disability, including discussions on pre-existing mental health issues. The appellate court affirmed the trial court's judgment, concluding that the evidence did not preponderate against the trial court's findings, especially concerning the aggravation of a pre-existing condition by the work-related injury.

Workers' CompensationPermanent Partial DisabilityBack InjuryAggravation of Pre-existing ConditionMental Health ImpairmentBipolar DisorderMedical Expert TestimonyAppellate ReviewCausationEvidence Preponderance
References
10
Case No. 2017-06-0526
Regular Panel Decision
Nov 27, 2017

Edwards, Glenda v. Fred's Pharmacy

Glenda Edwards sought medical and temporary disability benefits for a psychological injury she alleged resulted from a work-related shoplifting incident at Fred's Pharmacy. Fred's Pharmacy initially denied benefits, arguing the psychological injury did not arise from the incident and that Ms. Edwards had pre-existing conditions. The Court found Ms. Edwards likely to prevail, concluding that the shoplifting incident, where she was assaulted, exacerbated her pre-existing mental health conditions and qualified as a compensable injury. Due to the employer's failure to provide a panel of physicians, the Court appointed Dr. Oleksandr Osipchuk as the authorized treating physician. Consequently, Fred's Pharmacy was ordered to provide continuing medical treatment and accrued temporary total disability benefits for a specific period.

Workers' CompensationPsychological InjuryPTSDShoplifting IncidentExacerbation of Pre-existing ConditionTemporary Disability BenefitsMedical BenefitsUnauthorized PhysicianPanel of PhysiciansTennessee
References
6
Case No. 2018-01-0702
Regular Panel Decision
Dec 16, 2019

Mollica, Gena M. v. EHHI Holdings, Inc. DBA Advanced Home Care Management, Inc. DBA Encompass Home Health

Ms. Mollica requested medical and temporary disability benefits from EHHI Holdings, Inc., which had accepted her back injury but failed to provide orthopedist treatment and denied her claim that the medication Lyrica aggravated a pre-existing mental condition. The Court found Ms. Mollica entitled to the requested benefits. It ordered EHHI to authorize psychiatric evaluation with Dr. Sandvi and orthopedic treatment with Dr. Caputo, reimburse out-of-pocket medical expenses incurred for her mental condition, and pay past and ongoing temporary total disability benefits. Additionally, EHHI was required to respond regarding a potential twenty-five percent penalty for non-payment of temporary disability benefits.

Temporary Total DisabilityMedical Treatment AuthorizationPre-existing Mental Health ConditionDrug AggravationLyrica Side EffectsPsychiatric EvaluationOrthopedic ReferralCausation StandardPhysician Opinion PresumptionPenalty for Non-payment
References
2
Case No. 2016-08-0124
Regular Panel Decision
Jun 01, 2016

Parker, Janice v. Regional Health

This Expedited Hearing Order addresses Janice Parker's claim for medical and temporary disability benefits due to a mental injury. Ms. Parker, an orthopedic technician at Regional One Health, experienced a traumatic event where an inmate patient lunged at an officer, who then drew her weapon, making Ms. Parker feel trapped and fear for her life. The employer denied the claim, arguing the event was not unexpected for the workplace. However, the Workers' Compensation Judge found that Ms. Parker presented sufficient evidence to establish a likely compensable mental injury caused by a sudden and unexpected mental stimulus, which also aggravated her pre-existing anxiety. Consequently, the court ordered Regional One Health to provide medical benefits for psychiatric treatment and temporary total disability benefits commencing from the date of the incident.

Workplace ViolenceMental InjuryPTSDAnxiety DisorderExpedited HearingMedical BenefitsTemporary DisabilityPre-existing ConditionCompensabilityMedical Causation
References
9
Case No. 3-90-002-CV
Regular Panel Decision
Aug 28, 1991

Texas Department of Mental Health and Mental Retardation v. Opal Petty, by Herself and Through Her Next Friends, and Linda Kaufman and Herbert Clinton Denson, as Next Friends of Opal Petty

Opal Petty, through her next friends, sued the Texas Department of Mental Health and Mental Retardation for personal injuries caused by employee negligence, recovering a $250,000 judgment. Both parties appealed. The Court of Appeals, Third District of Texas, addressed whether medical records and plans constituted 'tangible personal property' under the Texas Tort Claims Act, if the Department had actual notice of the injury, and the constitutionality of the statutory damages cap and pre-judgment interest. The court affirmed the trial court's judgment, holding that the items were tangible property, actual notice was met, and the damage limit was constitutional. Ms. Petty's cross-points regarding additional damages and pre-judgment interest were overruled.

Governmental immunityTexas Tort Claims ActPersonal injuryNegligenceMental health careMental retardationTangible propertyActual noticeFalse imprisonmentDamages limitation
References
45
Case No. 04-99-00603-CV
Regular Panel Decision
Oct 31, 2001

Texas Department of Mental Health & Mental Retardation v. Rodriguez

Diana Rodriguez, a case worker at Laredo State Center (LSC), reported potential civil rights violations in Starr County regarding civil commitment procedures. Following her report, Rodriguez experienced several alleged adverse personnel actions: a "Thurston letter" (disciplinary notice), a "below standards" performance evaluation, and a transfer from the Crisis Intervention Unit (CIU) to a rehabilitation program. She filed a whistle-blower lawsuit against the Texas Department of Mental Health and Mental Retardation (MHMR), alleging these actions were retaliatory. The jury found in her favor, but MHMR appealed. The Court of Appeals reviewed the legal and factual sufficiency of the evidence, particularly regarding the causal link between Rodriguez's report and the adverse actions. The majority found insufficient evidence of causation, concluding that the actions would not have occurred regardless of her report, and thus reversed the judgment and rendered judgment in MHMR's favor. A dissenting opinion argued that sufficient circumstantial evidence existed to support the jury's finding of causation.

WhistleblowerRetaliationAdverse Personnel ActionCausationLegal SufficiencyFactual SufficiencyTexas Government CodeMental AnguishPublic EmployeeDue Process
References
9
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. MISSING
Regular Panel Decision

Savastano v. Sundram

Petitioner, Mental Health Legal Services, sought an order to restrain the Commission on Quality Care for the Mentally Disabled from operating surrogate decision-making panels with less than four members, as statutorily required by Mental Hygiene Law article 80. The Commission, responsible for a two-year experimental SDMC program aimed at expediting medical treatment decisions for mentally ill patients, had operated some panels with only three members, invoking the General Construction Law's quorum rule. Justice Sondra Miller found a clear legislative intent for four distinct panel members, rejecting the quorum rule's applicability to these adjudicative functions. The court granted the petition, enjoining the Commission from operating under-staffed panels and suggested legislative modification to address practical difficulties.

Mental Health LawSurrogate Decision-MakingPanel CompositionStatutory InterpretationQuorum RuleInjunctive ReliefMental Hygiene Law Article 80Administrative LawJudicial ReviewLegislative Intent
References
1
Case No. 2017-08-0772
Regular Panel Decision
Apr 04, 2018

Wallis, Jeff v. Baptist Memorial Hospital

Mr. Jeff D. Wallis sought medical and temporary disability benefits for a back injury sustained while lifting a patient for Baptist Memorial Hospital. The employer denied the claim, asserting the injury was not work-related due to a pre-existing lumbar fusion. Conflicting medical opinions arose between Dr. Lovell, who believed the issue stemmed from a pre-existing non-union, and Dr. Camillo, who linked a broken screw in Wallis's spine directly to the work incident. The Court accredited Dr. Camillo's opinion, finding it more probable and consistent with Mr. Wallis's credible testimony of immediate pain and prior lack of symptoms. Consequently, the Court granted Mr. Wallis's request for medical and temporary partial disability benefits, designating Dr. Camillo as the authorized treating physician.

Workers' CompensationBack InjuryLumbar FusionPseudoarthrosisBroken ScrewCausationMedical EvidenceTemporary DisabilityMedical BenefitsExpedited Hearing
References
5
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