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

Case No. NO. 03-06-00631-CV
Regular Panel Decision
Mar 26, 2009

Samuel Campos v. Texas Property & Casualty Insurance Guaranty Association for Reliance National Indemnity Company, an Impaired Carrier

Samuel Campos, an employee, was injured on the job, leading to disputes over his impairment rating and reimbursement for travel expenses. The Texas Workers’ Compensation Commission affirmed a designated doctor's 6% impairment rating and denied travel expenses, which Campos challenged in court. The case involved the Texas Property & Casualty Insurance Guaranty Association (TPCIGA) because Campos's employer's insurer became impaired. Initially filed in Winkler County, the case was transferred to Travis County, where TPCIGA was granted summary judgment. The Third District Court of Appeals reversed the summary judgment, ruling that the Workers' Compensation Act's specific mandatory venue provision, which places venue in the county of the employee's residence at the time of injury (Winkler County), overrides the Guaranty Act's general venue provision, which would place it in Travis County. The court remanded the case with instructions to transfer it to Winkler County.

Workers' CompensationVenue DisputeMandatory VenueStatutory ConstructionTexas Labor CodeTexas Insurance CodeImpairment RatingTravel Expenses ReimbursementJudicial ReviewAppellate Procedure
References
12
Case No. 03-06-00404-CV
Regular Panel Decision
Mar 06, 2007

Johnnie M. Charles v. Texas Property and Casualty Insurance Guaranty Association, on Behalf of Phico Insurance Company, an Impaired Carrier

This case involves a restricted appeal filed by Johnnie M. Charles from a trial court's order dismissing her cause without prejudice. Charles initially appealed a Texas Workers' Compensation Commission decision regarding her impairment rating. After a venue transfer to Travis County, her case was dismissed for failure to pay filing fees. A nunc pro tunc order was later issued to correct a clerical error in the cause number of the original dismissal order. Charles appealed, citing errors in the dismissal, the lack of a court reporter, and the original hearing. The appellate court affirmed the dismissal, ruling that Charles's challenges to the original dismissal were untimely and that no error occurred in the nunc pro tunc order, which merely corrected a clerical error without altering the original judgment's substance.

restricted appealdismissal without prejudicenunc pro tunc orderclerical errorwant of prosecutionappellate jurisdictiontimeliness of appealTexas Rules of Civil ProcedureTexas Rules of Appellate Procedureworkers' compensation
References
13
Case No. 03-08-00483-CV
Regular Panel Decision
Mar 19, 2010

Texas Property and Casualty Insurance Guaranty Association for Reliance National Insurance Company, an Impaired Company v. Doris J. Toberny

Doris J. Toberny, an exhibit decorator, injured her back on the job in May 2000, leading to spinal-fusion surgery that also corrected pre-existing scoliosis. Initially, her employer's insurer, Texas Property and Casualty Insurance Guaranty Association for Reliance National Insurance Company ('the Company'), paid for the surgery. However, in December 2001, the Company disputed the claim, asserting the injury was only a lower back strain and not the cause of her scoliosis. After a designated doctor assigned Toberny a 25-percent impairment rating in 2002, the Company paid supplemental income benefits for eight quarters. Three years later, in September 2005, the Company sought to dispute her impairment rating and discontinue benefits, claiming her pre-existing conditions were not compensable. The Division of Workers’ Compensation and the district court found that the Company had waived its right to contest the impairment rating under former rule 130.102(g) due to late dispute filing, and affirmed Toberny's 25-percent impairment rating and entitlement to benefits. The Texas Court of Appeals affirmed the trial court's judgment, upholding the validity of rule 130.102(g) and the finding of waiver, thus confirming Toberny's impairment rating and attorney's fees.

Workers' CompensationImpairment Rating DisputeSupplemental Income BenefitsWaiver DoctrineCompensability of InjuryExtent of InjuryJudicial Review of Agency DecisionTexas Appeals CourtAdministrative Rule ValidityMaximum Medical Improvement
References
12
Case No. 2016-03-0413
Regular Panel Decision
Oct 05, 2017

Dodson, Deborah v. LHC Group

Deborah Dodson, an employee of LHC Group, injured her left ankle and right knee in May 2015. She underwent knee surgery and was placed at maximum medical improvement by Dr. Johnson. She later developed small fiber neuropathy, and despite a referral, faced difficulties obtaining a neurologic impairment evaluation. The Court granted Ms. Dodson's request for a neurologic impairment evaluation, either by Dr. Butler or another neurologist, referring Dr. Butler to the Penalty Program for failure to provide an impairment opinion. However, the Court denied her claim for additional temporary total disability benefits, finding she reached MMI on March 23, 2017, when Dr. Butler ceased active treatment.

Workers' CompensationNeurologic Impairment EvaluationTemporary Total Disability BenefitsMaximum Medical ImprovementSmall Fiber NeuropathyPain ManagementExpedited HearingMedical TreatmentImpairment RatingPenalty Program
References
3
Case No. MISSING
Regular Panel Decision

the Claim of Brigandi v. Town & Country Linoleum & Carpet

This case involves an appeal by an employer and its compensation carrier against decisions made by the Workers’ Compensation Board. The decedent, a carpet layer, died from cardiac arrest during work, with an autopsy revealing underlying coronary atherosclerotic disease. His widow was awarded death benefits. The employer’s carrier sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 15 (8), asserting a preexisting permanent physical impairment. However, the Board determined that there was no evidence that the decedent’s heart condition hindered his job potential before his death, thus releasing the Special Disability Fund from liability and holding the compensation carrier responsible. The employer's subsequent application for reconsideration was denied by the Board, leading to these appeals. The appellate court affirmed the Board's decisions, concluding that the Board rationally found no proof that the decedent's heart disease impaired his job potential, a necessary condition for reimbursement under WCL § 15 (8) (d).

Special Disability FundPreexisting Permanent ImpairmentCardiac ArrestCoronary Atherosclerotic DiseaseDeath Benefits ClaimEmployer ReimbursementCarrier LiabilityBoard Decision ReviewAppellate AffirmationMedical Evidence Interpretation
References
2
Case No. MISSING
Regular Panel Decision

Jeffers v. Sterling Garrett Coal Co.

The case involves an appeal by a plaintiff, Mr. Jeffers, whose claim for permanent total disability due to coal worker’s pneumoconiosis was denied by the trial court. The appellate court reviewed whether the trial court applied the correct legal standards, specifically those mandated by T.C.A., § 50-1102 which incorporates federal regulations. While medical experts for the plaintiff diagnosed pneumoconiosis and disability, the defendant's expert attributed the major cause of the plaintiff's pulmonary impairment to cigarette smoking and emphysema. The court affirmed the trial court's dismissal, finding material evidence supported the conclusion that the plaintiff's respiratory impairment did not primarily arise from employment in a coal mine, thereby rebutting the statutory presumption of disability due to pneumoconiosis.

PneumoconiosisCoal Miner DisabilityWorkmen's CompensationOccupational DiseaseTotal DisabilityFederal Coal Mine Health and Safety ActRebuttable PresumptionMedical EvidenceEmphysemaCigarette Smoking
References
7
Case No. MISSING
Regular Panel Decision

Union Carbide Corp. v. Synatzske

Justice Evelyn V. Keyes dissents from an en banc judgment affirming the denial of Union Carbide Corporation's motion to dismiss wrongful-death claims brought by the Emmites. The case concerns the death of Joseph Emmite, Sr., attributed to asbestos exposure, and the application of Civil Practice and Remedies Code Chapter 90, which mandates specific medical evidence for asbestos-related impairment claims. Justice Keyes argues that Chapter 90 is constitutional as applied, contending that the Emmites' "historic" pulmonary function test results were irrelevant and did not satisfy the statutory requirements. She believes the statute correctly bars claims from individuals without functional impairment, thus preserving resources for seriously ill claimants as intended by the Texas Legislature.

Asbestos LitigationWrongful DeathStatutory InterpretationConstitutional LawRetroactive ApplicationCivil Practice and Remedies CodePulmonary ImpairmentAsbestosisPublic InterestVested Rights
References
2
Case No. 3-92-298-CV
Regular Panel Decision
Apr 07, 1993

Receiver for Citizen's National Assurance Company, an Impaired Company v. Johnny Ray Hatley

This case involves an appeal by the Receiver for Citizen's National Assurance Company (appellant) against Johnny Ray Hatley (appellee) regarding workers' compensation benefits. Hatley was injured in a truck accident and received a third-party settlement, part of which went to the Receiver. The Receiver had signed a release of all claims and rights but argued that the settlement should be treated as an advance against future workers' compensation benefits under former article 8307, section 6a of the workers' compensation law, contending the release was not legally effective or lacked consideration. The Court of Appeals affirmed the trial court's judgment in favor of Hatley, ruling that the release constituted a specific waiver by the Receiver of its statutory rights and was supported by valid consideration.

Workers' Compensation LawThird-Party LiabilitySettlement AgreementStatutory OffsetContractual ReleaseConsideration in ContractsSubrogation WaiverReimbursement RightsAppellate ReviewTravis County District Court
References
7
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. 01-01-00812-CV
Regular Panel Decision
Jan 09, 2003

the Texas Property and Casualty Insurance Guaranty Association for Reliance National Indemnity Company, an Impaired Insurer v. Martell Guillot

The Texas Property and Casualty Insurance Guaranty Association, acting for Reliance National Indemnity Company, appealed a summary judgment in favor of Martell Guillot. Reliance sought to claim statutory subrogation rights over proceeds from a 1995 lawsuit where Guillot was awarded $30,000 for a non-work-related automobile accident. Reliance argued that a portion of this award covered medical and income benefits it paid for Guillot's subsequent 1996 work-related injury. The appellate court affirmed the trial court's decision, holding that the defendant in the 1995 lawsuit was not liable for Guillot's compensable injury. The court concluded that the jury's award in the 1995 lawsuit was exclusively for the 1994 accident, thereby preventing a double recovery, and denied Reliance's claim.

Workers' CompensationSubrogation RightsSummary Judgment AppealThird-Party LiabilityAutomobile AccidentCompensable InjuryDouble Recovery PreventionInsurance Guaranty AssociationAppellate ReviewTexas Labor Code
References
5
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