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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Mayes v. City of Midland

In a Worker’s Compensation Act case, the jury found a specific injury (permanent partial loss of use of the left hand) but no general injury, despite the worker's assertion of a general injury affecting the sympathetic nervous system. The Appellant, a Midland City police officer, suffered an injury to his hand/wrist while on duty, leading to symptoms like reflex sympathetic dystrophy. The appellate court found that the trial court erred in its jury charge by improperly defining 'general injury' and by submitting specific injury issues in a manner that constituted an improper comment on the weight of the evidence and misallocated the burden of proof. The judgment is reversed, and the case is remanded for a new trial consistent with this opinion.

Worker's CompensationJury Charge ErrorGeneral InjurySpecific InjuryReflex Sympathetic DystrophyRemandAppellate ReviewMedical EvidenceNerve InjuryTexas Law
References
9
Case No. SBR 0299490
Regular
Feb 25, 2008

DELILAH AVILA vs. DYNCORP, AMERICAN HOME ASSURANCE, AIG CLAIM SERVICES

The Workers' Compensation Appeals Board granted reconsideration and awarded applicant home health care services based on a diagnosis of industrially-related reflex sympathetic dystrophy (RSD), reversing a prior ruling. The Board affirmed the denial of attorney's fees under Labor Code § 5814.5, finding no unreasonable delay in compensation payment. Issues regarding the duration, provider, and rate of home health care were deferred for further determination.

Reflex sympathetic dystrophyComplex regional pain syndromeHome health careExpedited hearingPetition to reopenQualified medical evaluatorTreating physicianActivities of daily livingLabor Code § 5814.5Attorney's fees
References
0
Case No. POM 0245397
Regular
Mar 10, 2008

RUDOLPH FIERRO vs. J. O. STILES, INC., CONTINENTAL CASUALTY COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original finding of 100% permanent disability for industrial injuries to the applicant's knees, hips, feet, spine, right upper extremity, and reflex sympathetic dystrophy. The Board found that the treating physician's extensive medical opinions and the vocational rehabilitation expert's testimony adequately supported the 100% disability finding, despite the defendant's reliance on an Agreed Medical Evaluator's opinion. The Board emphasized that it is not bound by an AME's opinion and can give it less weight if other evidence is more persuasive.

Reflex sympathetic dystrophyAgreed Medical EvaluatorPetition for reconsiderationPermanent disabilityVocational rehabilitationIndustrial injuryTreating physicianMultiple diagnosesLumbar radiculopathySpinal cord stimulator
References
12
Case No. 02-11-00147-CV
Regular Panel Decision
Apr 26, 2012

Charter Oak Fire Insurance Company v. Gene Swanigan

This case involves an appeal by Charter Oak Fire Insurance Company regarding a workers' compensation claim filed by Gene Swanigan. Swanigan sustained a work-related finger injury on May 18, 2006, subsequently diagnosed as Reflex Sympathetic Dystrophy (RSD)/Complex Regional Pain Syndrome (CRPS) by his treating physicians. While Charter Oak accepted the initial injury, it disputed the extension to RSD/CRPS, leading to administrative and district court proceedings. A jury in Tarrant County found Swanigan's injury to be the producing cause of his condition. On appeal, the Second District of Texas, Fort Worth, affirmed the trial court's judgment, concluding that legally sufficient evidence supported the jury's findings.

Workers' CompensationReflex Sympathetic DystrophyComplex Regional Pain SyndromeMedical CausationExpert WitnessSufficiency of EvidenceJury FindingPain ManagementWorkplace InjuryInsurance Dispute
References
27
Case No. 2018 NY Slip Op 06837
Regular Panel Decision
Oct 11, 2018

Matter of Torres v. St. Luke's Roosevelt Hosp.

Londa Torres, a nurse, sustained work-related injuries including carpal and cubital tunnel syndromes and reflex sympathetic dystrophy in 2008. In 2013, she was classified with a permanent partial disability with a 57.5% loss of wage-earning capacity. In 2015, claimant sought reclassification to a permanent total disability due to worsening conditions, which was denied by the Workers' Compensation Law Judge and subsequently upheld by the Workers' Compensation Board. The Appellate Division, Third Department, affirmed the Board's decision, finding that substantial record evidence supported the determination that claimant failed to demonstrate a sufficient change in her medical condition to warrant reclassification, despite testimony from her treating physicians, as conflicting medical opinions were resolved by the Board.

Workers' CompensationPermanent Partial DisabilityPermanent Total DisabilityReclassificationMedical ConditionReflex Sympathetic DystrophyCarpal Tunnel SyndromeCubital Tunnel SyndromeAppellate ReviewBoard Decision
References
8
Case No. MISSING
Regular Panel Decision

Feliciano-Delgado v. New York Hotel Trades Council & Hotel Ass'n of New York City Health Center, Inc.

Iraida Feliciano-Delgado, a nurse at Health Center Family Medical Office, sued her employer and co-employee physicians for medical malpractice, alleging their negligence in diagnosing and treating her Reflex Sympathetic Dystrophy. The defendants moved for summary judgment, asserting the claim was barred by Workers’ Compensation Law § 29 (6), the "fellow-employee rule." The Supreme Court, Bronx County, denied this motion. The Appellate Division reversed, holding that despite the Health Center offering services to a segment of the general public (union members), Feliciano-Delgado received treatment as an employee, not a member of the public, thereby triggering the exclusive remedy provision of the Workers’ Compensation Law. The court concluded that the action for medical malpractice was barred.

Workers' Compensation LawExclusive Remedy DoctrineFellow-Employee RuleMedical MalpracticeSummary Judgment AppealReflex Sympathetic DystrophyAppellate ReversalEmployer Medical ServicesEmployee Benefit LitigationNegligence Claim
References
10
Case No. ADJ9466180
Regular
Sep 28, 2017

Erin Inman vs. VENTURA REGIONAL SANITATION DISTRICT

The applicant, Erin Inman, seeks reconsideration of a prior award finding 73% permanent disability due to a cumulative trauma injury to her left wrist resulting in reflex sympathetic dystrophy (RSD). She contends she is totally disabled, citing the Agreed Medical Examiner (AME) Dr. Sohn's opinion that she cannot use either hand and is therefore conclusively presumed totally disabled under Labor Code section 4662(a). The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record. The Board found Dr. Sohn's opinion on total disability was not yet definitive as he repeatedly recommended a pain management evaluation and reserved judgment pending its outcome. Therefore, the determination of permanent disability and attorney fees is deferred pending a pain management evaluation and subsequent opinion from the AME.

Reflex Sympathetic DystrophyCumulative TraumaPermanent Total DisabilityAgreed Medical ExaminerPain Management PhysicianBody Parts AffectedLabor Code Section 4662Permanent Disability RatingMedical Record DevelopmentPetition for Reconsideration
References
3
Case No. MISSING
Regular Panel Decision

Wilhelm v. Krogers

Michael Wilhelm, a case picker for Krogers, suffered a back and left hip injury in 2004, which he alleged was a direct result of a prior compensable Achilles tendon rupture in 1999, causing him to walk with a limp and develop Reflex Sympathetic Dystrophy (RSD). The trial court initially awarded him 35% permanent partial disability. The Special Workers’ Compensation Appeals Panel affirmed, deeming the injury idiopathic but compensable due to employment hazards. However, the higher court reversed, ruling that the 2004 injuries were not compensable as they did not arise out of employment (walking on a level, obstacle-free surface is not a special hazard). Furthermore, the court determined that the lump-sum settlement for the 1999 injury barred recovery for the subsequent complications, as they were a natural and probable result of the initial impairment and were contemplated at the time of settlement.

Workers' Compensation LawIdiopathic FallPre-existing Medical ConditionReflex Sympathetic DystrophyLump Sum Settlement AgreementCausal ConnectionArising Out Of EmploymentCourse of EmploymentSpecial Hazard ExceptionSubsequent Injury Claims
References
25
Case No. MISSING
Regular Panel Decision

Claim of Robinson v. Holiday Showcase Restaurants, Inc.

Claimant sustained a left knee injury in 1995, later including reflex sympathetic dystrophy (RSD). Indemnity benefits were settled in 2002 with a $27,000 lump-sum payment, with the employer's carrier retaining liability for medical treatment. In 2005, the carrier sought to transfer medical liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The Workers’ Compensation Board denied this, ruling that the three-year lapse period from the last compensation payment had not passed, as the lump-sum settlement was allocated to extend benefits until December 31, 2008, under Workers’ Compensation Law § 25-a (7). This appellate court affirmed the Board's decision, rejecting the carrier's argument that § 25-a (7) applies only to nonschedule adjustment settlements and found no basis to disturb the Board's conclusion.

Workers' CompensationSpecial Fund for Reopened CasesLump Sum SettlementMedical LiabilityIndemnity BenefitsReflex Sympathetic DystrophyStatutory InterpretationAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Miles v. Marshall C. Voss Health Care Center

Ada Miles, a 39-year-old licensed practical nurse, suffered a low back, right shoulder, and right arm injury while working in June 1991, later diagnosed as reflex sympathetic dystrophy by Dr. Berta M. Bergia. The trial court found Miles totally and permanently disabled and awarded discretionary costs, including a fee for vocational expert Dr. Craig Colvin. The employer, Marshall C. Voss Health Care Center, appealed the findings of causation and the award of discretionary costs. The Supreme Court of Tennessee affirmed the total permanent disability finding but remanded the case for the trial court to determine the portion of Dr. Colvin's fee attributable to his trial testimony, as only testifying fees are recoverable as discretionary costs under Tenn.R.Civ.P. 54.04(2).

Workers' CompensationDiscretionary CostsExpert Witness FeesVocational DisabilityReflex Sympathetic DystrophyPermanent Total DisabilityTrial Court DiscretionCausationMedical ExpensesAppellate Review
References
4
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