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Case Law Database

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

Case No. 02-19-00224-CV
Regular Panel Decision
Jan 14, 2021

John Ellis v. Dallas Area Rapid Transit

John Ellis appealed a trial court's judgment affirming a Texas Department of Insurance (TDI) decision in his workers' compensation case against Dallas Area Rapid Transit (DART). Ellis claimed a 2014 motor-vehicle accident aggravated preexisting injuries, including a right-shoulder rotator-cuff tear and right-wrist tendinitis. However, medical examiners, including a designated doctor, concluded that only cervical, shoulder, and wrist sprains/strains were compensable, while the disputed conditions were preexisting or inconsistent with the 2014 injury. The trial court upheld TDI's finding that the compensable injury did not extend to the rotator-cuff tear and tendinitis, and the appellate court affirmed the trial court's judgment, finding sufficient evidence to support its conclusion.

Workers' CompensationMedical CausationPreexisting InjuryAppellate ReviewLegal SufficiencyExpert Medical EvidenceTexas LawOn-the-Job InjuryRotator Cuff TearWrist Tendinitis
References
34
Case No. MISSING
Regular Panel Decision

Claim of Anderson v. New York City Department of Design & Construction

Claimant appealed a Workers' Compensation Board decision from April 25, 2013, which denied his application to include a partial right rotator cuff tear under his existing 2002 work-related injury claim. The Board found that claimant failed to establish a causal link between the 2002 automobile accident and the 2009 rotator cuff tear, despite the opinion of his orthopedist. The orthopedist acknowledged that age-related degeneration could cause such tears independently of trauma. The Appellate Division affirmed the Board's decision, concluding there was substantial evidence to support the finding that the orthopedist's testimony did not convincingly prove a causal relationship.

Rotator cuff tearCausal relationshipWorkers' CompensationMedical evidenceDisabilityWork-related injuryAutomobile accidentShoulder painOrthopedist opinionSubstantial evidence
References
4
Case No. W2024-00641-COA-R3-CV
Regular Panel Decision
May 23, 2025

Jacqueline Payne v. Shelby County, Tennessee

This is an appeal from a trial court's decision in an auto accident case where the plaintiff, Jacqueline Payne, was awarded damages for neck and back pain but denied damages for a torn rotator cuff. The trial court also denied Payne's motion to recuse the judge due to a childhood friendship between the judge's son and the defendant's counsel. The Court of Appeals affirmed the denial of the recusal motion, finding it untimely and meritless. However, the appellate court reversed the trial court's finding on causation for the rotator cuff injury, concluding that the evidence preponderated against the trial court's decision and supported that the injury was caused by the accident. The case is remanded for a determination of damages related to the shoulder injury.

Motor Vehicle CollisionPersonal Injury DamagesShoulder Injury CausationJudicial ImpartialityRecusal MotionMedical Expert TestimonyAppellate ReversalWhiplash InjurySoft Tissue InjuryOrthopedic Surgery
References
28
Case No. 518426
Regular Panel Decision
Oct 02, 2014

MatterofAndersonvNewYorkCityDepartmentofDesign&Construction

Donald Anderson, the claimant, sought workers' compensation benefits for injuries sustained in a 2002 work-related automobile accident. Initially, his claim was established for neck and back injuries, but in 2005, the Workers' Compensation Board determined he had no continuing disability, noting he was magnifying symptoms. In 2009, Anderson was diagnosed with a partial right rotator cuff tear, which he sought to include under his existing claim, alleging a causal link to the 2002 accident. The Board denied this application, finding a lack of established causal relationship. The Appellate Division affirmed the Board's decision, concluding that Anderson failed to present convincing evidence from his orthopedist or any other proof to establish the necessary causal connection between the 2002 accident and his right rotator cuff tear.

Workers' CompensationCausally Related InjuryRotator Cuff TearAutomobile AccidentMedical EvidenceDisability BenefitsAppellate ReviewShoulder InjurySubstantial EvidenceCausation
References
4
Case No. MISSING
Regular Panel Decision

Advo, Inc. v. Phillips

This worker's compensation appeal addresses a defendant's rotator cuff injury. The trial court initially awarded 15% permanent partial disability to the whole body but then amended its judgment to 40% permanent partial disability to the left arm, allowing the defendant to choose the compensation basis. The Special Workers’ Compensation Appeals Panel reviewed whether the injury was to a scheduled member or the body as a whole, and if the defendant had the right to elect. The panel concluded that the rotator cuff injury affected the body as a whole, not a scheduled member, and denied the defendant's option to elect. Consequently, the appellate panel modified the trial court's judgment, limiting the defendant to 15% permanent partial disability to the whole body, in line with statutory multipliers for employees who return to work with equal or greater wages.

Workers' CompensationRotator Cuff InjuryShoulder InjuryPermanent Partial DisabilityBody as a WholeScheduled Member InjuryDisability RatingMedical ImpairmentStatutory InterpretationAppellate Review
References
10
Case No. 2014-06-0097
Regular Panel Decision
May 14, 2015

Moseley, Carlton v. Vanderbilt Medical Center and Vanderbilt University

Carlton Moseley, an electrician for Vanderbilt Medical Center and Vanderbilt University, filed a Request for Expedited Hearing after experiencing right shoulder weakness following several weeks of lifting 55-inch monitors. Vanderbilt denied his claim, stating the injury did not arise out of employment. Medical reports, including an MRI, showed rotator cuff deficiency, osteoarthritis, and chronic tendon tears. The Workers' Compensation Judge found that Moseley proved a specific set of circumstances that could have caused the tear but lacked a definitive medical causation opinion. The Court granted the request, ordering Vanderbilt to schedule and pay for an additional evaluation with Dr. Quesada or an orthopedic specialist to determine medical causation for the right rotator cuff injury. If causation is established, Vanderbilt must provide continuing, reasonable, and necessary care.

Rotator Cuff InjuryShoulder PainMedical BenefitsExpedited HearingCausationPre-existing ConditionOsteoarthritisSelf-Insured EmployerBurden of ProofMedical Causation Opinion
References
2
Case No. 2016-07-0110 / 55195-2015
Regular Panel Decision
May 24, 2017

Bufford, Joe v. Northwest Human Resource Agency

Joe Bufford sustained a left shoulder injury while working for Northwest Tennessee Human Resource Agency, leading to a rotator cuff repair by Dr. Blake Chandler. A settlement agreement included future medical expenses. Bufford later experienced increased pain after lifting grandchildren and mopping at a new job, leading to a new partial rotator cuff tear. TML Risk Management Pool, the insurance carrier, denied further treatment, citing Dr. Chandler's inability to confirm a 100% causal link to the original injury. Despite Dr. John Kuhn's opinion that the symptoms were related, the Court, presided over by Judge Allen Phillips, denied Mr. Bufford's request for additional medical benefits, finding he did not establish by a preponderance of the evidence that the current need for treatment was causally related to his original injury.

Workers' CompensationMedical BenefitsCausationRotator Cuff InjurySettlement AgreementFuture Medical TreatmentPreponderance of EvidenceTreating Physician OpinionSecond OpinionPost-Settlement Claim
References
6
Case No. 2021-05-0344
Regular Panel Decision
May 02, 2022

Wilson, Scott v. American Paper & Twine Co.

The Court held an Expedited Hearing to determine if Mr. Wilson was entitled to medical treatment for carpal/cubital tunnel syndrome, which he alleged was a natural consequence of a compensable left-shoulder injury and subsequent rotator cuff repair surgery. Initially, Dr. Shaffer opined the condition was not attributable to the work injury. However, Dr. Paul Abbey, a hand specialist, diagnosed both carpal and cubital tunnel syndrome, stating it resulted from the prior rotator cuff surgery and was a contributing factor. Applying the 'direct and natural consequences rule,' the Court found Mr. Wilson's carpal/cubital tunnel syndrome was likely a natural consequence of his primary compensable shoulder injury, despite Dr. Abbey's inability to state it was greater than fifty percent responsible. Consequently, the Court granted benefits, ordering American Paper to continue providing medical treatment, including treatment with Dr. Abbey.

References
2
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rotating Components, Inc. & District 4, International Union of Electrical Workers, AFL-CIO

Petitioner moved to confirm an arbitration award, while Respondent cross-moved to vacate it, alleging imperfect execution and lack of a mutual, final, and definite award. The dispute arose from a collective bargaining agreement from December 1959, and a supplementary agreement from January 1960, which stipulated the assignment of the main agreement to a local union within 18 months, with arbitration if the assignment failed. The arbitrator issued an interim award on September 21, 1961, instructing the union to assign the agreement within 30 days. Upon the union's failure, the arbitrator, on October 29, 1961, assigned the agreement to a new local union to be formed for the employees of Rotating Components, Inc. The court found the arbitrator's award to be within his express powers and rejected the objection regarding the finality and definiteness of the award. Consequently, the court granted the petitioner's motion to confirm the award and denied the respondent's cross-motion to vacate it.

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award
References
2
Case No. LAO 854789
Regular
Oct 09, 2007

Juana Manriquez vs. KENVIN, INC., dba CORDOVAN & GREY LTD, STATE COMPENSATION INSURANCE FUND

The applicant sought extended temporary disability benefits, claiming a rotator cuff debridement during shoulder arthroscopy constituted an "amputation" under Labor Code section 4656(c)(2)(C). The Board denied reconsideration, affirming the WCJ's finding that "debridement" of an internal body part, like bone, does not meet the statutory definition of amputation. This definition requires the severance or removal of a limb or body appendage, conforming to the common understanding of the term.

Juana ManriquezKenvin IncState Compensation Insurance FundLAO 854789Petition for ReconsiderationAugust 6 2007 Findings and Ordershoulder arthroscopyamputationLabor Code section 4656(c)(2)(C)temporary disability
References
4
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