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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

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. 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. 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. 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. 2025-80-1847
Regular Panel Decision
Jan 28, 2026

LEE, ERICA V. AMAZON

The Court of Workers' Compensation Claims at Memphis held an expedited hearing for Erica Lee's request for additional medical and temporary disability benefits for a shoulder injury from July 11, 2023, while working at Amazon. Amazon denied the request, asserting her current symptoms were not caused by the work injury. Orthopedist Dr. Riley Jones diagnosed a partial rotator cuff tear and arthritis, determining the tear was more degenerative than traumatic and that her 4% impairment rating was not causally related to the Amazon injury. While Dr. David Buechner offered a conflicting opinion, the Court upheld Dr. Jones's presumed correct opinion as the authorized treating physician. The Court concluded that Ms. Lee failed to establish a causal connection for her current need for treatment and did not prove her period of disability, thus denying her requested benefits.

Shoulder injuryRotator cuff tearDegenerative conditionCausationMedical benefitsTemporary disability benefitsMaximum medical improvement (MMI)Impairment ratingAuthorized treating physicianExpedited hearing
References
2
Case No. MISSING
Regular Panel Decision
Sep 28, 2017

Barrett v. Berryhill

Plaintiff Brian Scott Barrett challenged the Commissioner of Social Security's denial of his disability benefits application. The Administrative Law Judge (ALJ) initially found Barrett not disabled, concluding he could perform light work despite impairments like a right knee meniscal tear, left shoulder rotator cuff tear, neck and low back degenerative disc disease, and depressive disorder. The Appeals Council denied review, making the ALJ's decision final. Barrett moved for judgment on the pleadings, arguing errors in weighing medical opinions, RFC determination, and credibility. The Court denied both motions for judgment on the pleadings and remanded the case to the ALJ, citing the ALJ's failure to properly apply the treating physician rule to Dr. Dowling's opinions and to clarify reliance on a Single Decisionmaker's RFC assessment.

Disability BenefitsSocial Security ActTreating Physician RuleAdministrative Law JudgeResidual Functional CapacityDepressive DisorderKnee InjuryShoulder InjuryBack PainNeck Pain
References
38
Case No. 2023-07-6858
Regular Panel Decision
May 29, 2024

Pond, Kayla v. DARDEN RESTAURANTS, INC.

Kayla Pond sustained a left-shoulder injury on October 25, 2021, while working for Darden Restaurants, Inc., leading to a labral tear and rotator cuff tear. Her treating physician, Dr. David Pearce, initially assessed a 7% impairment, later reduced to 6%, which he admitted was 'inflated' and did not strictly follow AMA Guides due to the inclusion of an incidental distal clavicle resection. Darden's records review physician, Dr. David Lochemes, countered with a 2% impairment, arguing that the AMA Guides explicitly prohibit rating incidental resections and that only work-related injuries should be considered. The Court, citing Hart v. Thyssenkrupp Elevator Corporation, found that Darden rebutted the presumption of correctness of Dr. Pearce's opinion regarding the causal relationship of the AC arthritis and resection. Ultimately, the Court adopted Dr. Lochemes's 2% impairment rating, concluding that Dr. Pearce's assessment did not adhere to the AMA Guides, and awarded Ms. Pond $8,254.72 in permanent partial disability benefits.

Left Shoulder InjuryLabral TearRotator Cuff TearDistal Clavicle ResectionAMA GuidesImpairment Rating DisputeCausation of InjuryTreating Physician Presumption RebuttalPermanent Partial Disability BenefitsMedical Expert Testimony
References
2
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. 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
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