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

Case No. 2016-03-0298
Regular Panel Decision
Sep 13, 2018

Hollis, Aleceia v. Komyo America

Ms. Hollis, a material handler for Komyo America, sustained a work injury in January 2016, leading to a lumbar sprain and later a herniated disc. She sought various benefits, including temporary and permanent disability, and medical expenses for the herniated disc. The Court found that Ms. Hollis failed to establish by a preponderance of the evidence that her herniated disc arose primarily out of and in the course and scope of her employment. This decision was largely based on the authorized treating physician's opinion, Dr. Sanabria, which was presumed correct and deemed unrebutted by other medical experts' testimony. Consequently, the Court denied benefits related to the herniated disc but ordered Komyo America to provide ongoing reasonable and necessary medical care for her work-related lumbar strain.

Workers' CompensationLumbar StrainHerniated DiscCausation DisputePre-existing ConditionMedical Expert TestimonyPreponderance of EvidenceMaximum Medical ImprovementAuthorized PhysicianUnauthorized Treatment
References
1
Case No. MISSING
Regular Panel Decision

Murray Ohio Manufacturing Company v. Vines

William Eugene Vines, the plaintiff, sustained two work-related back injuries in 1967 and 1970 while employed by Murray Ohio Manufacturing Company. He was subsequently discharged in 1970 due to excessive absences. In 1971, a neurosurgeon diagnosed a ruptured disc, for which Vines underwent surgery. The defendant appealed a 40% permanent partial disability award and a ruling on the statute of limitations. The Supreme Court affirmed that the one-year statute of limitations began from the date of the ruptured disc diagnosis in 1971. However, the court found error in the trial judge's inclusion of pre-existing rheumatoid arthritis in the disability assessment, as it lacked causal connection to the work injuries. The case was remanded to the trial court for a recalculation of permanent partial disability, excluding the effects of rheumatoid arthritis.

Permanent Partial DisabilityRuptured DiscStatute of LimitationsMedical DiagnosisRheumatoid ArthritisAggravation of Pre-existing ConditionTrial Court Findings of FactAppellate ReviewMedical ExpensesWork Injury
References
16
Case No. MISSING
Regular Panel Decision

P & L Const. Co., Inc. v. Lankford

Billy Lankford, an employee of P & L Construction, sought workers' compensation benefits after suffering a ruptured disc. The injury occurred after he sneezed, but was attributed by the trial court to a prior incident where he was struck by a dump truck tailgate. P & L Construction and their insurer, Auto-Owners Insurance, appealed the award of medical expenses and disability benefits, arguing insufficient medical evidence and an incorrect calculation of Lankford's average weekly wage as he received no direct compensation. The appellate court affirmed the finding that the injury arose out of employment, concluding that medical testimony combined with lay testimony supported the connection between the tailgate accident and the subsequent disc rupture. Regarding wages, the court affirmed the maximum benefit award, reasoning that even without direct wages, Lankford's earnings could be estimated by compensation paid to a similar employee, which entitled him to the maximum benefits.

Workers' CompensationRuptured DiscEmployment InjuryAverage Weekly WageMedical EvidenceCausationClosely-Held CorporationEmployee ShareholderTennessee LawAppellate Review
References
5
Case No. 2018-06-0018
Regular Panel Decision
Jul 26, 2018

Coon, Gerald v. Commercial Warehouse and Cartage, Inc.

Gerald C. Coon, an employee, filed a request for temporary disability and medical benefits after an alleged back injury on September 22, 2017, due to a malfunctioning safety lanyard at Commercial Warehouse and Cartage, Inc. (CWC). Mr. Coon claimed continuous pain and denial of medical treatment by CWC. However, CWC witnesses testified Mr. Coon did not exhibit pain or request medical care until November 19, 2017. The Court found Mr. Coon's testimony not credible. Medical opinions varied, with Dr. Robert Carver, a panel physician, determining Mr. Coon's conditions (degenerative disc disease and lumbosacral radiculopathy) were not work-related. Dr. William M. Gavigan diagnosed a work-related lumbar strain but a non-work-related disc herniation. The Court credited Dr. Gavigan's opinion as most persuasive, confining the compensable injury to a lumbar strain, and found Mr. Coon unlikely to prevail on entitlement to additional medical treatment or temporary disability benefits, as no doctor took him off work for the strain. The Court, therefore, denied Mr. Coon's request for benefits.

Workers' CompensationBack InjuryLumbar StrainDegenerative Disc DiseaseLumbosacral RadiculopathyMedical CausationCredibility AssessmentExpedited HearingTemporary Disability BenefitsMedical Benefits
References
4
Case No. MISSING
Regular Panel Decision

Farmland Mutual Insurance Co. v. Alvarez

This workers' compensation case involved Farmland Mutual Insurance Company appealing a jury verdict in favor of Pedro Alvarez, who claimed total and permanent incapacity due to a work-related ankle injury that developed into a ruptured lumbar disc. Farmland contested the jury's findings on the good cause for Alvarez's delayed claim filing, the beginning date of total disability, and the wage rate. The appellate court affirmed the trial court's judgment, concluding that there was sufficient evidence to support the jury's findings, including Alvarez's belief that his injury was trivial and that his employer would prosecute his claim, which constituted good cause for the delay. The court also found no conflict in the jury's answers regarding total incapacity from the injury date and the good cause for late filing.

Workers' CompensationPermanent DisabilityTotal IncapacityGood CauseLate Claim FilingTrivial Injury BeliefJury VerdictMedical DiagnosisAnkle InjuryLumbar Disc Rupture
References
33
Case No. MISSING
Regular Panel Decision

George C. Vaughan & Sons v. Dyess

W. L. Dyess sued George C. Vaughan & Sons for personal injuries sustained from a fall due to a broken scaffold at the defendant's business. National Automobile & Casualty Insurance Company intervened to recoup workmen's compensation payments made to Dyess. A jury found George C. Vaughan & Sons negligent and awarded $75,000 in damages. The trial court's judgment allocated funds to Dyess and the intervenor. George C. Vaughan & Sons appealed, alleging juror misconduct and an excessive verdict. The appellate court reviewed the evidence, including conflicting juror testimony regarding misconduct and the severe, permanent nature of Dyess's injuries, which included lumbar spine fractures and a ruptured disc. Ultimately, the court found no reversible error and affirmed the trial court's judgment.

Personal InjuryNegligenceScaffold AccidentJury MisconductExcessive VerdictWorkmen's CompensationPermanent DisabilityLumbar Spine InjuryRuptured DiscCivil Appeal
References
34
Case No. MISSING
Regular Panel Decision
Mar 30, 1989

Davenport v. Taylor Feed Mill

Plaintiff, Douglas Wayne Davenport, an employee of Taylor Feed Mill, was injured on October 3, 1987, sustaining a ruptured lumbar disc and subsequently received a sixty percent occupational disability award from the Warren County Chancery Court. Defendant appealed the judgment on three grounds: the physician's anatomical impairment rating based on an old medical guideline edition, the vocational expert's testimony using a hypothetical question based on facts not fully in evidence, and the award of a lump sum payment. The Supreme Court affirmed the trial court's decision on the first two issues, concluding that the older guideline was permissible given the focus on vocational disability, and the hypothetical question's phrasing was within the trial court's discretion. However, the court reversed the lump sum payment award, as the plaintiff failed to demonstrate special needs or exceptional circumstances, remanding the case for accrued benefits to be paid according to the statutory periodic payment scheme.

Occupational DisabilityAnatomical ImpairmentVocational DisabilityLump Sum Payment ReversalMedical Guideline EditionExpert Witness TestimonyHypothetical Question ValidityPermanent Partial DisabilityTennessee Workers' CompensationBack Injury
References
10
Case No. ADJ3649169
Regular
Feb 14, 2013

BRUCE LIBERTY vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured

This case concerns an applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) order denying his claim for lumbar spine injury. The applicant alleged a lumbar injury from a physical therapy incident following a compensable cervical and shoulder injury. The WCAB denied reconsideration, adopting the WCJ's report which relied on the Agreed Medical Examiner's (AME) opinion. The AME found no industrial injury to the lumbar spine, citing a lack of contemporaneous evidence and a history of degenerative disc disease. The WCAB determined the applicant's presented "new" evidence was either previously reviewed or unpersuasive, upholding the original award.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedBruce LibertyLos Angeles Unified School DistrictPermissibly Self-InsuredCase Number ADJ3649169Workers' Compensation Administrative Law JudgeAgreed Medical ExaminerLumbar Spine Injury
References
0
Case No. 2023-08-6277
Regular Panel Decision
Apr 17, 2024

OLGUIN, MIGUEL v. AZTEC MASONRY, INC.

Mr. Miguel Olguin, an employee of Aztec Masonry, Inc., sustained a back injury on November 15, 2021. Following initial treatments, Dr. Glen Crosby, a spine surgeon, recommended a total disc replacement surgery after an MRI revealed a collapsed and ruptured disc. This surgery was subsequently denied by utilization review. Mr. Olguin requested temporary total disability benefits, an earlier pain management appointment, and a second opinion on the denied surgery. The Court of Workers’ Compensation Claims at Memphis, presided over by Judge Shaterra R. Marion, denied the request for temporary benefits and an earlier pain management appointment, but granted Mr. Olguin's request for a second opinion on the total disc replacement surgery.

back injuryruptured discdisc replacement surgerytemporary total disability benefitspain managementsecond medical opinionutilization review denialmedical treatment authorizationworkers' compensation law
References
3
Case No. 04-09-00401-CV
Regular Panel Decision
Jul 21, 2010

Texas Mutual Insurance Company v. Sarah Ochoa

Sarah Ochoa sustained a lumbar sprain injury at work and filed a workers' compensation claim. Texas Mutual Insurance Company, the carrier, initially accepted the lumbar sprain but disputed later claims of extensive lumbar disc pathology as an ordinary disease of life. The hearing officer found a sprain/strain injury superimposed on pre-existing degenerative conditions but also ruled that Texas Mutual waived its right to contest the extent of injury by not timely disputing it within 60 days, making the degenerative conditions compensable. Texas Mutual appealed to the state district court, which granted Ochoa's no-evidence motion for summary judgment. This appellate court reverses and remands the trial court's judgment, holding that the 60-day waiver rule in the Texas Labor Code does not apply to extent-of-injury disputes, citing Texas Supreme Court precedent.

Workers' CompensationSummary JudgmentWaiver RuleExtent of Injury DisputeLumbar SprainDegenerative Disc DiseasePre-existing ConditionAppellate ReviewTexas Labor CodeJudicial Precedent
References
7
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