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Case Law Database

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

Case No. 2015-08-0106
Regular Panel Decision
Sep 24, 2015

McIntosh, Sarah Kaye v. Randstad

Sarah Kaye Mcintosh, an employee, filed a claim alleging wrist injuries from her work at Randstad. Randstad, the employer, filed a motion to terminate benefits, arguing the claim was not compensable. The Court previously ordered Randstad to provide a panel of orthopedic surgeons and pay temporary disability benefits. Although Ms. Mcintosh selected Dr. Cannon, an orthopedic surgeon, she was instead seen by Dr. Alday, an occupational medicine physician, who opined her injury was not work-related. The Court found Dr. Alday was not an authorized treating physician as Dr. Cannon declined to treat Ms. Mcintosh directly. Therefore, Dr. Alday's opinion on causation did not carry a presumption of correctness. The Court denied Randstad's motion, ordered the continuation of temporary partial disability benefits, and mandated Randstad to provide a new panel of orthopedic surgeons to Ms. Mcintosh.

Workers' CompensationExpedited HearingBenefit TerminationOrthopedic SurgeonOccupational MedicineCausationMedical PresumptionPanel of PhysiciansTemporary Disability BenefitsCarpal Tunnel Syndrome
References
1
Case No. Docket No. 2018-03-0072; State File No. 86263-2017
Regular Panel Decision
Nov 01, 2018

Daniels, Melvin v. Daniels Farms

Melvin Daniels, a part owner and working supervisor of Daniels Farms, suffered multiple injuries in October 2017 due to an air-conditioning pressure switch explosion and subsequent fall from a tractor. He sought temporary disability benefits, which were denied by Daniels Farms's carrier. Despite a medical evaluation by Dr. Salekin indicating total disability and impairment, Mr. Daniels continued to receive benefits and allowances from Daniels Farms, albeit without a salary. The Court found Mr. Daniels failed to demonstrate he was temporarily totally or partially disabled from working, as he continued some supervisory duties and received prior benefits. Therefore, his claim for temporary disability benefits was denied.

Workers' CompensationTemporary DisabilityExpedited HearingFarm InjuryTractor AccidentChemical ExposureRotator Cuff RepairMedical ImpairmentAverage Weekly WageBenefits Continuation
References
3
Case No. MISSING
Regular Panel Decision

In re Claim of Chee

The claimant was laid off in March 1999 and began receiving unemployment insurance benefits. In July 1999, the employer offered to rehire him to his previous position at the same hourly rate of $12.44. The claimant rejected this offer, leading the employer to contest his right to continued benefits. An administrative hearing and the Unemployment Insurance Appeal Board determined that the claimant was entitled to continued benefits, citing Labor Law § 593 (2) (d). The Board found that the prevailing wage for similar positions in the locality was $14.88 per hour, exceeding the offered salary by more than 10%, which constituted good cause for rejecting the job offer. The appellate court affirmed the Board's decision, concluding that it was rational and supported by substantial evidence.

unemployment benefitsjob refusalprevailing wagegood causeLabor Lawadministrative appealsubstantial evidenceappellate reviewreemploymentUnemployment Insurance Appeal Board
References
4
Case No. ADJ9126761
Regular
Jul 28, 2014

Jennifer James vs. CITY OF SANTA ROSA, Permissibly Self-Insured, Administered by REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case concerns Jennifer James, a police officer injured on duty, who sought additional benefits under Labor Code Section 4850. The core dispute is whether Section 4850 benefits, providing a leave of absence without loss of salary for up to one year, should be paid for a calendar year or until the equivalent of a full year's salary has been received. The majority affirmed the WCJ's decision, ruling that the one-year limitation is based on the duration of payments, not the total salary amount. A dissenting opinion argued that the intent of Section 4850 is to ensure no loss of salary, thus allowing benefits to continue until the equivalent of a full year's salary is paid, especially for injured public safety officers.

Labor Code section 4850temporary partial disabilitymodified dutiespolice officerwage loss benefitssalary continuationaggregate disability paymentsEason v. City of RiversideKosowski v. Workers' Comp. Appeals Bd.County of Alameda v. Workers' Comp. Appeals Bd.
References
10
Case No. NO. 09-08-00377-CV
Regular Panel Decision
Aug 31, 2009

Honorable G. Mitch Woods, in His Official Capacity as Sheriff of Jefferson County, Texas and Jefferson County, Texas v. James Vandevender

James VanDevender, a former Jefferson County deputy sheriff, filed suit against Jefferson County Sheriff G. Mitch Woods and Jefferson County, Texas, after his full salary benefit was stopped. The cessation of benefits was due to an injury sustained in the course of his official duties during a prior term of office, with incapacity extending into a subsequent re-appointed term. The trial court issued a declaratory judgment, finding that article III, section 52e of the Texas Constitution entitled VanDevender to receive his full salary benefit during the period of incapacity. The Court of Appeals affirmed the trial court's judgment, concluding that the constitutional provision does not bar salary continuation benefits for an incapacity that extends into another re-appointed term of office, and that the court was not bound by its vacated prior opinion.

Workers' CompensationPublic FundsConstitutional InterpretationLaw of the Case DoctrineSalary ContinuationDeputy SheriffOfficial DutiesIncapacity BenefitsTexas ConstitutionTerm of Office
References
28
Case No. MISSING
Regular Panel Decision
May 21, 2009

Woods v. VanDEVENDER

James VanDevender, a former Jefferson County deputy sheriff, sued Jefferson County and Sheriff G. Mitch Woods after his full salary benefits ceased during a period of incapacity caused by an on-duty injury in a prior term. While his injury occurred in 2000, his incapacity in question began in 2001, after reappointment. Following a remand from the Texas Supreme Court, the trial court granted summary judgment, ruling that article III, section 52e of the Texas Constitution entitled VanDevender to full salary benefits, as his incapacity was caused by the prior injury and his reappointment extended the benefit. This court affirmed the trial court's judgment, finding that the constitutional provision, when liberally construed with legislative intent, allows for salary continuation during any period of incapacity caused by an official duty injury, as long as the officer is a duly sworn deputy.

Salary ContinuationDeputy Sheriff BenefitsIncapacityConstitutional LawTerm LimitsOfficial DutiesDeclaratory ReliefAppellate ReviewLaw of the Case DoctrineLegislative History
References
22
Case No. MISSING
Regular Panel Decision
Apr 19, 1995

Claim of Tomlin v. Asplundh Tree Expert Co.

The claimant, a site manager for 23 years, began experiencing chest pains in February 1984. His employer granted him a medical leave and requested documentation. The claimant's treating physician, Patrick McAndrew, diagnosed essential hypertension, left ventricular hypertrophy, and chest pain of undetermined origin. The employer then used a disability claim form as a claim for a self-administered salary continuation plan, paying benefits under it. After an examination by the employer's physician, John Walters, who found no organic heart disease, the employer terminated the claimant, considering his absence a voluntary termination due to lack of a "bona fide" disability. The claimant subsequently filed for statutory disability benefits and a claim for discriminatory discharge with the Workers’ Compensation Board, alleging a violation of Workers’ Compensation Law § 241 for retaliation. The Board asserted jurisdiction, found discrimination, but reduced damages due to the claimant's failure to actively seek employment. The employer appealed, arguing lack of jurisdiction and insufficient evidence, but the decision was affirmed.

References
3
Case No. 2024-50-2258
Regular Panel Decision
Nov 24, 2025

SUAREZ, KENIA LORENZO v. WCSC TENNESSEE, LLC

Ms. Kenia Lorenzo Suarez, a home health provider, sustained a work-related injury on August 7, 2023. She sought additional temporary disability and specific medical benefits at a second expedited hearing. The Court found her likely entitled to continuing medical treatment but not to additional temporary disability benefits or the specific requested out-of-state orthopedic treatment. The decision emphasized that Dr. Kenneth Sykes remains her authorized treating physician. Consequently, her claim for temporary disability benefits was denied, but WCSC was ordered to continue providing reasonably necessary medical treatment.

Workers' CompensationExpedited HearingTemporary Disability BenefitsMedical BenefitsAuthorized PhysicianLumbar SprainRadiculopathyGabapentin ReactionPhysician PanelMaximum Medical Improvement
References
5
Case No. MISSING
Regular Panel Decision

Greece Support Service Employees Ass'n v. Public Employment Relations Board

This case concerns an appeal regarding the proper application of Civil Service Law § 209-a (1) (e) to salary provisions in an expired collective bargaining agreement between an unnamed petitioner and the Greece Central School District. The agreement, from July 1992 to June 1995, included cost-of-living adjustments for salary schedules during its term. After the agreement expired, the District continued existing salary schedules but ceased further cost-of-living adjustments for 1995-1996, prompting the petitioner to file an improper practice charge. The Public Employment Relations Board (PERB) reversed an Administrative Law Judge's decision, concluding that the agreement did not mandate continued cost-of-living adjustments post-expiration. The Supreme Court dismissed the petitioner's subsequent CPLR article 78 petition seeking annulment of PERB's determination. The Appellate Division affirmed the Supreme Court's judgment, deferring to PERB's expertise and finding its interpretation that the adjustments were limited to the agreement's term to be reasonable and legally permissible.

Collective Bargaining AgreementSalary AdjustmentCost-of-Living AdjustmentPublic EmployerImproper Practice ChargeCivil Service LawPublic Employment Relations BoardJudicial ReviewCPLR Article 78Statutory Interpretation
References
6
Case No. ADJ11235958
Regular
Jul 25, 2018

Scot Turknette vs. COUNTY OF SAN BERNARDINO

The Appeals Board granted removal of this workers' compensation case, rescinding the expedited hearing's cancellation. The applicant, a potential firefighter, sought an expedited hearing on entitlement to Labor Code section 4850 salary continuation benefits, which would provide full salary for up to one year, exceeding temporary and permanent disability payments. The Board found that denial of an expedited hearing for these benefits, which are paid in lieu of temporary disability, would cause significant prejudice and harm. The case is remanded for an expedited hearing on the applicant's section 4850 benefit claim.

Labor Code section 4850salary continuation benefitsfirefighter classificationexpedited hearingPetition for Removalsignificant prejudiceirreparable harmtemporary disability indemnityPresiding WCJMMI status
References
3
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