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

Case No. 07-04-0362-CV
Regular Panel Decision
Dec 15, 2005

Jesse Bryan Smith and the Salvation Army v. Otis M. Scott

Jesse Bryan Smith and The Salvation Army appealed a jury verdict awarding Otis M. Scott damages for personal injuries from an automobile accident. Appellants contested the factual and legal sufficiency of evidence supporting awards for past and future loss of earning capacity. Scott, a self-employed builder, presented evidence of diminished income following a shoulder injury and surgery. The appellate court found sufficient probative evidence to support the jury's awards for both past and future lost earning capacity, considering medical testimony and Scott's income comparison. The trial court's judgment was affirmed.

Automobile AccidentPersonal InjuryLoss of Earning CapacitySufficiency of EvidenceJury VerdictAppellate ReviewDamagesRotator Cuff TearMedical TestimonyAffirmed Judgment
References
17
Case No. ADJ3925996 (FRE 0180480) ADJ360469 (FRE 0198851)
Regular
Oct 01, 2012

MICHAEL AKINS vs. THE SALVATION ARMY, Permissibly Self-Insured

In this workers' compensation case, the defendant, The Salvation Army, seeks to deny liability for applicant Michael Akins' recommended spinal surgery. While Akins sustained industrial injuries to his neck and back in 1998 and 2001, a subsequent non-industrial car accident in 2008 displaced hardware from his prior industrial surgery. The Board found that the industrial injury was a substantial contributing factor to the need for the current surgery, even though the non-industrial accident was the "most proximate cause." Therefore, the defendant remains liable for the recommended surgical intervention.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderIndustrial InjurySpinal SurgeryPrimary Treating PhysicianNon-Industrial Motor Vehicle CollisionIntervening EventAgreed Medical ExaminerCausation
References
1
Case No. SFO 474449
Regular
May 14, 2008

TEREASA HU vs. SALVATION ARMY, GALLAGIER BASSETT SERVICES, INC.

This case involves an applicant who suffered a stroke and psychiatric injury, allegedly due to her employment as a Salvation Army corps officer. The Appeals Board granted reconsideration to address contentions including insufficient evidence of industrial injury, bad faith, and constitutional violations. While upholding the finding of industrial injury, the Board amended the WCJ's decision to defer issues of temporary and permanent disability, apportionment, and attorney's fees, remanding the case for further proceedings.

Workers Compensation Appeals BoardSFO 474449industrial injurypsychevascular systemstroketemporary disabilitypermanent and stationarypermanent disabilityapportionment
References
21
Case No. 11-06-00107-CV
Regular Panel Decision
Apr 03, 2008

Robert Haddix Jr. v. American Zurich Insurance Company Chesterfield Services, Inc. The Salvation Army And Flahive, Ogden and Latson, P.C.

Robert Haddix Jr. filed suit against multiple defendants for alleged on-the-job injuries and workers' compensation claims. The trial court dismissed Haddix's suit by granting the defendants' pleas to the jurisdiction, citing a failure to exhaust administrative remedies. The Eleventh Court of Appeals affirmed the dismissal of claims related to one injury (November 25) and discrimination claims, finding administrative remedies were not exhausted. However, the appellate court reversed and remanded claims regarding another injury (December 16) as a valid appeal of an appeals panel decision, as well as claims for retaliation, unlawful eviction, and unpaid wages, where jurisdiction was found to exist. The court also addressed Haddix's procedural complaints, affirming the trial court's rulings, and cautioned Haddix about his conduct during the appeal.

Workers' CompensationAppellate JurisdictionAdministrative RemediesPlea to the JurisdictionExhaustion of RemediesRetaliation ClaimEmployment DiscriminationPayday LawJudicial ReviewDue Process
References
30
Case No. MISSING
Regular Panel Decision

Haddix v. American Zurich Insurance Co.

Robert Haddix Jr. initiated legal action against American Zurich Insurance Company, Chesterfield Services, Inc., the Salvation Army, and Flahive, Ogden and Latson, P.C., asserting claims related to two workplace injuries and subsequent workers' compensation disputes. The trial court initially dismissed Haddix's suit by granting the appellees' pleas to the jurisdiction, based on the argument that Haddix failed to exhaust administrative remedies. On appeal, the court partially affirmed the trial court's decision, particularly regarding claims like certain discrimination claims and the November 25 injury, where administrative remedies were not exhausted. However, the appellate court reversed and remanded other claims, including the appeal of the December 16 injury appeals panel decision, retaliation for filing a workers' compensation claim, retaliation by a landlord, and failure to pay wages, concluding that the trial court did possess jurisdiction over these matters. Additionally, the court addressed Haddix's allegations of due process violations and his requests for sanctions, ultimately finding them unsubstantiated.

Workers' CompensationJurisdictionAdministrative RemediesPlea to JurisdictionDue ProcessRetaliationEmployment DiscriminationPayday LawTexas Labor CodeAppellate Review
References
31
Case No. MISSING
Regular Panel Decision
Jul 12, 1994

In re the Claim of Quick v. Steuben County Self-Insurance Plan

Claimant, a recipient of public assistance from the Steuben County Department of Social Services (County), injured her wrist in a workfare program while working as a kitchen aide for the Salvation Army. A dispute arose between the County and the Salvation Army regarding liability for workers' compensation benefits. The Workers’ Compensation Board ruled that Steuben County was solely liable as the claimant's general employer, with the Salvation Army being the special employer. The County and its insurance carrier appealed this decision, challenging the finding of sole liability. The appellate court affirmed the Board's decision, finding substantial evidence that the County retained sufficient overall control to be deemed the general employer.

Workers' CompensationGeneral EmployerSpecial EmployerWorkfare ProgramLiability DisputeAppellate ReviewSubstantial EvidenceRight to ControlMethod of PaymentFurnishing Equipment
References
4
Case No. ADJ676360 (VNO 0452938)\nADJ4537847 (VNO 0452937)\nADJ1889214 (VNO 0452939)\nADJ263606 (VNO 0452940)
Regular
Nov 25, 2013

Dalal Asadourian vs. The Salvation Army, Specialty Risk Services for The Salvation Army

This Workers' Compensation Appeals Board (WCAB) order dismisses Dalal Asadourian's Petition for Reconsideration because it was not filed from a final order determining substantive rights or liabilities. The Board reasoned that interlocutory procedural or evidentiary decisions, which do not resolve substantive questions, are not subject to reconsideration. The petition's request for removal was also denied, as applicant failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. Therefore, the petition was dismissed and removal denied.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderRemovalSubstantial PrejudiceIrreparable HarmReport and RecommendationAdministrative Law JudgeWorkers' Compensation Appeals Board
References
9
Case No. ADJ7724932
Regular
Oct 02, 2015

DEANALEE GRAJEDA vs. THE SALVATION ARMY

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant, Southern California Mental Health Associates, reversing the original decision that denied an industrial psychiatric injury. The Board found that the applicant did sustain a psychiatric injury arising out of and occurring in the course of employment, predominantly caused by workplace stressors and a hostile work environment, not barred by a good faith personnel action defense. The lien for medical treatment was therefore deferred, and the case was returned to the trial level for further proceedings regarding the lien's reasonableness and necessity.

AOE/COEPsychiatric InjuryGood Faith Personnel ActionLien ClaimReconsiderationWCJPQMERolda AnalysisPredominant CauseSubstantial Cause
References
9
Case No. ADJ9772360
Regular
Feb 26, 2015

BROCK MACON vs. THE SALVATION ARMY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was taken from a non-final, interlocutory procedural order. The WCAB found that the order did not determine any substantive rights or liabilities, nor a threshold issue fundamental to the claim. Treating the petition as one for removal, the WCAB denied it as removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated. Therefore, the applicant's attempt to challenge the intermediate decision was unsuccessful.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary Remedy
References
6
Case No. MISSING
Regular Panel Decision
Oct 11, 1978

Claim of Neblett v. Salvation Army

The case involves an appeal from a Workers’ Compensation Board decision regarding a death benefits claim. Claimant’s decedent, a 53-year-old porter, died from a cerebral hemorrhage suffered at work on May 5, 1973. His widow filed for death benefits, which the Board approved, invoking the presumption under Workers’ Compensation Law section 21 for unwitnessed accidents arising out of and in the course of employment. The appellate court affirmed the Board’s decision, noting the concession that death resulted from a cerebral hemorrhage at work and the absence of evidence suggesting another cause, thus upholding the application of the Section 21 presumption.

Workers' CompensationDeath BenefitsCerebral HemorrhageArising Out of EmploymentCourse of EmploymentPresumptionUnwitnessed AccidentAppellate ReviewEmployer LiabilitySelf-Insured
References
2
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