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

Case No. 08-11-00264-CV
Regular Panel Decision
Oct 08, 2014

Maria G. Thompson/Luis Marioni, D.C. v. Jaime Stolar, M.D., Alivio Medical Center, Alivio Treatment Centers, P.A. and Luis Marioni, D.C./Maria G. Thompson

This multi-party appeal originated from a medical and chiropractic malpractice lawsuit filed by Maria G. Thompson against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center and Alivio Treatment Centers, P.A. Thompson alleged negligence resulting in severe knee injuries, including infection and fusions, following injections and treatment. A jury found Dr. Stolar and Dr. Marioni negligent, awarding damages. On appeal, the court reversed the judgment against Dr. Marioni due to insufficient evidence of causation but affirmed the judgment against Dr. Stolar. The court also upheld the denial of Thompson's claims regarding damages and apparent agency against Alivio.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSpontaneous FusionSurgical FusionNegligenceCausationDamages AssessmentApparent Agency
References
48
Case No. 2019-01-0569
Regular Panel Decision
Apr 08, 2020

Stewart, Jeffrey v. Day and Zimmerman

Jeffrey Stewart, an employee, filed a Request for Expedited Hearing seeking ongoing treatment and reimbursement for past treatment of two capped teeth, claiming they broke during a fall at Day and Zimmerman (DZ) in November 2018. Day and Zimmerman contested the claim, citing a lack of timely notice and insufficient proof of a causal relationship between the dental injury and the work accident. The Court found that while DZ had actual notice of the overall injury, Mr. Stewart failed to provide medical or dental testimony causally linking his dental injury to the fall. Consequently, the Court denied Mr. Stewart's dental claim, ruling that such an injury is not an obvious one exempt from the requirement of medical proof of causation.

Workers' CompensationExpedited HearingMedical BenefitsDental InjuryCausationNotice RequirementTennessee LawInjury ClaimEmployer LiabilityInsurance Carrier
References
2
Case No. 02-22-00072-CV
Regular Panel Decision
Jul 27, 2023

BioTE Medical, LLC v. John Carrozzella, MD, JCMD Medical Services, Inc., Dan Deneui, and Terri Deneui

This case addresses whether a contractual "residual benefit" clause, requiring a post-termination fee for using a competing treatment method, constitutes a covenant not to compete under Texas law. Appellant BioTE Medical, LLC, licensed a pellet-based bioidentical hormone replacement therapy (BHRT) method. Appellee JCMD Medical Services, Inc., a former customer, terminated its agreement and began using a competitor's BHRT without paying the residual-benefit fee. BioTE Medical sued JCMD for breach of contract. The trial court granted summary judgment to JCMD, finding the clause unenforceable either as a noncompete or a violation of public policy. The appellate court reversed, holding that the residual-benefit clause is not a covenant not to compete as it does not restrict JCMD from competing with BioTE Medical, but rather from using a competitor's product. The court also declined to invalidate the clause on uncodified public policy grounds, deferring to the Legislature's policy determinations.

Contract lawCovenants Not to Compete ActResidual benefit clausePublic policyBioidentical hormone replacement therapy (BHRT)Breach of contractSummary judgmentAppellate reviewTexas lawBusiness and Commerce Code
References
33
Case No. 2020-03-0939
Regular Panel Decision
Feb 24, 2021

Day, Misti v. Great Salons of Knoxville, Inc.

Misti G. Day sustained two work-related injuries in 2018 and 2019. Her initial petition for benefits was involuntarily dismissed without prejudice in December 2019 due to failure to prosecute. The employer subsequently ceased voluntary workers' compensation benefits in March 2020. Employee Day filed a second petition for benefits on April 30, 2020, seeking additional medical treatment for her injuries. The trial court determined that the employee's second petition was timely filed and that she was likely to prevail regarding her request for additional medical benefits. The employer appealed this decision, arguing the second petition was untimely. The Appeals Board affirmed the trial court’s determinations and remanded the case.

Timeliness of PetitionInvoluntary DismissalStatute of LimitationsMedical Benefits DisputeWorkers' Compensation Appeals BoardInterlocutory AppealRemandRule 41.02Show Cause HearingWorkers' Compensation Benefits
References
3
Case No. 13-09-00350-CV
Regular Panel Decision
Jan 21, 2010

Gulf Coast Medical Center, LLC, Tony Todd, Crna, Dan Madsen, M.D. and South Texas Medical Clinics, P.A. v. Jacqueline Temple and Marcus Banks, Individually and as Representatives of the Estate of Markasia Banks, a Minor Child

Appellants, Gulf Coast Medical Center, LLC, Tony Todd, CRNA, Dan Madsen, M.D., and South Texas Medical Clinics, P.A., appealed the trial court's denial of their motions to dismiss. The underlying suit was filed by appellees Jacqueline Temple and Marcus Banks, alleging negligence in the care and treatment of their deceased minor child, Markasia Banks. The core issue on appeal was the appellees' failure to timely serve an expert medical report as required by the Texas Civil Practice and Remedies Code. The Court of Appeals determined that the appellees' claims were 'health care liability claims' and that the expert report was indeed untimely, and that an abatement due to a failure to provide medical authorization did not extend the deadline. The court also affirmed the constitutionality of the expert report requirement. Consequently, the appellate court reversed the trial court's judgment, granted the appellants' motions to dismiss, and remanded the case for the award of attorney's fees and costs to the appellants.

Health Care Liability ClaimExpert Medical ReportMotion to DismissTimeliness of ReportAbatementMedical MalpracticeNegligenceDue ProcessTexas ConstitutionAppellate Review
References
32
Case No. MISSING
Regular Panel Decision
Apr 17, 2008

Day Cruises Maritime, L.L.C. v. Christus Spohn Health System

Appellants Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C. appealed summary judgments in favor of Christus Spohn Health System regarding medical expenses for Judy Ann Lanado, a seaman who suffered severe brain damage. Christus sought payment based on a sworn account, a guarantee, and maritime maintenance and cure. The appellate court reversed the summary judgment for Christus's counterclaim, finding an ineffective sworn denial and Christus's lack of standing for the guarantee. It also found a material fact issue regarding the reasonableness of medical charges under maintenance and cure. The court affirmed the denial of equitable subrogation to appellants but remanded for a determination of Christus's potential negligence affecting the medical bill.

Maritime LawSummary JudgmentMaintenance and CureEquitable SubrogationSworn AccountDue ProcessAlien CrewmanMedical ExpensesTexas LawAppellate Procedure
References
52
Case No. 2016-08-1486
Regular Panel Decision
Nov 30, 2018

Nance, Amy v. JCSD Emergency Medical Group d/b/a Medic One Response

Ms. Nance, an emergency medical technician, injured her left upper extremity while moving a patient. After conservative treatment, she was diagnosed with cubital tunnel syndrome and later recommended for a cervical spine evaluation by Dr. Cole. Medic One denied the requested benefits, claiming misrepresentation and non-work-related activity. The Court found Ms. Nance likely to prevail for medical benefits, ordering Medic One to authorize a cervical spine evaluation and allow her to select a specialist. However, Ms. Nance was not found eligible for temporary disability benefits due to insufficient medical proof of disability.

Workers' CompensationMedical BenefitsTemporary Disability BenefitsCubital Tunnel SyndromeCervical Spine EvaluationMedical MisrepresentationCausal ConnectionExpedited HearingPermanent ImpairmentTreating Physician
References
3
Case No. 2023-03-00128
Regular Panel Decision
Nov 03, 2023

Day, Michael V. GOLD CREEK FOODS, LLC

This expedited hearing addressed Michael Day's request for medical benefits following a work-related back injury on November 29, 2022, while lifting bags of food seasonings. Gold Creek Foods, LLC., denied the claim due to inconsistencies in Mr. Day's injury reports to various medical providers and supervisors. Although Mr. Day initially selected Dr. Kevin Bailey from a provided panel, he was only seen by a nurse practitioner, Lindsey Lundquist, and never Dr. Bailey himself. The Court found sufficient evidence at this preliminary stage to conclude that Mr. Day is likely to prevail on the merits. Consequently, the Court ordered Gold Creek to authorize an appointment for Mr. Day to see Dr. Kevin Bailey.

Back InjuryWorkers' Compensation ClaimMedical BenefitsExpedited HearingInjury ReportingPhysician PanelEmployer DenialCourt OrderTennesseeLumbar Spine
References
0
Case No. MISSING
Regular Panel Decision

Perez v. Brookdale University Hospital & Medical Center

Eulalia Perez was admitted to Brookdale University Hospital on November 16, 2010, and treated for various medical conditions before being discharged on December 7. She died two days later. Her family, Ivan and Irma Perez, sued Brookdale and other defendants, alleging a violation of the Emergency Medical Treatment and Active Labor Act (EMTALA) and state-law claims of wrongful death and negligence. The court granted Brookdale's motion for summary judgment on the EMTALA claim, determining that the hospital fulfilled its EMTALA duties once Mrs. Perez was stabilized, and any subsequent issues were outside the statute's scope. Consequently, the court declined to exercise supplemental jurisdiction over the state-law claims, leading to the dismissal of all claims against all parties.

EMTALAEmergency Medical Treatment and Active Labor ActMedical MalpracticeNegligenceWrongful DeathSummary JudgmentSupplemental JurisdictionPatient DumpingHospital DischargeFederal Question Jurisdiction
References
8
Case No. MISSING
Regular Panel Decision

Claim of Cummins v. North Medical Family Physicians

A claimant sustained a work-related back injury and sought continued medical treatment, which was initially authorized. Disputes over authorization led the claimant to retain an attorney. A Workers’ Compensation Law Judge authorized continued medical treatment but denied counsel fees, stating no "money passing" occurred. The Workers' Compensation Board upheld this decision. The claimant appealed, arguing the Board unconstitutionally applied Workers’ Compensation Law § 24, misinterpreted the statute regarding fee payment from medical benefits, and abused its discretion. The appellate court affirmed the Board's decision, ruling that counsel fees must be paid from "compensation," defined as a money allowance, and medical benefits are not considered "compensation" for this purpose, thus finding no abuse of discretion.

Workers' CompensationCounsel FeesAttorney FeesMedical TreatmentStatutory InterpretationConstitutional LawLienCompensation DefinitionAppellate ReviewBoard Decision
References
3
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