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

Case No. 04-19-00538-CV
Regular Panel Decision
Jul 28, 2021

William Alec Tisdall, M.D. and William A. Tisdall, M.D., P.A. D/B/A Spine & Joint Pain Specialists v. Thomas Varebrook and Rebecca Varebrook

William Alec Tisdall, M.D., and his medical practice appealed a final judgment stemming from a medical negligence lawsuit initiated by Thomas and Rebecca Varebrook. The jury found Tisdall negligent, awarding substantial damages after Thomas developed a severe septic sacroiliac joint infection following steroid injections administered by Dr. Tisdall, which left him permanently disabled and unable to continue his police career. On appeal, Tisdall argued that the trial court erred by allowing improper jury argument, admitting cumulative and prejudicial independent medical examinations, and denying a motion for mistrial. The Fourth Court of Appeals in San Antonio, Texas, affirmed the trial court's judgment, concluding that the jury argument was invited error, the medical examination evidence was properly admitted given its probative value and lack of unfair prejudice, and any error regarding the motion for mistrial was unpreserved and, if preserved, cured by the court's instruction to disregard.

Medical negligenceJury verdict appealEvidentiary rulingsImproper jury argumentIndependent medical examinationsMotion for mistrialInstruction to disregardStandard of careCausationDamages award
References
31
Case No. 02-23-00220-CV
Regular Panel Decision
Apr 17, 2025

Bianco Brain and Spine, PLLC and Nikhil Kanti Patel, M.D. v. Larry Jones and Shelley Jones

This case concerns a medical malpractice claim brought by Larry and Shelley Jones against Bianco Brain and Spine, PLLC and Dr. Nikhil Kanti Patel. Mr. Jones suffered a cauda equina injury during spine surgery performed by Dr. Patel. The jury found Dr. Patel negligent, and his negligence proximately caused Mr. Jones's injury. On appeal, Dr. Patel challenged the legal and factual sufficiency of the evidence. The Court affirmed the judgment against Dr. Patel, finding sufficient evidence to support the jury's finding that Dr. Patel's intraoperative surgical technique (removing existing hardware before stabilizing the L3-L4 junction) breached the standard of care and caused the injury. Bianco Brain and Spine, PLLC was sued under a theory of respondeat superior. The Court reversed the judgment imposing liability on Bianco, holding that the Joneses waived their independent ground of recovery for respondeat superior by failing to submit a jury question on this claim, and the evidence of Dr. Patel's employment status was not conclusive.

Medical MalpracticeMedical NegligenceSpine SurgeryCauda Equina InjuryRespondeat SuperiorVicarious LiabilityLegal SufficiencyFactual SufficiencyExpert TestimonyProximate Cause
References
87
Case No. 2024 NY Slip Op 00599 [224 AD3d 428]
Regular Panel Decision
Feb 06, 2024

Matter of New Millennium Pain & Spine Medicine, P.C. v. Garrison Prop. & Cas. Ins. Co.

This case involves two appeals by New Millennium Pain & Spine Medicine, P.C. against Garrison Property & Casualty Insurance Company and GEICO Casualty Company. New Millennium sought to vacate master arbitration awards that denied its claims for no-fault benefits for medical services. The Supreme Court denied these applications. The Appellate Division, First Department, affirmed the Supreme Court's decisions, stating that an arbitrator's award will not be set aside unless it is irrational. The court also addressed the argument regarding a 20% wage offset in no-fault benefits, finding it unavailing under Insurance Law § 5102 (b). Ultimately, New Millennium was not entitled to attorneys' fees as it was not the prevailing party.

No-fault benefitsarbitration awardvacaturinsurance lawwage offsetappellate reviewmedical servicesno-fault policy exhaustionattorneys' feesCPLR Article 75
References
8
Case No. 14-07-00887-CV
Regular Panel Decision
Jun 02, 2009

Tanya E. Dowell v. Theken Spine, L.L.C

Tanya E. Dowell appealed the trial court's grant of summary judgment in favor of Theken Spine, LLC, arguing lack of proper notice for the summary judgment motion and hearing. Dowell's motion for summary judgment was granted after her certified mail for the notice was returned "unclaimed." The appellate court affirmed the trial court's judgment, finding that Dowell failed to provide verified proof at the time of the summary judgment ruling to rebut the presumption of actual notice. The court also upheld the denial of Dowell's motion for new trial, stating that a complete record of the hearing on the motion was not presented by the appellant, thus precluding a finding of abuse of discretion by the trial court.

Summary JudgmentNoticeDue ProcessCertified MailUnclaimed MailPresumption of ReceiptMotion for New TrialAbuse of DiscretionAppellate ProcedureTexas Rules of Civil Procedure
References
21
Case No. MISSING
Regular Panel Decision

Davis v. Medical Evaluation Specialists, Inc.

Justice Wilson dissents from the majority's decision on a motion for rehearing, arguing that the majority improperly considered non-evidence and engaged in speculation. The dissent contends that Lennie Davis's controverting affidavit by Dr. Bergeron, which stated a 17% impairment rating compared to the defendants' 0%, was conclusory and insufficient to establish bad faith by Medical Evaluation Specialists, Inc., Dr. DeFrancesco, and Dr. Dozier. Justice Wilson believes that the affidavit failed to meet the objective 'no reasonable doctor' standard for controverting good faith, and therefore, the trial court's summary judgment in favor of the defendants should have been affirmed based on official immunity.

Summary JudgmentOfficial ImmunityGood FaithImpairment RatingMedical AffidavitConclusory StatementsTexas Workers' Compensation ActAppellate ReviewDissenting OpinionPermanent Disability
References
7
Case No. 01-23-00704-CV
Regular Panel Decision
Dec 23, 2025

Industrial Specialists, LLC v. Blanchard Refining Company LLC and Marathon Petroleum Company LP

This case addresses whether an indemnitee can recover from its indemnitor the portion of a settlement attributable to other defendants under a comparative indemnity scheme, even if the indemnitee was also found negligent. Industrial Specialists, LLC (Appellant) was sued by Blanchard Refining Company LLC and Marathon Petroleum Company LP (Appellees) for breach of a contractual indemnity agreement. A fire at a refinery injured employees, leading to a $104 million settlement by Marathon and other contractors, where Marathon paid $86 million. The jury found Marathon 38% negligent and Industrial 17% negligent, among others. The core issue is the enforceability of the indemnity provision under the express negligence doctrine, specifically concerning comparative indemnity. The Court of Appeals reversed the trial court's judgment, holding that the indemnity provision failed to expressly provide for comparative indemnity, thus rendering it unenforceable as a matter of law.

Contractual IndemnityExpress Negligence DoctrineComparative IndemnityOil and Gas IndustryRefinery FirePersonal Injury ClaimsSettlement AgreementsBreach of ContractTexas LawAppellate Court Decision
References
17
Case No. 2015-03-0285
Regular Panel Decision
Feb 02, 2016

Long, Joann v. Southeast Eye Specialists

This Expedited Hearing Order addresses Joann Long's request for medical and temporary disability benefits after a workplace fall. Ms. Long, employed by SouthEast Eye Specialists, sustained a severe hamstring injury. She initially received treatment from Dr. Hovis, the authorized treating physician, who did not recommend surgery. Ms. Long sought a second opinion and, dissatisfied with Dr. Hovis's care, pursued unauthorized surgery with Dr. Damon Petty. SouthEast Eye Specialists subsequently suspended her benefits, citing her non-compliance with the authorized physician. The Court found insufficient evidence to determine if Dr. Hovis's treatment was inappropriate, and thus, Ms. Long failed to justify seeking unauthorized medical care. Consequently, the Court denied her requests for reimbursement of medical expenses incurred with Dr. Petty and for temporary total disability benefits. Dr. Hovis is to remain the authorized treating physician, or SES must provide a new panel.

Workers' Compensation LawExpedited HearingMedical BenefitsTemporary Total DisabilityUnauthorized Medical TreatmentAuthorized Treating PhysicianPanel of PhysiciansBurden of ProofConflicting Medical OpinionsHamstring Injury
References
5
Case No. MISSING
Regular Panel Decision
Feb 15, 1990

Narine v. Handler

Oduth Narine, an employee of Protection Systems Specialists, Inc., was injured while inspecting a ventilation system. Narine and his wife initiated a negligence action against his employer and co-employee Howard Handler, alleging failure to provide a safe workplace. The defendants sought summary judgment, claiming the suit was barred by the Workers' Compensation Law, given Narine had already received benefits. The Supreme Court denied their motion. On appeal, the order was modified; summary judgment was granted to Protection Systems Specialists, Inc. due to the exclusivity of Workers' Compensation benefits. However, the denial of summary judgment for Handler was affirmed, as questions of fact remained regarding his employment relationship.

NegligencePersonal InjurySummary JudgmentWorkers' CompensationExclusive RemedyCo-employee LiabilityFactual QuestionsAppellate ReviewEmployer LiabilitySafe Place to Work
References
5
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. MISSING
Regular Panel Decision
Jul 03, 2007

Johnson v. RGIS Inventory Specialists

This case involves a lawsuit by Joél Johnson against RGIS Inventory Specialists alleging violations of the Fair Labor Standards Act (FLSA) regarding unpaid overtime and minimum wages. Johnson, an auditor, claimed she was not compensated for travel time, 'wait time' (arriving early at meet sites or inventories, and waiting for company transportation), and time spent donning and doffing equipment. RGIS sought summary judgment, arguing these activities were non-compensable preliminary or postliminary activities or de minimis. The court granted summary judgment in part, denying claims related to general travel time, wait time incidental to company transportation, and doffing. However, it denied summary judgment for claims concerning work performed while traveling after March 2004, wait time prior to an inventory, and donning equipment, finding genuine issues of material fact.

Fair Labor Standards ActFLSAWagesOvertimeMinimum WageTravel TimeWait TimeDonning and DoffingSummary JudgmentEmployment Law
References
90
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