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Case Law Database

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

Case No. 2018-02-0048
Regular Panel Decision
Jul 27, 2018

Morrison, Leonard v. Walmart

Leonard Morrison, a Walmart loader, sustained a back injury on September 2, 2017, leading to light-duty restrictions from Greeneville Urgent Care and Dr. Nicholas Grimaldi. Despite Walmart offering alternative duty, Morrison alleged violations of his restrictions and insufficient work hours, while supervisors claimed he unilaterally violated restrictions and took unexcused absences. Morrison's request for a leave of absence due to pain was denied by Walmart, citing a lack of medical proof, resulting in his termination for not calling in during the pending leave period. He sought temporary disability benefits, arguing Walmart's non-compliance and his pain-induced inability to work full-time. The Court ultimately denied Morrison's request, finding insufficient evidence to prove entitlement to either temporary total disability, due to the absence of expert medical opinion, or temporary partial disability, as his self-limited hours and failure to adhere to company policy justified his termination.

Temporary Disability BenefitsBack InjuryWork RestrictionsUnexcused AbsencesTerminationMedical OpinionCausal ConnectionWorkplace RulesExpedited HearingWorkers' Compensation Claims
References
3
Case No. 2017-05-0613
Regular Panel Decision
Nov 30, 2017

Lasser, Richard v. Waste Management, Inc.

Richard Lasser, an employee of Waste Management, Inc., sustained multiple injuries on March 28, 2017. Following authorized treatment and resulting restrictions, Waste Management offered him alternative modified work at a rescue mission. Mr. Lasser rejected this offer, citing personal reasons and questioning the propriety of the assignment, leading Waste Management to suspend his temporary disability benefits. The Court of Workers’ Compensation Claims, presided over by Judge Thomas Wyatt, conducted an Expedited Hearing and denied Mr. Lasser's claim for temporary partial disability benefits. The Court ruled that Mr. Lasser's refusal of the available work was due to personal reasons unrelated to his injury, thus not entitling him to the requested benefits.

Workers' CompensationTemporary Disability BenefitsExpedited HearingModified Work RefusalPersonal ReasonsEmployer AccommodationEmployee RestrictionsDisability Benefits DenialTennessee LawCourt of Workers’ Compensation Claims
References
2
Case No. MISSING
Regular Panel Decision

Vinson v. Firestone Tire & Rubber Co.

Mary Elizabeth Vinson, a worker at Firestone, suffered a temporary inflammatory reaction to chemical fumes, leading to an occupational disease. She was granted temporary total disability benefits by the trial court for a period where she was physically able to work but no alternative job without exposure was available. On appeal, the Special Justice set aside the trial court's judgment, ruling that temporary total disability benefits should be limited to the healing period when the worker is physically incapacitated. The court stated that extending benefits to cover unemployment due to a lack of suitable alternative work is a legislative matter, not a judicial one, and affirmed that the period of disability ends when the worker is medically able to return to work, not when new employment is found.

Worker's CompensationTemporary Total DisabilityOccupational DiseaseChemical ExposureEmployer ResponsibilityJob AvailabilityHealing PeriodJudicial RestraintStatutory InterpretationMedical Opinion
References
2
Case No. 2018 NY Slip Op 06537 [165 AD3d 667]
Regular Panel Decision
Oct 03, 2018

Matter of Heritage Mech. Servs., Inc. v. Suffolk County Dept. of Pub. Works

This case involves an appeal by Heritage Mechanical Services, Inc. (petitioner) from a judgment denying its petition to annul a determination by the Suffolk County Department of Public Works (DPW). The dispute stemmed from a general construction contract awarded to Posillico/Skanska, JV for a waste water treatment plant upgrade. Heritage was listed as a subcontractor for HVAC work, but a disagreement arose over the agreed-upon amount, with Heritage claiming a higher price for alternates not included in the initial bid figure. DPW approved Posillico's request to perform the HVAC work itself, citing Heritage's refusal as a 'legitimate construction need' under General Municipal Law § 101 (5). The Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding DPW's determination was not arbitrary and capricious, affected by an error of law, or an abuse of discretion, and thus dismissed the proceeding.

Public Works ContractSubcontractor DisputeGeneral Municipal LawCPLR Article 78Administrative ReviewArbitrary and CapriciousProject Labor AgreementHVAC SubcontractBid DisputeContractual Interpretation
References
1
Case No. 2016-06-0340
Regular Panel Decision
Dec 21, 2016

Duke, James v. Weiss Painting

James Duke, an employee of Weiss Painting, filed a request for an expedited hearing seeking reinstatement of temporary disability benefits after his employer discontinued payments. Duke claimed a left foot and ankle injury from a fall at work and denied working for another company. However, the court found Mr. Duke's testimony not credible, determining he had worked as a painter for Richard Hjerbe and concealed his income to continue receiving benefits. The court concluded that Duke was ineligible for temporary disability benefits due to his ability to work and willful concealment of income. Therefore, his claim for reinstatement of temporary partial disability benefits was denied.

Workers' CompensationTemporary Disability BenefitsExpedited HearingCredibility AssessmentConcealed IncomeFraudReturn to WorkComplex Regional Pain SyndromeTennessee LawAppellate Board
References
7
Case No. 05-0558
Regular Panel Decision
Jun 08, 2007

Reliance National Indemnity Company, L&T, J v. and Lamar Construction, Inc. v. Advance'd Temporaries, Inc.

This case addresses whether a temporary employment agency, Advance’d Temporaries, Inc., 'furnishes labor' under Chapter 53 of the Texas Property Code, thereby qualifying for a mechanic's lien. The dispute arose from Advance’d supplying workers to a subcontractor, Gonzalez Construction, for a project overseen by general contractor Lamar Construction, Inc. After Gonzalez failed to pay Advance’d, Advance’d claimed a mechanic's lien, which the trial court denied but the court of appeals reversed. The Supreme Court of Texas affirmed the court of appeals, holding that Advance’d did furnish labor because it acted as the employer of the temporary workers, responsible for their hiring, payment, and insurance, despite not controlling their daily work. The Court rejected the application of the borrowed-employee doctrine in this contractual context, affirming Advance'd's entitlement to a mechanic's lien.

Mechanic's LienTemporary EmploymentLabor LawConstruction ContractsEmployer StatusTexas Property CodeStatutory InterpretationAppellate ReviewVicarious LiabilitySubcontractor Payment
References
6
Case No. 13-01-821-CV
Regular Panel Decision
Jul 22, 2004

Advance'd Temporaries, Inc. v. Reliance Surety Company, Corpus Christi Crosswinds Apartments, Ltd., Cesar Gonzalez, Individually and D/B/A Gonzalez Construction

This is a mechanic's lien case from the Thirteenth District of Texas, Court of Appeals. Advance'd Temporaries, Inc., a temporary employment agency, appealed a trial court's decision that denied its standing to assert lien rights under Chapter 53 of the Texas Property Code. Advance'd had provided temporary laborers to Gonzalez Construction for an apartment construction project but was left with a significant unpaid balance when Gonzalez defaulted. The appellate court reviewed whether Advance'd, by 'furnishing labor,' qualified for mechanic's lien protection. Reversing the trial court, the court held that Chapter 53 protects those who furnish labor in the direct prosecution of work, and Advance'd's involvement in recruiting, hiring, and insuring the workers established it as such. The case was remanded for further proceedings.

Mechanic's LienTemporary Employment AgencyStandingTexas Property CodeFurnishing LaborSubcontractorPayment BondConstruction ProjectAppellate ReviewStatutory Interpretation
References
13
Case No. 2017-08-0676
Regular Panel Decision
Apr 02, 2018

Haley, Lawanda v. FedEx Express

Lawanda Haley, an employee of FedEx Express, sustained a left eye injury at work in November 2016. She sought medical and temporary disability benefits. The Court partially granted her request, ordering FedEx to pay temporary partial disability benefits from May 22 to June 18, 2017, and to reimburse her $442.30 for out-of-pocket eye drop expenses. However, her claims for temporary disability benefits for other periods and for new contact lenses were denied. The decision centered on a dispute over conflicting work-status notes from her treating ophthalmologist, Dr. Andrew Crothers, and whether FedEx was aware of her ability to return to full-duty work.

Workers' CompensationEye InjuryTemporary Disability BenefitsMedical ExpensesWork Status DisputePanel of PhysiciansCorneal TransplantOphthalmologistFedExTennessee Bureau of Workers’ Compensation
References
2
Case No. 2017-08-1070
Regular Panel Decision
Feb 15, 2018

Heard, April v. Carrier Corporation

This case involves April Heard, an employee of Carrier Corporation, who sustained a back and leg injury on August 24, 2017. Carrier accommodated her light-duty restrictions but she was subject to a seasonal layoff from September 1, 2017, to January 3, 2018. Heard sought temporary disability benefits for this period, arguing she was on light duty. The Court denied her request for temporary partial disability benefits, finding her inability to work during the layoff was due to the seasonal layoff, not her work restrictions. However, Carrier stipulated it would pay temporary total disability benefits for a period from October 26, 2017, through November 13, 2017, when Dr. Lonergan totally restricted her from work.

Workers' CompensationTemporary Disability BenefitsSeasonal LayoffLight-Duty RestrictionsTemporary Partial DisabilityTemporary Total DisabilityCollective Bargaining AgreementEmployment LawInjury ClaimMedical Restrictions
References
1
Case No. 2016-06-0832
Regular Panel Decision
Oct 14, 2016

Gilbert, Thomas v. United Parcel Service, Inc.

Thomas Gilbert filed a second Request for Expedited Hearing, seeking temporary disability benefits from the last day he worked until United Parcel Service (UPS) began post-surgery temporary total disability payments. The Court reviewed the claim, which concerned an aggravation of a pre-existing left knee injury. A central piece of evidence was an undated "Work Comp Status Sheet" attributed to Dr. David Moore, indicating work restrictions; however, the Court questioned its reliability due to issues with authentication and inconsistencies with another physician's findings. Ultimately, the Workers' Compensation Judge, Kenneth M. Switzer, denied Mr. Gilbert's request, finding he failed to satisfy the burden of proof to show a likelihood of prevailing on the merits for past temporary disability benefits.

Workers' CompensationTemporary Disability BenefitsExpedited HearingWork RestrictionsMedical Evidence AdmissibilityBurden of ProofKnee InjuryPre-existing Injury AggravationEmployer LiabilityInsurance Carrier
References
5
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