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Case Law Database

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

Case No. 2017-06-1778
Regular Panel Decision
Apr 11, 2018

Demotte, Julie v. UPS

Julie Demotte sustained a workplace injury involving a broken hip and leg in November 2016 while working for UPS. UPS initially accepted the claim and provided temporary disability benefits. Dr. Jason Evans, the authorized treating physician, placed Ms. Demotte at maximum medical improvement and assigned a three-percent whole-person impairment rating. A compensation hearing was held to determine Ms. Demotte's entitlement to permanent disability, temporary disability, and future medical benefits. The Court ordered UPS to provide lifetime medical benefits for Ms. Demotte's workplace injury, but denied her claims for both temporary and permanent disability benefits. The denial of permanent disability was based on the inadmissibility of Form C-30A as proof of impairment, as Ms. Demotte failed to present admissible evidence. Additionally, the claim for further temporary disability benefits was denied due to an earlier overpayment by UPS that exceeded any subsequent amounts due.

Workplace InjuryFuture Medical BenefitsTemporary Disability BenefitsPermanent Disability BenefitsAdmissibility of Medical ReportsForm C-30AForm C-32Impairment RatingHearsayMaximum Medical Improvement
References
2
Case No. 2014-01-0002
Regular Panel Decision
Oct 16, 2015

Howard, Denita v. US Xpress Enterprises

Denita Howard, a trainee truck driver for USXpress Enterprises, Inc., filed for an expedited hearing seeking medical benefits for emergency treatment after a work injury and temporary partial disability benefits. The alleged injury occurred when her tractor-trailer overturned near Acadia, Louisiana. The Court found Ms. Howard entitled to the requested medical benefits for charges from Jefferson Davis Emergency Group, LLC, as the employer's carrier, Liberty Mutual, had already paid the bill. However, her claim for temporary partial disability benefits from January 7, 2015, to February 18, 2015, was denied, as she was deemed to have reached maximum medical improvement as of December 18, 2014, by Dr. Venugopal Gadipudi. The employer's request for reimbursement of temporary partial disability benefits paid after the MMI date was deferred.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Partial DisabilityMaximum Medical Improvement (MMI)Emergency TreatmentTruck Driver InjuryMotor Vehicle AccidentNeurological CareInsurance Carrier Liability
References
4
Case No. 2019-07-0058
Regular Panel Decision
Jul 16, 2019

Cornelison, Jeanette v. JTN Lodging, LLC

Ms. Cornelison sought additional medical and temporary disability benefits for injuries to her right knee and back, which JTN Lodging, LLC contested. An Expedited Hearing found her likely to prevail on medical benefits but not temporary disability. The Court accepted Dr. Michael Smigielski's opinion, who linked both the knee and sciatica to the work injury, over Dr. John Masterson's conflicting views. Consequently, Dr. Smigielski was designated the authorized treating physician for both conditions. Temporary disability benefits were denied due to insufficient evidence regarding the duration of her inability to work.

Workers' CompensationMedical BenefitsTemporary DisabilityKnee InjuryBack InjurySciaticaMeniscus TearCausationAuthorized Treating PhysicianExpedited Hearing
References
7
Case No. 2015-01-0199
Regular Panel Decision
Feb 10, 2016

Tolbert, Christoper v. MPW Industrial Services at Volkswagen

This Expedited Hearing Order addresses Christopher Wade Tolbert's request for additional temporary disability benefits following a work-related injury to his head, neck, and back on June 29, 2015, while employed by MPW Industrial Services at Volkswagen. The central issues were Mr. Tolbert's entitlement to benefits and the correct weekly compensation rate. The Court found Mr. Tolbert was entitled to temporary total disability benefits from June 30, 2015, to July 9, 2015, and temporary partial disability benefits from July 10, 2015, to August 3, 2015, due to the employer's failure to provide accommodated work. Furthermore, he was awarded an additional $7.93 per week from August 4, 2015, to October 14, 2015, to correct an underpayment, and temporary partial disability benefits from November 11, 2015, onwards, based on ongoing medical restrictions from Dr. Stephen Dreskin. The Court established his correct weekly compensation rate as $261.28.

Workers' CompensationTemporary Disability BenefitsExpedited HearingWage StatementCompensation RateMedical TreatmentModified DutyEmployer AccommodationPain ManagementNeck Injury
References
7
Case No. 2016-01-0035 / 67325-2014
Regular Panel Decision
Aug 07, 2017

Findley, Jack v. Volswagen Group of America, Inc.

This case involves an employee, Jack Keith Findley, who sustained a back injury while working for Volkswagen. He sought temporary and additional permanent partial disability benefits, leading to a dispute over his impairment rating, maximum medical improvement date, and the compensability of his condition. The Court of Workers' Compensation Claims sided with Mr. Findley, awarding him the requested disability benefits and future medical care under Dr. Jolley, based on Dr. Hodges' medical opinion regarding his work-related injury and functional limitations. The court also allowed Volkswagen to offset short-term disability payments.

Workers' CompensationPermanent Partial DisabilityTemporary Partial DisabilityMedical BenefitsImpairment RatingMaximum Medical ImprovementVoluntary ResignationMedical Opinion ConflictBack InjuryLumbar Disc Herniation
References
5
Case No. 2015-07-0114
Regular Panel Decision
Oct 12, 2015

Miller, Torris v. TA Operating Corp.

Torris Miller, a diesel mechanic, sustained a back injury at work on November 3, 2014, while changing a tractor-trailer tire for TA Operating Corp. He filed a request for an expedited hearing seeking past medical and temporary disability benefits. The Court found that Mr. Miller provided sufficient notice of his work-related injury to the employer. Although TA Operating Corp. argued that Mr. Miller's termination for job abandonment precluded him from receiving ongoing temporary disability benefits, the Court disagreed, finding the termination improper. Consequently, the Court granted Mr. Miller temporary total disability and temporary partial disability benefits, but denied his request for payment of past medical expenses due to insufficient proof of the reasonableness of the charges.

Workers' CompensationBack InjuryTemporary DisabilityJob AbandonmentMedical ExpensesNotice RequirementEmployer LiabilityTennessee LawExpedited HearingDisability Benefits
References
13
Case No. 2015184839
Regular Panel Decision
Nov 17, 2015

Lallo, Ralph Joseph v. Marion Environmental, Inc.

Ralph Joseph Lallo, an employee, filed a motion seeking temporary disability benefits against his employer, Marion Environmental, Inc. Mr. Lallo sustained a compensable injury to his right upper extremity on April 2, 2015. The court found that Marion Environmental, Inc. did not terminate Mr. Lallo for cause, and thus, his separation would not preclude him from receiving temporary partial disability benefits. Medical evidence from Dr. Donald Huffman indicated substantial restrictions on Mr. Lallo's right arm, rendering him partially disabled. The court concluded that Mr. Lallo was entitled to temporary partial disability benefits and ordered Marion Environmental, Inc. to pay past benefits from May 1-6, 2015, and from September 28, 2015, onward at a compensation rate of $696.03 per week.

Workers' Compensation BenefitsTemporary Partial DisabilityUpper Extremity InjuryOrthopedic DiagnosisEmployment TerminationMedical Work RestrictionsWage Loss ClaimsExpedited Hearing DecisionEmployer Accommodation DisputeDr. Donald Huffman
References
9
Case No. 2015-07-0067
Regular Panel Decision
Oct 02, 2015

Hardin, Chris v. Dewayne’s Quality Metals

Chris Hardin, an employee, sought medical and temporary disability benefits for bilateral arm injuries allegedly sustained gradually during his repetitive work at Dewayne's Quality Metals. The employer and its insurer, Accident Fund, contested the work-relatedness of the injury. The court granted Mr. Hardin medical benefits for further evaluation of his alleged injuries, determining he presented sufficient evidence to likely prevail on the causation issue for medical treatment. However, the court denied his claims for temporary disability benefits and outstanding medical bills at this time, awaiting expert medical evidence confirming a causal connection between his employment and disability.

Workers' CompensationGradual InjuryBilateral Arm InjuriesCarpal Tunnel SyndromeUlnar Nerve NeuropathyDiabetic NeuropathyMedical BenefitsTemporary Disability BenefitsCausationNotice Requirements
References
8
Case No. 2016-07-0459
Regular Panel Decision
Jun 08, 2017

Butler, Larry v. AAA Cooper Transportation

Larry Butler, an over-the-road truck driver for AAA Cooper Transportation, was involved in a truck crash in Alabama in May 2016. He sustained a T12 compression fracture of the thoracic spine and a torn right rotator cuff. Mr. Butler requested medical and temporary disability benefits, which AAA denied, arguing the injury was due to an idiopathic condition or a willful failure to perform a duty required by law. The Court rejected AAA's defenses, finding that the injury arose primarily from a hazard incident to employment. Consequently, the Court granted Mr. Butler medical benefits, including a panel of physicians for his shoulder injury and payment of outstanding medical bills, but denied temporary disability benefits due to a lack of medical opinion supporting total disability.

Workers' CompensationTruck AccidentIdiopathic Injury DefenseMedical BenefitsTemporary Disability BenefitsDuty Required by LawWillful MisconductFederal DOT RegulationsAlabama LawTennessee Law
References
7
Case No. 2016-08-1235
Regular Panel Decision
Oct 02, 2017

Zhu, Hongwei v. Great China Supermarket

Mr. Hongwei Zhu filed for an expedited hearing seeking medical and temporary total disability benefits for a left ankle injury sustained on October 25, 2016, while working for Great China Supermarket. The employer was uninsured and disputed the claim. The Court found Great China Supermarket subject to Workers' Compensation Law, granted Mr. Zhu's request for past and future medical treatment with Dr. James Robinson, and found him eligible for benefits from the Uninsured Employer's Fund. However, the Court denied temporary total disability benefits as the period of disability was less than seven days.

Ankle InjuryMedical BenefitsTemporary DisabilityUninsured EmployerExpedited HearingCausationEmployer LiabilityWorkplace InjuryMedical TreatmentDisability Claim
References
5
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