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Case Law Database

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

Case No. 2015-02-0126
Regular Panel Decision
Jul 26, 2016

Rucker, Tony v. Flexible Staffing Solutions of Tennessee

Tony Rucker, an employee of Flexible Staffing Solutions of Tennessee, filed a Renewed Motion to Compel Payment of Benefits for a neck and right shoulder injury sustained on September 2, 2014, while working at Eagle Bend Manufacturing. The Workers' Compensation Judge, Pamela B. Johnson, granted Mr. Rucker's motion for temporary disability and medical benefits. The court found Mr. Rucker's testimony credible and determined he is likely to prevail on the issue of compensability, establishing his injury arose primarily out of and in the course and scope of his employment. The employer failed to provide a panel of physicians, impacting the weight of medical opinions. The court ordered Flexible Staffing to pay past medical expenses for the neck injury and ongoing temporary partial disability benefits, reserving the issue of past medical expenses for the right shoulder for a later date.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityNeck InjuryShoulder InjuryCausationTreating PhysicianPanel of PhysiciansMedical Impairment
References
14
Case No. 2015-08-0166
Regular Panel Decision
Oct 13, 2015

Kimery, Robert v. Trillium Staffing

Robert Kimery, an employee of Trillium Staffing, filed a Request for Expedited Hearing seeking medical and temporary disability benefits for a left-knee injury sustained during work. He claimed to have fallen while carrying a pipe, injuring his knee. However, pre-existing medical records revealed prior left-knee swelling and pain. Dr. Jones, the panel-selected physician, opined that it was more likely the injury was not work-related due to pre-existing conditions not disclosed by Kimery. The court, affording Dr. Jones's opinion a presumption of correctness, found insufficient medical evidence to establish that the injury arose primarily out of Kimery's employment. Consequently, the requests for medical and temporary disability benefits were denied.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityKnee InjuryCausationPre-existing ConditionBurden of ProofMedical OpinionTennessee Law
References
10
Case No. MISSING
Regular Panel Decision
May 29, 2003

Cardinal Health Staffing Network, Inc. v. Bowen

Cardinal Health Staffing Network, Inc. (Cardinal) appealed the denial of a temporary injunction sought to enforce a non-competition covenant and prevent unfair competition by its former employee, Jay Bowen. Bowen, a former scheduler, joined a competing firm, CompleteRx, after leaving Cardinal, prompting Cardinal's lawsuit alleging breach of covenants and misappropriation of trade secrets. The trial court denied the injunction without stating reasons, leading Cardinal to argue error based on irreparable injury or the inapplicability of such a requirement under the Covenants Not to Compete Act or the 'inevitable disclosure' doctrine. The appellate court affirmed the trial court's decision, holding that Cardinal failed to prove irreparable injury and clarifying that the Covenants Not to Compete Act governs final remedies, not preliminary relief, thus requiring proof of irreparable injury for a temporary injunction. The court also declined to adopt or apply the 'inevitable disclosure' doctrine under the circumstances.

Non-competition CovenantTemporary InjunctionTrade SecretsUnfair CompetitionIrreparable InjuryAdequate Legal RemedyCovenants Not to Compete ActInevitable Disclosure DoctrineEmployment AgreementBreach of Contract
References
97
Case No. 11-04-00191-CV
Regular Panel Decision
Dec 01, 2005

Fernando Morales v. Martin Resources, Inc., Martin Operating Partnership, L.P., and Select Professional Staffing

Fernando Morales, a temporary employee, sued Martin Resources, Inc., Martin Operating Partnership, L.P., and Select Professional Staffing for negligence after sustaining a hand injury at Martin Resources' Odessa facility. The trial court initially granted summary judgment to the defendants, citing the exclusive remedy provision of the Texas Workers' Compensation Act (TWCA). On appeal, the Eleventh Court of Appeals reviewed whether the defendants had sufficiently proven their workers' compensation insurance coverage, a necessary condition for the exclusive remedy provision to apply. The court found that neither Select Professional Staffing nor Martin Resources, Inc. provided adequate evidence of explicit workers' compensation coverage for themselves. Consequently, the appellate court reversed the trial court's summary judgment and remanded the case for further proceedings, emphasizing the burden of proof for establishing affirmative defenses like the exclusive remedy provision.

Workers' Compensation ActExclusive RemedySummary Judgment ReversalTemporary EmployeesStaff LeasingNegligence ClaimsAppellate Court DecisionInsurance Coverage DisputeEmployer LiabilityTexas Labor Law
References
8
Case No. 2020-06-1140A, 2020-06-1140B, 48475-2020, 48477-2020
Regular Panel Decision
Mar 01, 2021

Payne, Michael v. Road Scholar Staffing, Inc.

Michael Payne sought medical and temporary disability benefits for injuries to his neck, back, and left shoulder resulting from a rollover accident while allegedly employed by Road Scholar Staffing. Neither Road Scholar Staffing nor Yellowstone Transportation Group, both uninsured employers, responded to the claim. The Court found Mr. Payne likely to prove his injuries were work-related and ordered Road Scholar Staffing to provide medical treatment and pay past medical bills. However, his request for temporary disability benefits was denied due to insufficient evidence. Road Scholar Staffing was also referred to the Compliance Program for failing to provide a panel of physicians.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityUninsured EmployerRollover AccidentNeck InjuryBack InjuryShoulder InjuryCompliance Program Referral
References
4
Case No. 2018-01-0699
Regular Panel Decision
Dec 20, 2019

Harrison, Elixabeth v. Chattanooga Staffing

Ms. Harrison, a caregiver, suffered a neck and shoulder injury while working for Chattanooga Staffing. The Court initially ordered temporary disability and medical benefits. However, Chattanooga Staffing later sought an expedited hearing to discontinue these benefits, disputing the work-relatedness of her injuries. Relying on Dr. Alex Sielatycki's medical opinion, which indicated the employment could not be definitively confirmed to contribute more than fifty percent to her condition or need for surgery, the Court found Ms. Harrison failed to rebut the statutory presumption favoring the panel physician. Consequently, the Court granted Chattanooga Staffing's request, terminating Ms. Harrison's medical and temporary disability benefits.

Temporary Disability BenefitsMedical BenefitsCausation DisputeExpedited HearingPanel Physician OpinionPre-existing Condition AggravationStatutory PresumptionCaregiver InjuryNeck InjuryShoulder Injury
References
0
Case No. 2023-03-1417
Regular Panel Decision
Nov 07, 2024

Everett, Delta v. Life Style Staffing

The Tennessee Workers' Compensation Appeals Board affirmed a trial court's order granting temporary disability benefits to employee Delta Everett. Everett suffered a work injury while employed by Life Style Staffing. Initially, she accepted light duty but did not return due to a driving restriction. Almost a year later, an authorized orthopedic surgeon, Dr. Patrick Bolt, provided an opinion stating Everett should have been completely restricted from work from the injury date until his nurse practitioner's examination, then placed on light duty. The Appeals Board found the trial court appropriately weighed the medical evidence, accepting Dr. Bolt's opinion, particularly since the employer offered no rebuttal. The Board denied the employee's request to deem the appeal frivolous.

Workers' CompensationTemporary Disability BenefitsLight DutyWork RestrictionsOrthopedic SpecialistCausal ConnectionExpedited HearingFrivolous AppealMedical OpinionAppeals Board Decision
References
10
Case No. 04-20-00018-CV
Regular Panel Decision
Mar 24, 2021

Dicex International, Inc. v. Amigo Staffing, Inc.

Dicex International, Inc. (Dicex) appeals a summary judgment in favor of Amigo Staffing, Inc. (Amigo) stemming from a temporary employment services agreement. An employee, Roberto Avila Rodriguez, was injured and, after receiving workers' compensation benefits from Amigo, sued Dicex. Dicex then filed a third-party petition against Amigo alleging breach of contract, misrepresentation, and a claim for contribution. The court affirmed the summary judgment, finding that the TES agreement lacked an express indemnity clause required by the Texas Labor Code and that Dicex failed to provide sufficient evidence for its claims.

Summary Judgment AppealTemporary Employment ServicesWorkers' Compensation Exclusive RemedyIndemnity AgreementBreach of ContractNegligent MisrepresentationThird-Party ContributionTexas Labor LawContract InterpretationAppellate Review
References
17
Case No. 2016-01-0091 / 870-2016
Regular Panel Decision
Jul 22, 2016

Hackney, Rachel v. Integrity Staffing Solutions, Inc., et al.

Rachel Hackney, an employee of Integrity Staffing Solutions, Inc., sustained injuries after a fall at work. She sought initial unauthorized emergency room treatment before receiving authorized medical care and being assigned work restrictions. Hackney later requested temporary partial disability benefits and payment for the unauthorized emergency room bill, asserting the employer's light duty offers were unreasonable. The trial court denied her requests, finding her refusal of light duty was for personal reasons unrelated to the injury and the emergency treatment was not authorized. The Workers’ Compensation Appeals Board affirmed the trial court's decision and remanded the case for further proceedings.

Temporary Partial DisabilityUnauthorized Medical TreatmentLight Duty RefusalWork RestrictionsMedical AuthorizationEmployer AccommodationWorkers' Compensation AppealsTrial Court AffirmationPersonal Reasons for RefusalCausation of Injury
References
10
Case No. 2019-04-0064
Regular Panel Decision
Jan 26, 2021

Mosely, Amanda v. HG Staffing, LLC

Ms. Mosley, an employee of HG Staffing, LLC, sustained a work-related injury to her right hand and wrist. She sought additional medical and temporary disability benefits. The Court found that Ms. Mosley was not likely to prevail regarding medical treatment with Dr. Terry due to insufficient proof of causation linking her current symptoms primarily to the work injury. However, the Court ruled she is likely entitled to past temporary partial disability benefits from April 8 through June 20, 2019, amounting to $3,062.03, as HG Staffing did not offer employment within her restrictions after an unwarranted termination. The case is now scheduled for a future hearing.

Workers' CompensationExpedited HearingTemporary Partial DisabilityCausationMedical Treatment DenialDe Quervain’s TenosynovitisIMETermination for CauseRight Hand InjuryWrist Pain
References
3
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