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Case Law Database

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

Case No. 2015-03-0233
Regular Panel Decision
Apr 29, 2016

Roark, Kristen v. Team Health

Kristin Roark, an audit clerk for Team Health, sustained a right eye injury on March 17, 2015. Team Health initially provided workers' compensation benefits but later terminated temporary total disability benefits on April 7, 2015, citing a return-to-work note. Ms. Roark disputed this termination, stating she never received certain return-to-work information. The court found that Ms. Roark established she was disabled from working due to a compensable injury and that a causal connection existed between the injury and her inability to work. Consequently, the Court granted her request for additional temporary total disability benefits.

Temporary Total Disability BenefitsExpedited HearingEye InjuryMedical Treatment DisputeReturn to Work StatusCausation of InjuryBenefit TerminationPhysician AuthorizationTennessee Workers' Compensation LawWorkers' Compensation Judge Decision
References
4
Case No. 2016-01-0218
Regular Panel Decision
Jun 06, 2016

Sanchez, Yonics v. Oz Construction Co.

Yonics Alexis Enriquez Sanchez, an undocumented worker, sought temporary total disability benefits for a left-knee injury sustained in November 2014 while working for Oz Construction Co. The Expedited Hearing, presided over by Judge Thomas Wyatt in Chattanooga, focused on his entitlement to benefits for the period between April 1, 2015, and December 15, 2015, following surgery by Dr. Benjamin S. Miller. The court awarded Mr. Sanchez temporary total disability benefits for the period from April 1, 2015, until May 19, 2015, based on medical records and testimony. However, his claim for the subsequent period until December 15, 2015, was denied due to discrepancies in work status information, resulting in a net award of $1,835.23.

Workers' CompensationTemporary Total DisabilityExpedited HearingKnee InjuryUndocumented WorkerMedical RecordsCredibility AssessmentCausal ConnectionDisability DurationOrthopedic Surgery
References
4
Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. 2015-03-0412
Regular Panel Decision
May 06, 2016

Morgan, Angela v. DRS Product Returns

Angela Morgan, a damaged merchandise scanner, sustained a right elbow injury on September 22, 2014, leading to neck and shoulder pain and subsequent termination for unexcused absences. After an MRI, Dr. Patrick Bolt diagnosed a herniated disc and performed surgery on December 10, 2015. Ms. Morgan sought temporary total disability benefits from December 10, 2015, through March 28, 2016. The employer, DRS Product Returns, argued that Dr. Bolt's deposition indicated an earlier return to light duty. However, the Court found Ms. Morgan demonstrated a likelihood to prevail, citing Dr. Bolt's office notes confirming she was kept off work until March 28, 2016, due to slow bone graft healing. The Court granted her request for temporary total disability benefits for the specified period.

Temporary Total DisabilityWorkers' CompensationExpedited HearingWorkplace InjuryHerniated DiscCervical Fusion SurgeryReturn to Work RestrictionsMedical ReportsCausationBurden of Proof
References
4
Case No. No. 13
Regular Panel Decision

Fagg v. Hutch Manufacturing Co.

This workers' compensation case involved an appeal by Hutch Manufacturing Company and its insurance carrier concerning an employee, Mrs. Fagg, who sustained a compensable injury. The appeal raised issues regarding the duration of temporary total disability (TTD) benefits, the extent of permanent partial disability (PPD), a 6% penalty for unpaid installments, and medical expenses. The Court dismissed a preliminary appeal as interlocutory. It found the trial court erred in determining the termination date of TTD, concluding that Mrs. Fagg's TTD benefits should cease on October 9, 1984, the latest date for maximum medical recovery according to Dr. Coughlin's evaluations. The Court affirmed the trial court's award of 65% PPD to the body as a whole, emphasizing the consideration of non-medical factors in assessing disability. Furthermore, the Court upheld the 6% penalty on unpaid compensation installments due to the employer's demonstrated bad faith. The case was remanded for a more explicit allocation of medical expenses.

Temporary Total DisabilityPermanent Partial DisabilityMedical Impairment RatingJudicial ReviewRemandPenalty for Non-PaymentMedical EvidenceObjective SymptomsSubjective ComplaintsWorkers' Compensation Appeal
References
12
Case No. 2016-08-0678
Regular Panel Decision
Nov 04, 2016

Booze, Barbara v. Memphis Area Transit Authority

Ms. Barbara Booze, a sixty-year-old bus driver, suffered a work-related mental injury in September 2015 after witnessing a shooting. She received temporary total disability benefits from September 2, 2015, through May 3, 2016. Ms. Booze filed a Request for Expedited Hearing, seeking temporary disability benefits from May 3 to September 8, 2016, when she reached maximum medical improvement (MMI). The employer, Memphis Area Transit Authority (MATA), offered a light duty reservationist position, but Ms. Booze declined due to her anxiety related to buses. The Workers' Compensation Judge denied her claim, finding she did not provide sufficient medical proof of total disability or light duty restrictions to support entitlement to temporary partial disability benefits for the requested period.

Workers' CompensationTemporary Disability BenefitsPost-traumatic Stress DisorderPsychological InjuryMaximum Medical ImprovementReturn to WorkLight DutyExpedited HearingMedical EvidenceEmployer Accommodation
References
3
Case No. MISSING
Regular Panel Decision

Matter of Brady v. Northeast Riggers & Erectors

In March 2012, the claimant, a union construction laborer, sustained a work-related back and abdomen injury. A Workers' Compensation Law Judge (WCLJ) initially found the claimant attached to the labor market but deemed a total industrial disability finding premature because permanent disability had not yet been classified. The Workers’ Compensation Board upheld this determination. The claimant appealed, arguing the Board erred in declining to classify him with a temporary total industrial disability. The Court affirmed the Board's decision, asserting that a classification of temporary total industrial disability cannot be made without a prior determination of permanency.

Workers' CompensationIndustrial DisabilityPermanent DisabilityTemporary DisabilityLabor MarketAppellate DivisionBoard DecisionPremature DeterminationGainful EmploymentWork History
References
6
Case No. 2016-06-0910
Regular Panel Decision
Jul 24, 2018

Fegan, Mark v. CSI Medical, Inc.

The case involved Mark Fegan seeking temporary disability benefits from his employer, CSI Medical, Inc., and its carrier, Am Trust, following a back injury in October 2015. Initially, Dr. Sullivan declared Fegan at maximum medical improvement (MMI) in March 2016, leading to a cessation of benefits. However, Fegan later sought treatment from Dr. Ronald Lakatos in Ohio, who performed surgery in May 2017 and provided a medical opinion contradicting Dr. Sullivan's MMI assessment. Dr. Lakatos stated that Fegan was not at MMI as of March 2016 and remained disabled through May 2017. The Court weighed the medical opinions, giving more weight to Dr. Lakatos's in-depth analysis, and found that Mr. Fegan was likely to prevail in demonstrating his entitlement to temporary disability benefits for the period from April 1, 2016, through May 30, 2017. Consequently, the Court ordered CSI to pay lump-sum temporary total disability benefits totaling $19,389.52.

Temporary DisabilityMedical ImprovementSpinal InjurySurgeryMMI DisputeMedical EvidenceExpedited HearingBenefit DeterminationCausationDisability Duration
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. 2016-01-0670
Regular Panel Decision
Jul 26, 2017

Burnette, Sr., DeWayne v. Westrock Company

DeWayne Burnette, Sr., an employee of Westrock Company, sought temporary disability and medical benefits after sustaining a heat-related injury on July 8, 2016, which led to acute renal failure. The Court of Workers' Compensation Claims at Chattanooga found that Westrock had actual notice of the injury and that the injury arose primarily out of and in the course and scope of employment, relying on the medical opinions of treating physicians Dr. Joseph Watlington and Dr. Philip Bannor. The Court ordered Westrock and its insurance carrier to pay accrued and future temporary total disability benefits and to cover all reasonable and necessary medical treatment. However, the Court deferred decisions on attorney's fees and penalties, referring the penalty assessment to the Bureau's penalty unit.

Heat-Related InjuryRenal FailureRhabdomyolysisDehydrationTemporary Total DisabilityMedical BenefitsWorkers' Compensation ClaimsActual NoticeCausationMedical Expert Testimony
References
5
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