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

Case No. MISSING
Regular Panel Decision

Soto v. Texas Employers' Insurance Ass'n

Tom Soto, Jr., an injured worker, filed a worker's compensation claim against Texas Employers’ Insurance Association after suffering a right thumb injury that extended to his hand. A jury found total and partial loss of use of his thumb, and partial loss of use of his hand. Soto appealed the trial court's compensation calculation and its refusal to award separate compensation for the thumb and hand injuries. The appellate court affirmed the lower court's decision, ruling that the trial court correctly applied the current worker's compensation statute, which limits partial permanent incapacity awards based on a statutory maximum weekly benefit. Additionally, the court held that compensation cannot be cumulated for a single injury affecting multiple parts of the same limb (thumb and hand are considered one member below the elbow for compensation purposes).

Worker's Compensation LawIndustrial AccidentThumb and Hand InjuryPermanent Partial DisabilityCompensation CalculationStatutory InterpretationAppellate Court DecisionTexas Civil StatutesSpecific Schedule InjuryLoss of Use
References
6
Case No. 2015-08-0229
Regular Panel Decision
Sep 16, 2015

Rodgers, Clark v. Armstrong Transfer & Storage

Clark Rodgers, an employee of Armstrong Transfer & Storage, filed for an expedited hearing seeking medical and temporary disability benefits for a left-hand/thumb injury, in addition to an accepted right-leg injury from an April 23, 2015, work incident. Armstrong denied the hand/thumb injury, arguing it was not reported until unauthorized visits and did not arise out of employment. Judge Jim Umsted found Mr. Rodgers credible regarding the hand injury occurring during the incident. The Court ordered Armstrong to authorize an evaluation of Mr. Rodgers' left hand/thumb by Dr. John Hayes to determine if it arose primarily out of employment and to provide subsequent medical treatment if deemed work-related. However, the Court denied payment for unauthorized past medical visits and additional temporary disability benefits, as Mr. Rodgers was released at MMI for his leg and kept on full-duty work status. The matter is set for a Scheduling Hearing on October 21, 2015.

Expedited HearingMedical BenefitsCompensable InjuryLeft Hand InjuryWorker CredibilityUnauthorized TreatmentTemporary DisabilityMedical EvaluationCausationWorkers' Compensation Law
References
21
Case No. MISSING
Regular Panel Decision

Texas Employers Insurance Ass'n v. Barker

In this workers’ compensation case, Texas Employers Insurance Association (TEIA) appealed a judgment awarding Laverne Barker cumulative benefits for 210 weeks due to the loss of use of her left thumb and hand. The core issue was whether compensation for both injuries could be cumulated. The jury found permanent total loss of use for both the thumb and the hand. However, the appellate court, interpreting Tex. Rev.Civ.Stat.Ann. art. 8306, § 12, determined that Barker suffered a single injury to her hand, which included the thumb. Consequently, the court held that Barker was entitled to compensation for 150 weeks for the hand injury only. The judgment was reversed and remanded for recalculation.

Injury BenefitsLoss of UseThumb InjuryHand InjuryCumulative CompensationConcurrent IncapacitiesStatutory ConstructionAppellate ProcedureJury FindingsTexas Civil Statutes
References
5
Case No. MISSING
Regular Panel Decision

Claim of Pedro v. Liberty Lines Express

The claimant, a mechanic, sustained an injury resulting in the amputation of his right thumb. The Workers’ Compensation Board determined this constituted a 50% schedule loss of the use of his right hand and awarded benefits. The employer appealed this decision, arguing that the injury was exclusively to the thumb and that the Workers’ Compensation Law does not explicitly allow for a single digit loss to be compensated as a partial loss of hand function. The court adopted a flexible approach, asserting that schedule allowances should not be deemed exclusive when treating a smaller member's loss as a percentage of a larger member's loss. Based on the testimony of the Board’s principal medical examiner, who stated the thumb injury diminished the prehensile function of the entire right hand, the court affirmed the Board's finding, concluding it was supported by substantial evidence.

Workers’ CompensationSchedule LossThumb AmputationRight Hand InjuryPrehensile FunctionAppellate ReviewMedical TestimonyInjury CompensationStatutory InterpretationDisability Benefits
References
5
Case No. MISSING
Regular Panel Decision

Onley v. National Union Fire Insurance Co. of Pittsburgh

This workers' compensation case addresses the appropriate scheduled member for a compensable injury and the extent of disability. The employee suffered a severe comminuted fracture to the first metacarpal bone in his left hand and a laceration on June 8, 1988. An orthopedic surgeon assessed a 63% permanent partial disability to the left thumb, which could also translate to hand or arm impairment, noting the fracture extended slightly into the wrist joint. The trial court awarded 60% permanent partial disability to the left thumb. On appeal, the court determined the injury was more appropriately classified as a disability to the left hand due to the fracture's location at the base of the thumb extending into the hand. Consequently, the judgment was modified to award 50% permanent partial disability to the left hand, affirming the trial court in all other respects.

Workers' CompensationScheduled InjuryPermanent Partial DisabilityLeft Hand InjuryThumb FractureMetacarpal BoneMedical TestimonyOrthopedic SurgeonAppellate ReviewTrial Court Modification
References
6
Case No. MISSING
Regular Panel Decision

Injury Fund St. Tx. v. Conrad

This case involves Adelina Conrad, who was born without a right hand or wrist and later sustained a work-related injury to her left arm, resulting in total and permanent disability. She sought lifetime workers' compensation benefits from The Second Injury Fund of Texas, which was established to encourage the employment of handicapped workers by limiting employer liability for second injuries. The Fund appealed a jury verdict in Conrad's favor, contending that a congenital defect cannot be considered a 'previous loss' under the statute because one cannot lose what one never had. The court affirmed the trial court's judgment, interpreting 'loss or loss of use' to include congenital defects, thus allowing Conrad to receive benefits from the Fund. This decision aligns with the legislative intent to aid handicapped workers and provides a broader application of the Second Injury Fund provisions.

Workers' CompensationSecond Injury FundCongenital DefectPermanent Total DisabilityStatutory InterpretationTexas LawAppellate ReviewOccupational InjuryEmployer LiabilityLegislative Intent
References
31
Case No. MISSING
Regular Panel Decision

Matter of Deck v. Dorr

This is a dissenting opinion concerning a Workers' Compensation Board's amended decision regarding a schedule loss of use (SLU) award. The claimant had already received a 100% SLU award for the loss of four fingers on their right hand and was granted an additional 100% SLU for their right thumb. The dissenting judge, Aarons, J., argues that there was a lack of substantial medical evidence to support the additional award for the thumb, as the claimant's surgeon did not explain how the thumb injury was separate and distinct from the injury to the other four fingers, which resulted from a single incident. The dissent highlights that the New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity specify that the loss of all fingers at proximal phalanges equates to 100% loss of use of the hand. Based on this, the dissenting judge would have reversed the portion of the amended decision granting the additional SLU for the thumb, although the final order stated the amended decision was affirmed.

schedule loss of useSLU awardright hand injurythumb amputationfinger amputationworkers' compensation boarddissenting opinionmedical evidencepermanent impairmentwage earning capacity
References
3
Case No. MISSING
Regular Panel Decision

Second Injury Fund of Texas v. Garcia

George Garcia, Jr., who suffered the loss of a hand and subsequently the loss of use of a foot, sought workers' compensation benefits from the Second Injury Fund of Texas (SIF). The trial court found him totally and permanently incapacitated and awarded a lump-sum payment, disregarding a jury finding of partial incapacity. The SIF appealed, contesting the nature of the injury, the finding of total incapacity, the award of lifetime benefits, and the lump-sum payment. The appellate court affirmed the trial court's judgment, confirming that Garcia was entitled to total and permanent incapacity benefits and a lump-sum payment under the relevant Texas Workers' Compensation Act provisions, including sections 11a, 10(b), and 10(d) of Article 8306.

Workers' CompensationSecond Injury FundTotal Permanent IncapacityLump-Sum BenefitsSpecific InjuryAppellate ReviewJury Finding DisregardStatutory InterpretationDiscovery DisputesExpert Witness Testimony
References
17
Case No. 10-93-224-CV
Regular Panel Decision
May 18, 1994

Subsequent Injury Fund of the State of Texas (Formerly the Second Injury Fund) v. Larry Milligan

The Subsequent Injury Fund appeals a judgment awarding Larry Milligan lifetime benefits for injuries sustained at work. Milligan suffered two ankle injuries in 1987 and a third in 1989, leading to the total loss of use of both feet. He sued the Fund for lifetime benefits after settling with the workers' compensation carrier. The jury found permanent, total loss of use of both feet. The Fund challenged its statutory liability for lifetime benefits and the court's refusal to submit a jury question on total and permanent incapacity. The appellate court affirmed, finding the first issue unpreserved and the second resolved by a statutory conclusive presumption of total and permanent incapacity for the loss of both feet.

Workers' Compensation LawSubsequent Injury FundLifetime BenefitsTotal Permanent IncapacityAnkle InjuriesStatutory InterpretationAppellate ReviewJury InstructionsConclusive PresumptionOccupational Injuries
References
6
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
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