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Case Law Database

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

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. MISSING
Regular Panel Decision

Claim of Yanarella v. IBM Corp.

Claimant, a computer programmer, alleged total industrial disability due to multiple chemical sensitivities incurred during her work in a manufacturing environment. The Workers’ Compensation Board's medical examiner and an independent rehabilitation report both concluded she was only permanently partially disabled and remained reasonably employable. The Workers’ Compensation Law Judge classified her as permanently partially disabled, a finding which the Board affirmed. The claimant appealed this decision, raising procedural arguments regarding denied cross-examination and hearings, but the court found these issues were waived or lacked merit as they were not properly raised or requested. Ultimately, the court affirmed the Board's decision, citing substantial medical evidence supporting the conclusion that the claimant was not totally industrially disabled.

chemical sensitivitiesindustrial disabilitycomputer programmerpermanent partial disabilitymedical evidencecross-examination waiverappellate reviewWorkers' Compensation Boardvocational assessmentdue process
References
6
Case No. MISSING
Regular Panel Decision

Claim of Kowalchyk v. Wade Lupe Construction Co.

The claimant, a carpenter over 60 with an 11th-grade education, fractured his back and wrist in August 1985 while on a construction jobsite. Initially, his physician, Dr. James Slavin, considered him totally disabled, and he received total disability benefits from his employer's carrier. However, in December 1985, the employer reduced benefits to a partial disability rate, relying on a report from their consultant, Dr. Edward Pasquarella. The claimant subsequently filed for compensation, leading to a determination by the Workers’ Compensation Law Judge and ultimately the Workers’ Compensation Board that he had a total industrial disability. The employer appealed this decision, arguing it lacked substantial evidence. The court affirmed the Board's decision, considering the claimant’s physical limitations, age, work experience, and limited education, concluding he had no marketable skills outside carpentry.

Workers' CompensationTotal Industrial DisabilityPartial DisabilityMedical Testimony ConflictEarning Capacity AssessmentAppellate ReviewVocational RehabilitationAge & Education FactorsCarpenter InjuryScaffold Accident
References
3
Case No. MISSING
Regular Panel Decision

Davis v. Reagan

This consolidated appeal addresses whether permanent total disability can be awarded in Tennessee when an anatomical disability rating is below 16.7 percent. The Supreme Court reconciles conflicting panel decisions, specifically overruling Seiber v. Greenbrier Industries, Inc. The court holds that the limitations outlined in Tenn.Code Ann. § 50-6-241, which apply to permanent partial disability awards, do not extend to permanent total disability claims. The decision affirms the trial courts' judgments, allowing individuals like Vernon Ray Davis and Bessie Lou Rayfield to receive permanent total disability benefits despite having anatomical impairment ratings under 16.7 percent.

Permanent Total DisabilityPermanent Partial DisabilityWorkers' Compensation ActAnatomical Impairment RatingStatutory InterpretationTennessee LawConsolidated AppealVocational DisabilityEmployee RetentionLegislative Intent
References
8
Case No. 2015-01-0201
Regular Panel Decision
Nov 05, 2015

Amos, Karen v. Chattanooga Goodwill Industries, Inc.

Karen Amos, an employee, sought to change her authorized treating physician or obtain a second opinion, and claim temporary disability benefits, after sustaining a back injury at Chattanooga Goodwill Industries, Inc. She expressed dissatisfaction with Dr. Madigan's care, who released her without restrictions, but provided no countervailing medical evidence to support her request. Goodwill opposed her requests, arguing she selected a physician from a valid panel and disputing her entitlement to benefits. The Court denied both her requests, finding no statutory authority for changing physicians or obtaining a second opinion under the presented circumstances. Additionally, her claim for temporary total disability benefits was denied due to the absence of medical expert opinion establishing a causal link between her injury and her inability to work.

Workers' CompensationMedical Treatment DisputeTemporary Total DisabilityPhysician ChoiceSecond Medical OpinionExpedited HearingBack InjuryEmployee TerminationTennessee LawStatutory Interpretation
References
9
Case No. MISSING
Regular Panel Decision

Matter of Paez v. Lackman Culinary Services

Claimant, an immigrant, injured his lower back while working as a food service worker in 2010. His workers' compensation claim was established, leading to surgery in 2012 for a herniated disc. Despite surgery, he continued to experience pain and was unable to return to his job. A WCLJ determined he had a permanent partial disability and an 80% loss of wage-earning capacity, which was affirmed by the Workers' Compensation Board. Claimant appealed, arguing the Board failed to consider total industrial disability, an issue he had raised before the WCLJ. The appellate court found that the Board did err by not addressing the total industrial disability claim and remitted the matter for further proceedings, as total industrial disability can have a more favorable outcome than loss of wage-earning capacity.

Permanent Partial DisabilityWage-Earning CapacityTotal Industrial DisabilityLumbar DiscectomyLaminectomyMedical ExaminationRemittalAppellate ReviewBack InjuryFood Service Worker
References
4
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
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. 2019-08-0544
Regular Panel Decision
Mar 01, 2022

Braden, Tawan v. Mohawk Industries, Inc.

The Appeals Board affirmed the trial court's order in favor of employee Tawan Braden, who suffered a right ankle injury while working for Mohawk Industries, Inc. The trial court determined a subsequent incident, which caused a 'pop' and increased ankle symptoms, was a direct and natural consequence of the initial compensable work injury. Consequently, the employee was found to be permanently and totally disabled, and the employer's claims for alleged overpayment of temporary disability benefits were denied. The Appeals Board concluded that the employee's actions leading to the subsequent injury were not negligent, thus upholding the causal link between the original work injury and the resulting peroneal tendon tear and permanent disability.

Workers' CompensationAnkle InjuryPermanent Total DisabilityDirect and Natural Consequence RuleVocational Expert TestimonyTemporary Disability BenefitsCausal RelationAppellate ReviewMedical EvidenceEmployment Law
References
17
Case No. 2015-07-0203
Regular Panel Decision
Jun 10, 2016

Hall, Steven v. Mid-South Industrial, Inc.

Steven Hall, a 55-year-old millwright, filed a claim for workers' compensation benefits after sustaining a left knee injury at work in September 2014. His employer, Mid-South-Industrial, Inc., denied the claim, attributing it to a pre-existing condition and subsequently terminating Hall for attendance issues. The court considered conflicting medical opinions from Dr. David Pearce, Dr. Bradford Wright, and Dr. Samuel Chung regarding the injury's causation and impairment. Judge Allen Phillips accredited Dr. Wright's opinion, determining the injury was compensable and arose primarily out of Hall's employment. The judge also ruled that Mid-South failed to provide adequate proof that Hall's termination was for cause, entitling him to temporary partial disability benefits. Hall was awarded past and future medical benefits, temporary total and partial disability, and permanent partial disability based on a one percent impairment.

Knee InjuryMeniscus TearDisability BenefitsMedical BenefitsCausationPermanent Partial ImpairmentTemporary Total DisabilityTemporary Partial DisabilityEmployment TerminationTennessee Workers' Compensation Law
References
11
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