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Case Law Database

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

Case No. 2018-03-0282
Regular Panel Decision
Jul 26, 2018

Teague, James v. Proimage Wholesale Signs, LLC

James Teague, an employee, sought an expedited hearing for medical benefits related to bilateral hand numbness and weakness, which he attributed to chemical exposure at work. Earlier, he was diagnosed with allergic contact dermatitis by treating dermatologists, Drs. Quyn Rahman and Kemunto Mokaya. An independent medical evaluation by Dr. C.M. Salekin suggested chemical-induced peripheral neuropathy, but the authorized treating physician, Dr. Mokaya, later expressed uncertainty regarding the causal link between his work exposure and neurological issues, recommending a neurologist's evaluation. The Court concluded that Mr. Teague failed to establish a likelihood of prevailing on the merits for causation of his neurological symptoms. Nevertheless, it ordered the employer, Prolmage Wholesale Signs, LLC, and its carrier, EMC Insurance Company, to provide medical treatment, specifically an appointment with a panel-selected neurologist, based on Dr. Mokaya's recommendation.

Workers' CompensationMedical BenefitsExpedited HearingNeuropathyContact DermatitisChemical ExposureCausation DisputeTreating Physician OpinionIMEPanel of Physicians
References
2
Case No. 2022-08-1404
Regular Panel Decision
Feb 23, 2026

BRITT, BREEAHNA v. CENTER FOR YOUTH MINISTRY TRAINING

Breeahna Britt, an employee, sought medical benefits for a head, neck, and upper-body injury, specifically requesting her physical therapist to be named as her authorized treating physician. The employer, Center for Youth Ministry Training, initially disputed the lack of a valid physician panel but later conceded, offering a Colorado neurologists' panel during the expedited hearing. The Court denied Ms. Britt's request for the physical therapist to be authorized, citing her failure to establish a doctor/patient relationship with a physician, specifically a neurologist. However, the Court affirmed Ms. Britt's entitlement to a new panel of neurologists in Colorado and referred the employer to the compliance program for penalties due to their delay in providing a valid panel.

Workers' CompensationMedical BenefitsPhysician PanelAuthorized Treating PhysicianEmployee RelocationEmployer ObligationNeurologyPenalty AssessmentExpedited HearingTennessee Law
References
3
Case No. 2015-01-0281
Regular Panel Decision
Mar 19, 2018

Tucker, David E. v. Star Transportation

David Tucker, an employee of Star Transportation, sought to change his treating physician for a shoulder injury sustained on July 1, 2015. He expressed a loss of confidence in Dr. Mejia due to perceived ineffectual treatment, improper impairment assessment methodology, and the physician's refusal to complete a Physician Certification Form. The Court, citing precedents like Scott v. Integrity Staffing Solutions and Baker v. Electrolux, found no legal basis to compel the employer to provide a new panel of physicians. The Court ruled that Mr. Tucker's subjective dissatisfaction and the alleged inadequacies of Dr. Mejia did not warrant a change in treating physician.

Workers' CompensationShoulder InjuryTreating PhysicianMedical TreatmentImpairment RatingAMA GuidesTennessee LawRight to Control Medical TreatmentPhysician Certification FormMMI (Maximum Medical Improvement)
References
3
Case No. ADJ8055062
Regular
May 28, 2013

JAIME CASTANEDA vs. KING DAHL EVENT DESIGN, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant seeking reconsideration of a prior award that found a $15\%$ permanent disability and no industrial injury to the psyche. The applicant argues the administrative law judge (WCJ) erred by not including a neurologist's impairment rating for a sleep disorder and by not relying on the primary treating physician's orthopedic assessment. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter for the WCJ to incorporate the neurologist's sleep disorder impairment rating, finding it uncontradicted. However, one commissioner dissented, arguing the sleep disorder was secondary to pain already included in the orthopedic rating and any psychiatric component was noncompensable.

WCABReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityOrthopedistNeurologistSleep DisorderAMA GuidesImpairment Rating
References
1
Case No. MISSING
Regular Panel Decision

Claim of Feliciano v. Copstat Security Corp.

Claimant, a security dispatcher, sought workers' compensation benefits following a motor vehicle accident, alleging work-related neck and back injuries. The Workers' Compensation Law Judge (WCLJ) disallowed the claim, citing a lack of medical evidence demonstrating disability, and precluded the testimony and medical reports of the treating neurologist, Sherwood Jacobson, and treating chiropractor, Bonnie Glassman, due to their repeated failure to appear for scheduled hearings. The Workers’ Compensation Board upheld this decision. The appellate court affirmed, finding no error in the Board's decision to preclude the medical professionals' testimony and reports given their non-appearances despite due notice and subpoenas, in accordance with 12 NYCRR 300.10 [c].

Workers' CompensationMedical TestimonyPreclusion of EvidenceTreating PhysicianChiropractorNeurologistDisability ClaimAppellate ReviewProcedural RulesNon-Appearance
References
4
Case No. 2020-01-0376
Regular Panel Decision
Mar 02, 2023

Melton, Jeannette v. Amazon.com Services, LLC

Ms. Melton, an employee, sought an order for a panel of physicians in New Orleans, Louisiana, after relocating, following a work-related head injury on June 3, 2020. The employer, Amazon.com Services, LLC, denied the panel, citing a records review and issues with providing a neurologist in the requested locale. Judge Audrey Headrick found the treating physician's opinion more persuasive than the defense's record review, ruling that Ms. Melton is entitled to additional medical benefits and a panel of neurologists in her new community. The Court ordered Amazon to provide the panel by March 31, 2023. Additionally, the case was referred to the Compliance Program for consideration of penalty assessments against Amazon for its failure to provide a compliant panel and continue medical benefits.

Workers' CompensationConcussionTraumatic Brain InjuryPanel of PhysiciansMedical TreatmentOut-of-State RelocationNeurologist ReferralEmployer ObligationUtilization ReviewPenalty Assessment
References
1
Case No. 2015-06-0125
Regular Panel Decision
Jun 01, 2015

Glynise Johnson v. OBERTO Sausage Co.

Glynise Johnson, an employee of Oberto Sausage Co., filed a Request for Expedited Hearing seeking an order for her employer to provide a panel of neurologists for her work-related back and hand injury sustained on January 5, 2015, after slipping on icy stairs. Oberto had already provided a panel of orthopedic physicians, from which Ms. Johnson selected Dr. Clendenin, who recommended facet injections which she declined, asking for pain management instead. Dr. Jeffrey Hazlewood then examined her but found no evidence supporting a neurological referral. The Court denied Ms. Johnson's request, finding she failed to prove that a neurologist referral was reasonable and necessary, as none of her authorized treating physicians had recommended it. The case is set for an Initial Hearing on July 7, 2015.

Expedited HearingMedical Treatment DisputeNeurologist ReferralBurden of ProofWork InjuryBack InjuryPanel of PhysiciansPain ManagementFacet JointTennessee Workers' Compensation Law
References
2
Case No. 2015-08-0465
Regular Panel Decision
May 10, 2016

Davila, Evodio v. iIversified Builders, Inc.

Evodio Davila, an employee of Diversified Builders, Inc., sought medical benefits for work-related injuries sustained from a fall on April 9, 2015. The case, heard by Judge Jim Umsted, involved disputes over the causation of multiple injuries, including a left patellar fracture, cervical neck strain, and concussion. Despite conflicting medical opinions from various examiners like Dr. Nahum Beard (treating physician), Dr. Alan Nadel (neurologist), and Dr. Robert Lonergan (orthopedic surgeon) regarding the work-relatedness of Davila's conditions, the Court determined that Mr. Davila is entitled to ongoing medical treatment with his authorized treating physician, Dr. Beard. The employer was ordered to schedule an appointment for Mr. Davila with Dr. Beard after Davila provides a list of his medical providers for the previous ten years. A status hearing was set for June 27, 2016.

Workers' CompensationExpedited HearingMedical TreatmentCausation DisputeFall InjuryOrthopedic InjuryNeurological InjuryEmployee RightsEmployer ResponsibilitiesTreating Physician Authorization
References
2
Case No. VNO 0462079
Regular
Jul 11, 2007

JONAS MORENO vs. FILTERCOR, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's untimely petition for reconsideration of an approved compromise and release settlement. Despite the untimeliness, the WCAB remanded the matter to the administrative law judge to treat the petition as a request to reopen the case. This allows for further proceedings on the merits of the lien claimant's claim.

Petition for ReconsiderationPetition to ReopenUntimely FilingService by MailDefective ServiceLabor Code Sections 5803Labor Code Sections 5804Compromise and ReleaseLien ClaimantWorkers' Compensation Appeals Board
References
1
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
0
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