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

Case No. 03-14-00726-CV
Regular Panel Decision
Oct 30, 2014

Texas San Marcos Treatment Center, L.P. D/B/A San Marcos Treatment Center v. Veronica Payton

Texas San Marcos Treatment Center appeals the trial court's denial of its motion to dismiss Veronica Payton's health care liability claim. Payton alleged negligence after being assaulted by a patient at the treatment center. The appellant argues that the expert report provided by Dr. William H. Reid is deficient, lacking factual support and specificity concerning the standard of care, its breach, and causation, as required by Chapter 74 of the Texas Civil Practices and Remedies Code. The appellant asserts the trial court abused its discretion by finding the report adequate and requests dismissal of the claims.

Medical MalpracticeExpert ReportMotion to DismissAbuse of DiscretionStandard of CareBreach of DutyCausationHealth Care Liability ClaimPsychiatric FacilityEmployee Assault
References
25
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Grief Bros.

This employment discrimination case, filed July 1, 2002, involves Michael Sabo (Plaintiff) who alleges constructive discharge based on sexual harassment and claims severe emotional pain and suffering. The Defendant moved for a mental examination of Sabo under Fed.R.Civ.P. 35 and to compel the production of his medical records. Sabo alleged severe humiliation, anxiety, depression, loss of self-esteem, sleeplessness, and weight gain, and admitted to a history of depression, past suicide attempts, and current psychiatric treatment with prescribed medications. The court granted the Defendant's motions, finding that Sabo had placed his mental condition in controversy due to the nature and severity of his claims and his medical history, justifying both the examination and the production of relevant medical records. The court also granted Defendant's request for costs associated with compelling the medical records, but denied the request for costs related to the Rule 35 motion itself, and denied Plaintiff's request for counsel or recording during the examination.

Employment DiscriminationSexual HarassmentConstructive DischargeEmotional DistressMental ExaminationRule 35Medical RecordsDepressionSuicide AttemptsCompensatory Damages
References
11
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. 2016-01-0701
Regular Panel Decision
May 09, 2017

Crabtree, Daryl v. Eaton Corporation

Daryl Crabtree, an employee of Eaton Corporation, sought additional medical benefits with an unauthorized doctor, Dr. Scott Hodges, for a low-back injury sustained in August 2015. Crabtree had initially received authorized treatment from Dr. Rickey Hutcheson, who diagnosed him with a lumbar strain and spondylosis, determined he reached maximum medical improvement (MMI) with a 2% impairment, and discharged him. Dr. Hodges later recommended surgery, contingent on reviewing additional medical records. Eaton denied Crabtree's request for a second opinion and further treatment, relying on Dr. Hutcheson's opinion. The Court of Workers' Compensation Claims at Chattanooga denied Crabtree's request for expedited relief, ruling that he was unlikely to rebut the statutory presumption of correctness afforded to the authorized treating physician's opinion. The court also clarified that no entitlement to a second opinion existed since Dr. Hutcheson had not recommended surgery.

Back InjuryMedical Benefits DisputeExpedited HearingAuthorized Treating PhysicianUnauthorized PhysicianMedical Impairment RatingCausation DisputePre-existing ConditionLumbar StrainSpinal Stenosis
References
4
Case No. 2020-03-0054
Regular Panel Decision
Sep 03, 2020

Davis, Shane M. v. Harvest Party Rentals

Shane M. Davis, an employee, sought workers' compensation benefits for medical bills, ongoing treatment, and temporary total disability after sustaining a wrist injury in a work fall. Harvest Party Rentals, the uninsured employer, failed to provide benefits or a panel of physicians. The Court denied Mr. Davis's requested benefits because he did not submit medical records or other evidence to prove the causal connection between his injury and the need for treatment or his inability to work. The employer was referred to the Compliance Program for investigation and assessment of a penalty for its failure to provide a panel of physicians as required by law.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityBurden of ProofUninsured EmployerWrist InjuryCompliance ProgramPanel of PhysiciansCausation
References
2
Case No. 2017-03-0637
Regular Panel Decision
Jul 27, 2018

Elliott, Mark v. Heritage Food Services, Inc. d/b/a Heritage Grill

Mark Elliott filed a Request for Expedited Hearing seeking additional medical benefits and temporary total disability benefits following a hyper-extension injury at work. The Court sustained objections from the employer, Heritage Food Services, Inc., regarding the admissibility of Mr. Elliott's affidavits, email communications, and medical records due to hearsay and lack of proper authentication. Consequently, much of Mr. Elliott's submitted evidence was not considered. The Court found that Mr. Elliott failed to present sufficient admissible medical evidence to prove a causal connection between his employment and the need for treatment, or to demonstrate a disability due to a work-related injury. Therefore, his requests for additional medical treatment, outstanding medical charges, mileage expenses, and temporary disability benefits were denied.

Workers' CompensationExpedited HearingBenefit DenialMedical BenefitsTemporary Total DisabilityCausationAdmissibility of EvidenceHearsayAuthenticationTennessee Law
References
2
Case No. 2017-06-0405
Regular Panel Decision
Dec 06, 2017

Castillo, David Valle v. The Hotel Group Holdings, LLC

David Valle Castillo, an employee of The Hotel Group Holdings, LLC, filed a request for expedited hearing seeking additional medical and temporary benefits for a compensable injury. Mr. Castillo, a dishwasher, slipped and fell on October 7, 2016, and the claim was accepted. He sought treatment from Dr. Edward Mackey, who recommended spinal fusion surgery due to symptomatic spinal stenosis. The employer denied further medical benefits based on an independent medical examination by Dr. Tarek Elalayli, who concluded the work injury was less than 50% related. The Court found that Dr. Mackey's opinion, affirmed by a causation letter, was presumed correct and that the employer failed to rebut this presumption. The Court granted Mr. Castillo's request for medical benefits, ordering The Hotel Group to authorize continued treatment with Dr. Mackey, including the recommended surgery. However, the request for temporary disability benefits was denied due to incomplete records regarding the duration of disability.

Expedited HearingMedical BenefitsTemporary BenefitsSpinal StenosisSpinal FusionCausation OpinionTreating PhysicianIndependent Medical ExaminationPresumption of CorrectnessBurden of Proof
References
3
Case No. E2014-00302-COA-R3-CV
Regular Panel Decision
Jan 30, 2015

American Heritage Apartments, Inc. v. The Hamilton County Water and Wastewater Treatment Authority, Hamilton County, Tennessee

The plaintiff, American Heritage Apartments, Inc., challenged a monthly flat charge imposed by the Hamilton County Water and Wastewater Treatment Authority (County WWTA) for sewer lateral repairs. The trial court granted summary judgment to the County WWTA, finding no private right of action under the Utility District Law of 1937 (UDL). On appeal, the Court of Appeals reversed the summary judgment, concluding the UDL was inapplicable as the County WWTA was formed under the Tennessee Water and Wastewater Treatment Authority Act (WWTA Act). The appellate court held that the WWTA Act implicitly provides a private right of action for ultra vires and contract claims. The court also affirmed the trial court's alternative ruling that class action certification for affected customers was appropriate.

Water UtilityWastewater TreatmentFlat Rate ChargeClass Action CertificationSummary Judgment ReversalPrivate Right of ActionUltra Vires ClaimGovernmental ImmunityUtility District LawWater and Wastewater Treatment Authority Act
References
48
Case No. 2020-020384
Regular Panel Decision
Jan 04, 2021

Hibbitts, Greg v. Kim Royal dba Royal Guttering

Mr. Hibbitts filed a second Request for an Expedited Hearing on the Record, seeking medical and temporary benefits for alleged injuries sustained on July 15, 2020. He worked as a laborer for Royal Guttering and fell from a roof while instructing a co-worker. Royal Guttering did not have workers’ compensation insurance at the time of the injury. Despite providing uncontroverted evidence of his fall and hospital visit, Mr. Hibbitts failed to provide medical records documenting the injury, treatment, or need for continued medical care, nor any evidence of temporary disability. Consequently, the Court denied his request for medical and temporary disability benefits.

Expedited HearingTemporary BenefitsMedical BenefitsWorkers' Compensation InsuranceLaborer InjuryFall from RoofDisability BenefitsProof of InjuryMedical RecordsTennessee Law
References
1
Case No. 08-11-00264-CV
Regular Panel Decision
Oct 08, 2014

Maria G. Thompson/Luis Marioni, D.C. v. Jaime Stolar, M.D., Alivio Medical Center, Alivio Treatment Centers, P.A. and Luis Marioni, D.C./Maria G. Thompson

This multi-party appeal originated from a medical and chiropractic malpractice lawsuit filed by Maria G. Thompson against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center and Alivio Treatment Centers, P.A. Thompson alleged negligence resulting in severe knee injuries, including infection and fusions, following injections and treatment. A jury found Dr. Stolar and Dr. Marioni negligent, awarding damages. On appeal, the court reversed the judgment against Dr. Marioni due to insufficient evidence of causation but affirmed the judgment against Dr. Stolar. The court also upheld the denial of Thompson's claims regarding damages and apparent agency against Alivio.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSpontaneous FusionSurgical FusionNegligenceCausationDamages AssessmentApparent Agency
References
48
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