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

Case No. 03-03-00763-CV
Regular Panel Decision
Dec 16, 2004

Antonio Nash v. the Blood and Tissue Center of Central Texas

This employment discrimination case involves Antonio Nash appealing a summary judgment in favor of The Blood and Tissue Center of Central Texas (BTC). Nash, an African-American facilities manager, was terminated by BTC for alleged violations of company policy, including sexual harassment, breach of confidentiality, and an unauthorized background check. He claimed racial discrimination, retaliation, and intentional infliction of emotional distress, arguing BTC's reasons were pretextual. The appellate court affirmed the trial court's judgment, concluding Nash failed to present sufficient evidence to create a genuine issue of material fact regarding pretext or discriminatory motivation. The court also addressed Nash's challenges to the consistency of BTC's articulated reasons, the adequacy of BTC's investigation, and the exclusion of certain evidence, finding no reversible error.

Employment DiscriminationSummary Judgment AppealRacial DiscriminationPretextMcDonnell Douglas FrameworkBurden-Shifting AnalysisCompany Policy ViolationsConfidentiality BreachSexual Harassment AllegationsUnauthorized Background Check
References
29
Case No. MISSING
Regular Panel Decision
Jan 28, 2013

Rozek v. New York Blood Center

The plaintiff, Susan Rozek, sued New York Blood Center (NYBC) and First Unum Life Insurance Company under ERISA after being denied long-term disability and Retirement Income Protection (RIP) benefits. Rozek alleged wrongful denial of benefits by First Unum under the NYBC Plan. The court considered cross-motions for summary judgment. Despite evidence supporting Rozek's disability claim, the court found substantial medical evidence indicating she was not disabled according to the Plan's definition, and the defendants' decision was deemed not arbitrary or capricious. The court granted summary judgment in favor of the defendants on all claims, including the RIP benefits claim due to the plaintiff's failure to exhaust administrative remedies, and denied attorneys' fees to the plaintiff.

ERISADisability BenefitsLong-Term DisabilityPlan Administrator DiscretionSummary JudgmentAdministrative Record ReviewSocial Security DisabilityWorkers' CompensationMedical EvaluationFunctional Capacity Evaluation
References
46
Case No. ADJ7962227
Regular
May 09, 2014

ANDREA REYNOSO vs. SANSUM CLINIC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the initial finding that she did not sustain a cumulative injury during her employment. The applicant claimed new evidence, including EMG testing for wrist issues and diagnoses of pulmonary embolism and blood clots affecting her psyche, should have been considered. However, the Board found this evidence was not "newly discovered" and could have been discovered through due diligence prior to the settlement conference or trial. Even if admitted, the new evidence would not alter the conclusion that any industrial injury occurred in 1999, not during her employment with Sansum Clinic.

Workers' Compensation Appeals BoardCumulative InjuryAgreed Medical EvaluatorPetition for ReconsiderationFindings of Fact and OrderAOE/COECarpal Tunnel SyndromePulmonary EmbolismPsyche InjuryNew Evidence
References
1
Case No. MISSING
Regular Panel Decision

Claim of Perez v. Mondial Tiles, Inc.

Claimant, a marble floor laborer, experienced dizziness and saw lights on March 5, 2007, while carrying a heavy marble floor, leading to headaches and blurry vision. He later underwent a craniotomy and shunt placement due to a blood clot. After filing for workers' compensation, a Workers’ Compensation Law Judge initially found no causal relationship between his work and injuries. However, the Workers’ Compensation Board reversed this, establishing a causal relationship. The carrier appealed this decision. The court affirmed the Board's decision, finding substantial evidence in the medical opinions of treating physicians Dr. Larry Neuman and Dr. Spencer Golden, who both linked the claimant's stroke, cervical radiculopathy, and subsequent disability to the work-related straining and heavy lifting incident.

Workers' CompensationCausal RelationshipStrokeCervical RadiculopathyHeavy LiftingDizzinessHemorrhagic StrokeCraniotomyAppellate Division
References
7
Case No. MISSING
Regular Panel Decision

People v. Bowman

Velna Prince left her five-week-old baby, Tyshae, with the defendant, Tyrone Bowman. Upon returning, she found Tyshae in distress with severe head injuries. Doctors later confirmed blunt head trauma and blood clots, which were inconsistent with the defendant's claim of an accidental fall. Tyshae subsequently died. The defendant was convicted of depraved indifference murder and sentenced to 25 years to life. On appeal, the defendant argued insufficient evidence for depraved indifference, claiming his actions were more consistent with intentional murder or lacked the required mental state. The court affirmed the conviction, finding that the jury rationally concluded reckless rather than intentional conduct, and the defendant's acts demonstrated wanton cruelty and utter indifference to human life, exacerbated by his failure to seek help.

Depraved Indifference MurderChild AbuseHead TraumaReckless ConductIntentional ActSufficiency of EvidencePenal LawAppellate ReviewJury VerdictMedical Testimony
References
17
Case No. 2019-03-0997 / 58711-2019
Regular Panel Decision
Mar 25, 2021

Fritts, Charles v. Ronnie Waldrop dba Peerless Painting

Charles Fritts, an employee of Ronnie Waldrop dba Peerless Painting, sustained severe injuries including a fractured pelvis, right wrist, spleen damage, stroke, and aortic blood clot after falling thirty-five feet from scaffolding on May 30, 2019. He filed a Petition for Benefit Determination, and after Mr. Waldrop failed to respond to requests for admissions, the Court deemed an employment relationship admitted. The Court granted partial summary judgment on the employment relationship and proceeded to a Compensation Hearing, which Mr. Waldrop did not attend. Based on expert medical opinion from Dr. C.M. Salekin, the Court found Mr. Fritts's injuries arose primarily out of and in the course and scope of his employment, resulting in a twelve-percent permanent impairment. The Court ordered Mr. Waldrop to pay Mr. Fritts permanent partial disability benefits of $36,000.18, temporary total disability benefits of $45,602.24, and ongoing medical benefits, while denying his claim for past medical expenses.

Workers' Compensation ClaimFall from ScaffoldingSerious InjuriesUninsured Employer LiabilityTemporary Total Disability BenefitsPermanent Partial Disability BenefitsMedical Expense DenialOngoing Medical TreatmentIndependent Medical Evaluation (IME)Employment Status Dispute
References
7
Case No. 2015-07-0053
Regular Panel Decision
Sep 22, 2015

Boyd, Michael v. Revel Logging, LLC.

The employee, Michael Boyd, alleged a work-related back injury and a vascular leg injury from a fall. He received authorized treatment for his back but sought independent treatment for the vascular condition. The trial court deemed both injuries compensable, ordering continuing care for the vascular issue and payment for related medical expenses, while denying a request for a second panel of physicians for the back injury. On appeal by the employer, Revel Logging, LLC, the Appeals Board affirmed the denial of additional back injury benefits. However, it reversed the trial court's determination that the vascular injury was compensable and that the employer was liable for associated medical bills, remanding the case for further proceedings.

Workers' CompensationBack InjuryVascular InjuryCausationMedical TreatmentEmployee ClaimEmployer LiabilityAppealRemandPhysician Opinion
References
0
Case No. ADJ8997142
Regular
Jul 12, 2018

Dave Zada vs. Allpro Millworking, Inc., Liberty Mutual Insurance Company

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and found the applicant's claim for blood cancer barred by the statute of limitations. The WCAB acknowledged that the applicant's prior claim for a stroke was already barred by res judicata. However, the WCAB determined that the applicant had knowledge of his blood cancer being work-related in 2004, but failed to file a claim until 2013. Therefore, the claim for blood cancer was untimely.

AOE/COERes JudicataStatute of LimitationsPolycythemia Rubra VeraBlood CancerStrokeChemical ExposureCumulative InjurySpecific InjuryWCJ
References
3
Case No. ADJ13173690
Regular
Feb 07, 2023

CHRISTOPHE LELONG vs. BEVERLY HILLS POLICE DEPARTMENT, CORVEL

This case involves a police officer diagnosed with a sinus and respiratory infection caused by *Citrobacter koseri*, a bacteria transmissible through blood. The applicant sustained symptoms during his employment, triggering the presumption of industrial causation under Labor Code section 3212.8. The defendant challenged the presumption, arguing the bacteria's transmission was uncertain and not solely blood-borne. However, the Board affirmed the initial award, finding the defendant failed to meet its burden of proof to rebut the presumption, as the bacteria is capable of being carried or transmitted by blood.

Labor Code 3212.8blood-borne infectious diseasepresumption of industrial causationCitrobacter koseripolice officeroccupational exposuresinus infectionrespiratory systemindustrial injuryrebuttal of presumption
References
10
Case No. 11-08-00088-CV
Regular Panel Decision
Jan 29, 2010

Colin Powers v. Texas Mutual Insurance Company

This is a workers' compensation appeal concerning Colin Powers' claim denied by Texas Mutual Insurance Company due to intoxication at the time of injury. The jury in the trial court found Powers intoxicated, leading to a judgment for Texas Mutual. Powers challenged the blood alcohol test results, arguing a fatal gap in the chain of custody of his blood sample. The Eleventh Court of Appeals affirmed the trial court's judgment, ruling that Powers waived his objections by not raising them at trial and, even if he had, the evidence was sufficient to establish a reliable chain of custody for the blood sample.

Workers' CompensationIntoxicationBlood SampleChain of CustodyAppellate ReviewEvidence AdmissibilityMedical RecordsAlcohol ConcentrationTexas LawJury Verdict
References
10
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