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

Case No. W2003-00825-SC-WCM-CV
Regular Panel Decision
Nov 30, 2004

David Stupp v. Phillips Auto Body, LLC and First American Insurance Company

This workers' compensation appeal concerns David Stupp, who sustained a neck injury while employed at Phillips Auto Body, LLC. The trial court initially awarded a 25% vocational impairment, but both parties appealed. The defendant challenged the findings regarding permanent injury and the necessity of surgery, while the plaintiff sought a higher disability award. The Special Workers' Compensation Appeals Panel affirmed the trial court's decision regarding medical expenses for unauthorized treatment by Dr. Segal and found ample evidence for permanent injury. Ultimately, the panel modified the judgment to award a 45% vocational disability to the body as a whole, concluding that the evidence preponderated in favor of an increased assessment.

Vocational DisabilityPermanent InjuryMedical CausationDisk LesionSpinal SurgeryEmployer LiabilityMedical ExpensesAppellate ReviewCredibility of EvidenceAMA Guides
References
17
Case No. 2016-01-0139
Regular Panel Decision
Mar 03, 2023

Brown, Binnie v, Whole Foods Markets, Inc.

Bonnie Brown, an employee of Whole Foods, sought psychiatric evaluation for impairment and ongoing treatment for a mental injury allegedly stemming from a 2015 spinal injury. Whole Foods opposed, arguing a lack of authorized referral and unproven work-relatedness of the mental injury. The Court acknowledged the problem of obtaining mental impairment assessments when only non-physician providers (psychologists) have been authorized, citing Tennessee law that limits impairment ratings to physicians. Consequently, the Court found no mechanism to compel Whole Foods to provide a psychiatrist panel solely for impairment assessment. However, based on Ms. Brown's credible testimony and corroborating medical records, the Court ruled that she would likely prevail in establishing her need for ongoing psychological care. The Court ordered Whole Foods to authorize Ms. Brown to return to Dr. Henriksen or provide a panel of psychologists/psychiatrists for assessment of her need for ongoing care and/or referral.

Mental injuryWorkers' CompensationPsychological evaluationChronic painDepressionAnxietyCausationImpairment ratingPsychiatric referralAuthorized treatment
References
4
Case No. MISSING
Regular Panel Decision

Frazier v. Bridgestone/Firestone, Inc.

This workers' compensation appeal, heard by the Special Workers’ Compensation Appeals Panel, addressed challenges by the employer and insurer regarding a trial court's referral to a special master, an impairment finding, and a permanent partial disability award. The panel ruled that while referring main issues to a special master is prohibited, the procedural error in this instance did not warrant reversal. After evaluating various medical opinions, the panel gave equal weight to the assessments of Dr. Smith and Dr. Talmadge, establishing an 8 percent whole body medical impairment. Consequently, the panel reduced the permanent partial disability benefits award to 20 percent to the body as a whole, modifying and affirming the trial court's original judgment.

Workers' Compensation AppealPermanent Partial DisabilityMedical Impairment RatingSpecial Master ReferenceAppellate ReviewAMA GuidelinesShoulder InjuryProcedural ErrorTrial Court Judgment ModificationDisability Benefits Reduction
References
6
Case No. 03-15-00064-CV
Regular Panel Decision
Jan 22, 2015

Elite Auto Body LLC, D/B/A Precision Auto Body Rey R. Hernandez Yesica Diaz And David Damian v. Autocraft Body Works, Inc., Now Known as Wasson Road Ventures, Inc. D/B/A Autocraft Bodywerks

The Appellants, Elite Auto Body LLC, Rey R. Hernandez, Yesica Diaz, and David Damian, are appealing a trial court's order that denied their Motion to Dismiss. This motion was filed under the Texas Citizens Participation Act (TCPA) against claims of trade secret misappropriation, unfair competition, and breach of fiduciary duty brought by Appellee Autocraft Bodywerks, Inc. Appellants contend that the trial court erred by narrowly construing the TCPA, failing to recognize that their communications regarding business practices and employee recruitment are protected under rights of association and free speech. They also argue that Autocraft failed to provide sufficient 'clear and specific evidence' to establish a prima facie case for its claims, which is a requirement under the TCPA. Consequently, Appellants are seeking a reversal of the trial court's order, dismissal of Autocraft's claims, and an award for their attorneys' fees and expenses.

Texas Civil Practice and Remedies CodeTexas Citizens Participation ActAnti-SLAPPTrade Secret MisappropriationUnfair CompetitionFiduciary DutyFreedom of AssociationFreedom of SpeechAppellate ProcedureMotion to Dismiss
References
42
Case No. MISSING
Regular Panel Decision

Reagan v. Tennessee Municipal League

The employer and its insurance carrier appealed a permanent partial disability award to an employee in a worker’s compensation case. Appellants argued that the employee's injuries were confined to a scheduled member (right leg and foot) and therefore, the disability rating should be based on statutory schedules, not apportioned to the body as a whole. The court found that the employee sustained a severe fracture to the right leg and ankle, rated by an orthopedic surgeon as 50% permanent partial disability to the foot/ankle, or 35% to the leg, or 14% to the whole person per medical guidelines. However, the appellate court ruled that statutory schedules for scheduled member injuries must control over medical impairment ratings that translate to a body as a whole disability. Consequently, the trial court's judgment was reversed, and the case remanded for a redetermination of the disability rating based solely on the injury to the right leg as a scheduled member.

Permanent Partial DisabilityScheduled Member InjuryBody as a WholeStatutory SchedulesMedical Impairment RatingRemandLeg InjuryFoot InjuryAnkle InjuryTennessee Law
References
2
Case No. MISSING
Regular Panel Decision

Thompson v. Leon Russell Enterprises

Plaintiff Leonard Thompson, a bus driver for Defendant Leon Russell Enterprises, was injured in a bus accident on August 25, 1986, sustaining injuries to his back, hip, and legs, with persistent knee pain. After initial conservative treatment by Dr. Boylin, he underwent arthroscopic surgery on his left knee by Dr. Eyring on October 10, 1990. Dr. Eyring assessed a 20% permanent impairment to the left leg, while Defendant's physician, Dr. Bishop, assessed 10%. The trial court awarded 60% permanent partial disability to the body as a whole and 25 weeks of temporary total disability benefits. On appeal, the higher court affirmed the temporary total disability award but modified the permanent partial disability award to 80% to the left leg, reasoning that a body as a whole award requires expert testimony establishing permanent injury to an unscheduled body part, which was not sufficiently proven for the hip or back injuries.

Workers' CompensationPermanent Partial DisabilityTemporary Total DisabilityScheduled Member InjuryBody as a Whole DisabilityKnee SurgeryMedical Impairment AssessmentAppellate ReviewInjury ClassificationCausation
References
11
Case No. MISSING
Regular Panel Decision

Denco CS Corporation v. Body Bar, LLC

Body Bar, LLC sued Denco CS Corporation after Denco filed mechanic's liens on property leased by Body Bar, leading the new property owner, Bre Throne Preston Park, LLC, to withhold a $25,000 tenant improvement reimbursement. Body Bar sought declaratory relief, alleging breach of contract and tortious interference, and Denco counterclaimed for breach of contract, quantum meruit, and unjust enrichment. The trial court initially ruled in favor of Body Bar, invalidating the liens and finding Denco liable for breach of contract and tortious interference, awarding damages and attorney fees. On appeal, the court affirmed the invalidity of Denco's liens and the dismissal of Denco's claims but reversed the findings of Body Bar's breach of contract and tortious interference claims, and the $25,000 damage award, remanding these issues for further proceedings due to insufficient evidence of damages.

Contract disputeMechanic's lienStatutory lienConstitutional lienTortious interferenceBreach of contractQuantum meruitUnjust enrichmentSummary judgmentReal property
References
37
Case No. MISSING
Regular Panel Decision

Wells v. Sentry Insurance Co.

The plaintiff, Donna Wells, suffered bilateral arm and wrist issues, diagnosed as carpal tunnel syndrome, while working for Modine Manufacturing Company. Medical evaluations by neurosurgeons Dr. Purvis and Dr. Klieforth led to varying impairment ratings to her upper extremities and body as a whole. The trial court awarded Wells 65% permanent partial disability to the body as a whole. The defendant appealed, arguing the award should have been confined to scheduled members (arms). The reviewing court affirmed the trial court's decision, finding ample evidence that the disability extended beyond scheduled members to include hands, wrists, arms, and shoulders. The court also declared the defendant's appeal frivolous, noting the monetary benefit would be identical regardless of the classification, and remanded the case for the assessment of damages against the appellant.

Workers' Compensation AppealPermanent Partial DisabilityBody as a Whole DisabilityScheduled Member vs. Whole BodyCarpal Tunnel SyndromeBilateral Arm InjuryMedical Impairment RatingsNeurosurgeon TestimonyFrivolous Appeal DamagesJudicial Review Standard
References
9
Case No. MISSING
Regular Panel Decision

General Smelting & Refining, Inc. v. Whitefield

Plaintiff, Terry Whitefield, a manual laborer, suffered severe second and third-degree burns while working for General Smelting and Refining in 1976, when he fell into molten lead. He sustained injuries requiring extensive treatment, including hospitalization and reconstructive surgery by Dr. David G. Bowers, Jr. The trial judge found permanent impairment to four scheduled members and assessed a fifty percent disability to the body as a whole, awarding compensation. On appeal, the employer and its insurer, Aetna Life and Casualty, challenged the award, arguing insufficient evidence for the disability findings. The appellate court, referencing prior case law, affirmed the trial judge's decision, stating that lay testimony combined with medical evidence of permanency supported the award, and that multiple injuries to three or more members are not scheduled injuries under T.C.A. § 50-1007(c), allowing for apportionment to the body as a whole.

Workers' CompensationBurn InjuriesPermanent Partial DisabilityScheduled Member InjuriesBody as a Whole DisabilityMedical Expert TestimonyLay TestimonyAppellate ReviewEvidence SufficiencyInjury Apportionment
References
6
Case No. 2022-07-0416
Regular Panel Decision
Aug 04, 2023

Wigdor, Brad v. ELECTRIC RESEARCH & MFG. COOPERATIVE, INC

Mr. Brad Wigdor sustained a dislocated patella and subsequently developed Complex Regional Pain Syndrome Type-1 following a workplace injury on May 7, 2021. The central dispute concerned the appropriate permanent impairment rating. Mr. Wigdor challenged the five percent whole body impairment assigned by Dr. Michael Calfee of the Medical Impairment Rating Registry (MIRR), presenting evidence from Dr. Samuel Chung who assessed a nine percent impairment based on additional findings like hair loss and skin inelasticity. The Court, however, found that Mr. Wigdor did not present clear and convincing evidence sufficient to overcome the statutory presumption of accuracy afforded to Dr. Calfee’s MIRR rating. Consequently, the Court ordered the employer, Electric Research & Mfg. Cooperative, Inc., to pay permanent partial disability benefits based on Dr. Calfee’s five percent impairment.

Workers' CompensationPermanent Partial DisabilityImpairment RatingComplex Regional Pain Syndrome (CRPS)MIRR EvaluationMedical Expert TestimonyClear and Convincing EvidenceVocational ImpairmentKnee InjuryPatella Dislocation
References
4
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