CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 03-17-00707-CV
Regular Panel Decision
Nov 21, 2018

CoreALM, LLC v. Keen Fusion, Inc.

CoreALM, LLC appealed a trial court's judgment that awarded Keen Fusion, Inc. damages for tortious interference with contract and business disparagement. CoreALM contended that the economic loss rule barred the award and that the evidence was legally insufficient to support the jury's findings. The appellate court affirmed the trial court's judgment. It determined that the economic loss rule did not preclude Keen Fusion's recovery on its tort claims because the duty not to interfere with contractual relationships arises from common law, independent of any contractual agreement between the interfering party and the party whose contract was interfered with. The court also found factually sufficient evidence to support the jury's finding that CoreALM tortiously interfered with Keen Fusion’s contract with eCommQuest, which proximately caused Keen Fusion to lose an engagement with Johnson Controls. Given the valid finding on tortious interference, the court did not address the challenge to the business disparagement claim.

Tortious Interference with ContractEconomic Loss RuleBusiness DisparagementContract BreachAppellate ReviewFactual Sufficiency of EvidenceProximate CauseCommon Law DutyIndependent Contractor DisputeSubcontractor Agreement
References
17
Case No. SAL 0107786
Regular
Oct 16, 2007

MOLLY KIRKPATRICK vs. DOMINICAN SANTA CRUZ HOSPITAL, PSI ADMINISTERED BY OCTAGON RISK SERVICES

This case concerns an injured worker who had cervical spine surgery involving diskectomy, vertebrectomy, decompression, and fusion. The defendant sought reconsideration of an award granting temporary disability benefits beyond the statutory 104-week limit, arguing the surgery was not an amputation. The Appeals Board rescinded the prior award and returned the matter for further proceedings, as the definition of "amputation" in precedent excludes internal body parts like those removed during spinal fusion.

Workers' Compensation Appeals BoardDominican Santa Cruz HospitalOctagon Risk ServicesMolly KirkpatrickIndustrial InjuryCervical Spine SurgeryTemporary Disability IndemnityLabor Code Section 4656(c)AmputationDiskectomy
References
1
Case No. 2018-07-0621
Regular Panel Decision
Jun 18, 2021

Greve, Robert v. Southern Integrated Servs.

This Expedited Hearing Order addresses Mr. Robert Greve's request for medical benefits to cover an anterior cervical discectomy and fusion (ACDF) surgery recommended by his treating physician, Dr. Samuel Murrell, following a work-related neck injury. The employer, Southern Integrated Servs., and its carrier, Bridgefield Casualty Ins. Co., opposed the request, citing opinions from other medical examiners and a Utilization Review that the surgery was neither causally related nor medically necessary, and that the condition was primarily degenerative. The Court denied Mr. Greve's request, finding that Dr. Murrell's testimony, stating the surgery was merely "related to" the work incident, did not meet the statutory requirement of establishing that the employment contributed more than fifty percent to the need for treatment. Furthermore, other medical opinions presented did not support the claim that Mr. Greve would likely prevail at a full hearing on the merits, particularly regarding causation and necessity.

Expedited HearingMedical BenefitsSurgery DenialCausation StandardTennessee Workers' CompensationSpinal InjuryACDF SurgeryOrthopedic SurgeryUtilization ReviewMedical Necessity
References
4
Case No. 2019-05-0606
Regular Panel Decision
Nov 21, 2019

Newman, Jr., Leon v. Earth Solutions, Inc.

Leon Newman, Jr., an employee, suffered a work-related neck injury in a truck accident while working for Earth Solutions, Inc. Following initial cervical fusions that relieved right-sided symptoms, he developed severe left-sided pain. His treating physician, Dr. Shibayama, diagnosed adjacent segment degeneration from the prior surgery and recommended additional fusions at C3-5. Earth Solutions initially denied this, relying on an independent medical evaluation by Dr. Stahlman, but the Bureau's medical director reversed the denial. The Court found Dr. Shibayama's opinion more credible, ordering Earth Solutions to authorize the recommended fusions and to continue paying temporary total disability benefits to Mr. Newman, who remains unable to work.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Disability BenefitsSpinal Fusion SurgeryAdjacent Segment DegenerationCervical RadiculopathyIndependent Medical Examination (IME)Utilization ReviewTreating Physician Opinion
References
5
Case No. 526688
Regular Panel Decision
Dec 27, 2018

Matter of Bufearon v. City of Rochester Bur. of Empl. Relations

Claimant Kamren Bufearon sustained work-related injuries in a motor vehicle collision on March 4, 2016, for which his workers' compensation claim was established for injuries to his left shoulder, left hip, and lower back. Subsequently, he sought to amend his claim to include a causally-related cervical spine injury, which was initially approved by a Workers' Compensation Law Judge. However, the Workers' Compensation Board reversed this decision, finding that the claimant failed to sufficiently demonstrate a causal relationship between his cervical spine condition and the March 4, 2016 incident. The Appellate Division affirmed the Board's decision, noting that the medical testimony from two physicians contained conflicting findings and equivocal narratives regarding causation. The court concluded that the Board was entitled to reject the physicians' opinions as speculative, particularly since neither physician had reviewed the claimant's prior medical records for a pre-existing cervical spine fusion surgery.

Cervical spine injuryCausal relationshipMedical evidenceSubstantial evidence reviewAppellate DivisionWorkers' Compensation BoardPre-existing conditionCredibility of physiciansBurden of proofMotor vehicle accident
References
13
Case No. ADJ1438639 (GRO 0024593) ADJ3262777 (GRO 0025366)
Regular
Sep 20, 2011

Dennis Timmons vs. CALIFORNIA MENS COLONY, STATE COMP. INS. FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns applicant Dennis Timmons' petition for reconsideration of a denial of Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The Appeals Board reversed a prior award, finding applicant failed to prove a pre-existing permanent partial disability from a 1991 cervical fusion surgery prior to his 2000 industrial injury. Applicant argued the fusion itself constituted a previous impairment and that SB 899's apportionment changes should apply, but the Board affirmed its decision. The Board reiterated that contemporaneous medical evidence is required for SIBTF eligibility, and that SB 899 did not alter SIBTF's established requirements.

Subsequent Injuries Benefits Trust FundSIBTFpermanent disabilitypre-existing disabilitycervical fusionApril 132000 industrial injurySB 899apportionment to causationLabor Code section 4751
References
2
Case No. 2024-50-2857
Regular Panel Decision
Aug 04, 2025

BROWN, MICHAEL v. CITY OF PULASKI ELECTRIC SYSTEMS

Mr. Brown, an employee of City of Pulaski Electric Systems, suffered a work injury to his head, neck, and shoulder. His authorized physician, Dr. Erion Qamirani, recommended a cervical disc fusion surgery and temporary disability benefits, which the employer denied based on utilization review and medical director opinions asserting lack of medical necessity. The Court conducted a de novo review, weighed conflicting medical opinions, and found Dr. Qamirani's opinion more credible due to his specialization, consistent patient contact, and review of actual MRI films. Consequently, the Court granted Mr. Brown's request, ordering Pulaski to authorize the C3-C4 fusion surgery and pay temporary total disability benefits from October 28, 2024, forward.

Cervical Fusion SurgeryMedical Necessity DisputeUtilization ReviewTemporary Total Disability BenefitsOrthopedic Spine SpecialistMRI InterpretationConflicting Medical EvidenceDe Novo ReviewWork Injury CompensationEmployer-Authorized Treatment
References
4
Case No. 2018-05-1213
Regular Panel Decision
May 29, 2020

Schubert, Kristen v. Curahealth Boston, LLC

Kristen Schubert, a nurse, filed a workers' compensation claim for a cervical disc herniation she attributed to a work-related solo-lift incident on August 28, 2018. The employee, however, initially failed to report the injury as work-related to supervisors or medical providers, stating she didn't know how it happened. Her testimony was deemed not credible by the court, particularly regarding the causation of her injury, as it contradicted initial medical records and her boyfriend's account. Physician Assistant Joseph Weatherby and Orthopedist Dr. Tarek Elalayli provided medical evaluations, with Dr. Elalayli performing a cervical fusion and assigning a seven percent whole-body impairment. Ultimately, the Court denied Ms. Schubert's claim, concluding she failed to prove by a preponderance of the evidence that her injury arose primarily out of a work-related incident.

Causation DisputeEmployee CredibilityCervical Spine InjuryDisc HerniationLifting IncidentNurse Workplace InjuryMedical Expert TestimonyMRI EvidencePost-Injury ReportingPreponderance of Evidence
References
2
Case No. 2022-05-0895
Regular Panel Decision
Oct 22, 2025

JACOBS, KELLEY D. v. NISSAN NORTH AMERICA, INC.

Kelley D. Jacobs, an employee of Nissan North America, Inc., suffered a compensable right-shoulder injury that required two surgeries. Concurrently, she experienced worsening symptoms from a pre-existing, non-work-related cervical injury, also requiring multiple fusions. The central issue was whether her combined conditions constituted permanent total disability, making Nissan responsible under the Tennessee Workers’ Compensation statute. The Court found that the shoulder injury did not solely incapacitate her from working, as her inability largely stemmed from the unrelated cervical conditions. Consequently, the Court denied permanent total disability and additional temporary disability benefits but awarded permanent partial disability benefits based on a 6% medical impairment rating for the shoulder injury. The Court also referred Nissan to the Compliance Program due to delays in providing medical treatment.

Workers' Compensation LawPermanent Partial DisabilityShoulder Rotator Cuff InjuryPre-existing Medical ConditionCervical Spinal FusionMedical Impairment RatingVocational Disability AssessmentTemporary Total Disability ClaimCausation in Workers' CompEmployer Liability Limitation
References
6
Case No. 2016-02-0282
Regular Panel Decision
Dec 15, 2017

Moffitt, David v. Allied Metals Company

David Moffitt, a welder, filed a workers' compensation claim for lumbar and cervical injuries sustained on March 26, 2015. While the parties stipulated a compensable lumbar injury, the central dispute revolved around the causation of the cervical injury. The Court, presided over by Judge Brian K. Addington, ultimately ruled that Mr. Moffitt failed to prove the work-related causation of his cervical injury, citing a lack of early complaints and the more persuasive opinions of Drs. Duncan and Brasfield over Dr. Lorio. Consequently, Moffitt was awarded permanent partial disability and temporary total disability benefits solely for his lumbar injury, with attorney fees and costs also assessed, while benefits for the cervical injury were denied. The Court also made alternative findings for appellate review regarding the cervical injury.

Workers' CompensationLumbar InjuryCervical InjuryCausation DisputePermanent Partial DisabilityTemporary Total DisabilityMedical Opinion ConflictAuthorized Treating PhysicianSpinal StenosisDisc Herniation
References
3
Showing 1-10 of 332 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational