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

Case No. MISSING
Regular Panel Decision

Garza v. Doctors on Wilcrest, P.A.

Garza, an x-ray technician and radiation safety officer, was fired by Doctors on Wilerest, P.A., Duncan G. Bowell, M.D., and Alan Reichman, M.D., after reporting uncertified x-ray procedures to the Texas Board of Medical Examiners. A jury initially awarded Garza damages for wrongful termination, but the trial court granted the Doctors' motion for judgment notwithstanding the verdict (JNOV). Garza appealed, arguing the trial court erred in granting JNOV and denying her trial amendment to add a private whistleblower cause of action. The appellate court affirmed the trial court's decision, finding Garza's case did not fit the narrow Sabine Pilot exception for refusing an illegal act, nor did it extend to the Del Mar exception. Furthermore, the court declined to recognize a common law cause of action for private whistleblowers, citing the Texas Supreme Court's precedent in Austin v. Healthtrust, Inc., which defers such matters to legislative action.

Wrongful TerminationWhistleblower ProtectionEmployment-at-will doctrineCommon Law ExceptionSabine Pilot ExceptionLegislative IntentTexas Labor LawJNOVTrial AmendmentMedical Professionals
References
6
Case No. MISSING
Regular Panel Decision

Claim of Tucci v. Kimball

Claimant, a nursery school teacher, sustained a work-related lower back injury in December 1974, leading to permanent partial disability and workers’ compensation benefits. Following a second laminectomy in 1993, she developed worsening urinary incontinence. The Workers’ Compensation Board affirmed a finding that claimant was totally disabled due to this condition, deeming it a consequence of her original work-related injury. The employer and its workers’ compensation carrier appealed. The appellate court affirmed the Board’s decision, noting that while conflicting medical opinions existed, the neurologist’s testimony provided substantial evidence to support the finding of total disability stemming from the 1974 injury.

work-related injurylower back injuryurinary incontinencepermanent partial disabilitytotal disabilitylaminectomymedical opinionsneurologist testimonysubstantial evidenceWorkers' Compensation Board
References
1
Case No. ADJ669666 (MON 0318802)
Regular
Feb 22, 2011

JANE DOWDS vs. LONG BEACH UNIFIED SCHOOL DISTRICT, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT

This case involves an applicant seeking reconsideration of a prior workers' compensation award. The applicant argued the administrative law judge erred in applying the 1997 Permanent Disability Rating Schedule and failing to award additional disability for irritable bowel syndrome. The Appeals Board granted reconsideration, adopting the WCJ's recommendation to defer the issue of permanent disability related to irritable bowel syndrome and attorney's fees, reserving jurisdiction at the trial level. The rest of the original award was affirmed.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictTristar Risk ManagementFindings and AwardPermanent Disability Rating ScheduleIrritable Bowel SyndromeHypertensionReconsiderationDeferred IssueJurisdiction Reserved
References
0
Case No. ADJ8734182
Regular
Dec 17, 2018

JONATHAN MCINTYRE vs. COUNTY OF SAN DIEGO

This case involves an applicant, Jonathan McIntyre, a deputy sheriff, claiming bladder cancer as a work-related injury. The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision, finding that the medical evidence regarding the latency period of the applicant's bladder cancer was insufficient. The WCAB determined further development of the medical record is required to accurately assess when the cancer "developed" and "manifested" relative to the statutory presumption period. Therefore, the case is returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge.

Workers' Compensation Appeals BoardDeputy SheriffBladder CancerLabor Code section 3212.1Presumption of CompensabilityLatency PeriodAgreed Medical EvaluatorManifestation of DiseaseDevelopment of CancerStatutory Presumption
References
11
Case No. ADJ6619965 ADJ9843987
Regular
Jul 16, 2018

JESUS ZARAGOZA vs. KOOL KOUNTRY, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Board granted reconsideration to review the finding of injury to the bladder, sleep disorder, sexual dysfunction, and cognitive disability/headaches, as well as the applicant's earnings. The Board affirmed the finding of injury to the bladder, sleep disorder, and sexual dysfunction but reversed the finding of injury related to cognitive impairment/headaches, finding insufficient medical evidence. Additionally, the Board amended the applicant's earnings to $270.00 per week, based on the parties' stipulation regarding the permanent disability rate, and affirmed the overall award except for these specific modifications.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardAdministrative Law JudgePermanent DisabilityAverage Weekly EarningsStipulationAgreed Medical ExaminerQualified Medical Examiner
References
0
Case No. ADJ1651527 (SBR 0314707)
Regular
Apr 11, 2023

TERRI GLASGOW vs. MASSIE DIAGNOSTIC IMAGING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award, rescinded the award, and returned the case to the trial level for further proceedings. The applicant contended the judge failed to rate her bladder injury and ignored vocational expert opinions. The WCAB agreed that the judge improperly applied the pyramiding principles to rate the bladder and lumbar injuries and misapplied case law regarding the consideration of medical and vocational expert opinions. Additionally, the WCAB noted the decision lacked sufficient detail regarding the basis for the overall permanent disability rating.

Petition for ReconsiderationFindings and AwardPermanent Disability RatingBladder InjuryUrinary Stress IncontinenceSacral NeuropathyLumbar Spine InjuryPyramiding PrincipleMultiple Disabilities TableApportionment
References
9
Case No. VNO 0506664 VNO 0506924
Regular
Nov 06, 2007

MICHAEL SOUTH vs. CITY OF GROVER BEACH, CITY OF ATASCADERO

The Workers' Compensation Appeals Board denied reconsideration of an applicant's petition regarding two industrial injuries: irritable bowel syndrome and bilateral upper extremity injuries. While the Board noted the petition was timely filed, it adopted the WCJ's report which found no permanent disability for the irritable bowel syndrome based on the treating doctor's opinion. The Board also upheld the use of the 2005 Permanent Disability Rating Schedule for the upper extremity injury, as the applicant's medical reports predating January 1, 2005, did not establish permanent and stationary status or permanent disability.

Workers' Compensation Appeals BoardReconsideration DeniedIrritable Bowel SyndromeBilateral Medial EpicondylitisBilateral Cubital Tunnel SyndromePolice OfficerPermissibly Self-InsuredJoint PetitionTimely FiledPermanent Disability Rating Schedule
References
0
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Humboldt Dye Works, Inc.

Claimant, a dyer for 25 years, developed bladder cancer attributed by the Workmen's Compensation Board to occupational exposure to aniline dyes. The employer appealed, disputing the causal link between finished dyes and cancer. Expert witnesses for the claimant, including a chemist and two urologists, presented testimony asserting that dyes containing carcinogens, such as alpha and beta naphthalene, could cause bladder cancer through absorption and inhalation. They also referenced statistical evidence supporting their claims. Despite contradictory testimony from the employer's medical experts, the court affirmed the Board's finding of a causal relationship, concluding that substantial evidence supported the occupational disease determination.

Occupational DiseaseBladder CancerAniline DyesCarcinogen ExposureCausal RelationshipMedical Expert TestimonySubstantial Evidence ReviewWorkers' Compensation AppealUrological ConditionDye Industry Worker
References
4
Case No. ADJ4585939 (VNO 0527178) ADJ2581067 (VNO 0527236)
Regular
Jan 02, 2014

KATHLEEN NUTT vs. TEHACHAPI VALLEY HEALTH CARE DISTRICT, ALPHA FUND

This Workers' Compensation Appeals Board (WCAB) decision granted reconsideration and affirmed a prior ruling, with a key amendment. The amendment expanded the applicant's entitlement to further medical treatment to cure and relieve the effects of her industrial psychiatric injury, hypertension, fibromyalgia, sleep disorder, and irritable bowel syndrome. The WCAB adopted and incorporated the administrative law judge's report into its decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJindustrial psychiatric injuryindustrial hypertensionfibromyalgiasleep disorderirritable bowel syndromefurther medical treatmentcure and relieve
References
0
Case No. ADJ7320474
Regular
Jun 08, 2015

XOCHILT GAMEZ vs. JP MORGAN CHASE & CO.; LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a petition to reopen for new and further disability related to a psyche and irritable bowel syndrome injury. The defendant argued the applicant did not sustain new and further disability, but the WCAB granted reconsideration. The Board amended the original findings to clarify that all outstanding issues, including permanent disability, are deferred with jurisdiction reserved. The WCAB affirmed the substance of the WCJ's decision, granting the petition to reopen for new and further disability.

new and further disabilityPetition to ReopenLabor Code section 5410Labor Code section 5803psyche injuryirritable bowel syndromepermanent disabilitytemporary partial disabilitywage lossjurisdiction reserved
References
0
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