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

Case No. 02-23-00220-CV
Regular Panel Decision
Apr 17, 2025

Bianco Brain and Spine, PLLC and Nikhil Kanti Patel, M.D. v. Larry Jones and Shelley Jones

This case concerns a medical malpractice claim brought by Larry and Shelley Jones against Bianco Brain and Spine, PLLC and Dr. Nikhil Kanti Patel. Mr. Jones suffered a cauda equina injury during spine surgery performed by Dr. Patel. The jury found Dr. Patel negligent, and his negligence proximately caused Mr. Jones's injury. On appeal, Dr. Patel challenged the legal and factual sufficiency of the evidence. The Court affirmed the judgment against Dr. Patel, finding sufficient evidence to support the jury's finding that Dr. Patel's intraoperative surgical technique (removing existing hardware before stabilizing the L3-L4 junction) breached the standard of care and caused the injury. Bianco Brain and Spine, PLLC was sued under a theory of respondeat superior. The Court reversed the judgment imposing liability on Bianco, holding that the Joneses waived their independent ground of recovery for respondeat superior by failing to submit a jury question on this claim, and the evidence of Dr. Patel's employment status was not conclusive.

Medical MalpracticeMedical NegligenceSpine SurgeryCauda Equina InjuryRespondeat SuperiorVicarious LiabilityLegal SufficiencyFactual SufficiencyExpert TestimonyProximate Cause
References
87
Case No. ADJ11339054, ADJ10362180
Regular
Mar 20, 2023

DONALD TERRY vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board denied the Defendant's Petition for Reconsideration. The Board affirmed the Administrative Law Judge's (ALJ) award finding industrial injury to the applicant's head, brain, heart, and stroke, in addition to previously stipulated knee injuries. This decision was based on the fact that the original stipulation expressly left the head, brain, heart, and stroke claims open for further litigation. Medical evidence supported these additional injuries as a compensable consequence of the initial knee injury.

WCABPetition for ReconsiderationFindings and Awardadministrative law judgeindustrial injurycumulative traumapermanent disabilityapportionmentfurther medical treatmentstipulated award
References
1
Case No. MISSING
Regular Panel Decision

Trinity Universal Ins. Co. v. Walker

This is a workman's compensation case where Mrs. E. D. Walker, Sr. (appellee) sued Trinity Universal Insurance Company (appellant) after her husband, E. D. Walker, Sr., died following a collapse at work. Mr. Walker collapsed on September 5, 1945, from what the jury determined to be a heat stroke or heat exhaustion while working on a construction job in Blanco County, Texas. He died on March 15, 1946, after developing a brain tumor that was aggravated by the heat stroke. The court overruled the plea in abatement, finding the notice filed by the son as an agent was valid, and affirmed the jury's findings that the deceased suffered a heat stroke which contributed to his death, and that he was exposed to greater hazards than the public generally.

Workman's CompensationHeat StrokeHeat ExhaustionCausationBrain TumorAgency LawNotice of DissatisfactionMedical TestimonyAppellate ReviewJury Findings
References
2
Case No. ADJ8835024 ADJ8996815
Regular
Sep 05, 2016

TRACIE KEILLOR vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed its prior decision that the applicant did not sustain industrial injury to her heart or brain in the form of a stroke. The applicant failed to meet the burden of proof that "heart trouble" medically contributed to her stroke. Furthermore, the Board found no newly discovered evidence, including a civil judgment and expert testimony, that warranted overturning its decision.

Heart troublestrokedeputy sheriffheart presumption statutesLabor Code section 3212.5industrial injurymedical probabilitycollateral estoppelres judicatanewly discovered evidence
References
1
Case No. MISSING
Regular Panel Decision
Mar 28, 2014

Gallen v. County of Rockland

This case concerns an appeal by defendants Jay L. Lombard and Brain Behavior Center-Rockland from the denial of their motion for summary judgment in a medical malpractice and wrongful death action. The plaintiff's decedent, after a suicide attempt, was discharged from Valley Hospital with a safety contract. The same day, he was seen by defendant Lombard, a neurologist, who performed a suicide assessment, prescribed medication, and concluded there was no immediate risk, but the decedent committed suicide a week later. The Supreme Court denied the defendants' motion for summary judgment, and the appellate court affirmed, finding a triable issue of fact regarding whether Lombard departed from good medical practice by failing to obtain prior records and conducting an inadequate suicide assessment.

Medical MalpracticeWrongful DeathSuicide AssessmentNeurologist LiabilitySummary JudgmentAppellate ReviewStandard of CareProximate CausePatient DischargePsychiatric Treatment
References
6
Case No. MISSING
Regular Panel Decision

Claim of Haines v. Kip Sheldon Trucking Co.

Claimant sustained a closed head injury and left carotid artery dissection, leading to a stroke, following a rollover motor vehicle accident during employment. His request for workers' compensation benefits was disputed by the employer, who argued the stroke predated the accident due to prior medical conditions. Conflicting medical opinions were presented regarding the stroke's causal relation to the accident. The Workers’ Compensation Board found the stroke to be causally related, a decision affirmed on appeal. The court found substantial evidence supported the Board's conclusion that the stroke occurred after and as a result of the accident.

Workers' CompensationCausationStrokeMotor Vehicle AccidentCarotid DissectionMedical OpinionConflicting Medical EvidenceAppellate ReviewSubstantial EvidenceTrauma-Induced Injury
References
5
Case No. 536047
Regular Panel Decision
Nov 16, 2023

Matter of Aungst v. Family Dollar

Claimant Frank Aungst, a store manager, sought workers' compensation benefits after contracting COVID-19 and suffering a consequential stroke in April-May 2020. The Workers' Compensation Board found his claim valid, concluding he sustained an accidental injury due to elevated exposure at work and that the stroke was causally related. The employer and carrier appealed, disputing the work-relatedness of the COVID-19 infection and the causal link to the stroke. The Appellate Division, Third Department, affirmed the Board's decision, determining that substantial evidence supported both the finding of a work-related COVID-19 contraction and a causally-related consequential stroke. The court specifically credited the testimony of the claimant's vascular neurologist regarding the stroke's causation by COVID-19.

COVID-19StrokeOccupational DiseaseAccidental InjuryCausationElevated RiskPublic-Facing EmploymentWorkers' Compensation BoardAppellate DivisionMedical Evidence
References
16
Case No. ADJ9688843
Regular
Oct 29, 2019

HECTOR VILLAFAN vs. EXIDE TECHNOLOGIES, TRISTAR RISK MANAGEMENT

This case involves an applicant, Hector Villafan, seeking reconsideration of a workers' compensation decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, affirming the original August 6, 2019 decision with amendments. The WCAB clarified that an industrial injury need only be a contributing cause to the disability, citing *South Coast Framing*. The amended findings establish new and further disability to the head, brain, stroke, and hypertension, deferring other issues and ordering further medical treatment.

WCABPetition for ReconsiderationWCJ reportSouth Coast Framinglegal causationcontributing causenew and further disabilityindustrial injuryhead and brainstroke
References
1
Case No. ADJ8-481702
Regular
May 30, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a worker who suffered orthopedic injuries from a fall and subsequently had a stroke in the hospital. The Appeals Board granted reconsideration, finding the stroke to be a compensable consequence of the industrial injury. This was based on the expert opinion that the necessity to withhold anticoagulation medication due to the orthopedic injuries directly increased the risk of the stroke. Therefore, the Board amended the original order to include the stroke as industrially caused, remanding the case for further proceedings.

Salvatore PuccioOnline Graphics and FinishingEmployers Compensation Insurance CompanyADJ8-481702Petition for ReconsiderationCompensable ConsequenceIndustrial InjuryAtrial FibrillationCerebral Vascular AccidentAnticoagulant Therapy
References
6
Case No. ADJ1443846 (AHM 0145673)
Regular
May 26, 2009

Barry Rawlins vs. Acker-Stone Industries, STATE COMPENSATION INSURANCE FUND, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that Barry Rawlins sustained an industrial cumulative trauma injury to his cerebral vascular system and brain. The Board found that the defendant, State Compensation Insurance Fund, failed to diligently pursue its discovery rights and timely utilize the medical dispute resolution process. Dr. Araneta's opinion, establishing a causal link between Rawlins' employment stress and his stroke, was deemed substantial medical evidence supporting the injury finding. Therefore, the Board affirmed the WCJ's decision and denied the defendant's petition.

Cumulative traumaCerebral vascular system injuryIndustrial injurySale representativePetition for reconsiderationDue processDeposition transcriptMedical recordsSubstantial medical evidenceLabor Code section 4062.2
References
2
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